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PART I – PRELIMINARY
| 1. |
Short title
This Act may be cited as the Traffic Act.
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| 2. |
Interpretation
In this Act, unless the context otherwise requires—
“bicycle” means any bicycle or tricycle not self-propelled;
“cattle” includes oxen, bulls, cows, horses, camels, mules, asses, sheep, goats and swine;
“commercial vehicle” means a motor vehicle constructed or adapted for the carriage of goods or burdens of any description in connection with any trade, business or agriculture, but does not include any type or class of motor vehicle which the Registrar may, by notice in the Gazette, declare not to be commercial vehicles for the purposes of this Act;
“dealer” means any person who deals by way of business in motor vehicles or trailers;
“dealer’s general licence” means a licence issued under section 23;
“drive”, in relation to a motor vehicle, includes the steering of a motor vehicle;
“driver” means any person who drives or guides, or is in actual physical control of, any vehicle or cattle on any road;
“driving licence” means a licence to drive a motor vehicle issued under this Act, and any document deemed to be a driving licence by any rules made under this Act;
“driving test examiner” means any person appointed to be a driving test examiner under subsection (3) of section 3;
“heavy commercial vehicle” means a commercial vehicle whose tare weight exceeds six thousand seven hundred and twenty pounds;
“highway authority” means—
| (a) |
in relation to the area of jurisdiction of a municipality, the municipal council concerned; and
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| (b) |
in relation to any other area, the Minister for the time being responsible for matters relating to public works;
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“inspection certificate” means a certificate affixed to a vehicle under section 17A;
“invalid carriage” means a motor vehicle specially designed and constructed for the use of persons suffering from some physical defect or disability;
“licensing officer” means a licensing officer appointed under section 3;
“manufacturer” means a manufacturer of motor vehicles and trailers;
“matatu” means a public service vehicle having a seating accommodation for not more than twenty-five passengers exclusive of the driver, but does not include a motor-car;
“motor-car” means a motor vehicle having seating accommodation for not more than ten passengers excluding the driver, but does not include a motorcycle;
“motorcycle” means a motor vehicle with less than four wheels the weight of which unladen does not exceed eight hundred weights;
“motor omnibus” means a public service vehicle having seating accommodation for more than twenty-five passengers exclusive of the driver;
“motor vehicle” means any mechanically propelled vehicle, excluding any vehicle running on a specially prepared way such as a railway or tramway or any vehicle deriving its power from overhead electric power cables or such other vehicles as may from time to time by rules under this Act be declared not to be motor vehicles for the purposes of this Act;
“owner”, in relation to a vehicle which is the subject of a hire-purchase agreement or hiring agreement, includes the person in possession of the vehicle under that agreement;
“plying for hire” includes—
| (a) |
standing on any public taxi stand;
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| (b) |
being offered for hire by any notice, advertisement or announcement;
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| (c) |
standing or travelling whilst exhibiting a “For Hire” notice of any kind;
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“provisional licence” means a licence issued under section 32;
“private hire vehicle” means any public service vehicle constructed or adapted to carry not more than seven passengers, exclusive of the driver, such vehicle not being a taxicab or matatu;
“public service vehicle” means any motor vehicle which—
| (a) |
is licensed under Part XI to carry passengers for hire or reward; or
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| (b) |
plies for hire or reward or is let out for hire or reward; or
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| (c) |
is carrying passengers for hire or reward;
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“Registrar” means the Registrar of Motor Vehicles appointed under section 3;
“road” means any public road within the meaning of the Public Roads and Roads of Access Act ( Cap. 399), and includes any other road or way, wharf, car park, footpath or bridle-path on which vehicles are capable of travelling and to which the public has access;
“tare weight” means the weight of a vehicle when unladen, inclusive of the weight of the body and all parts (the heavier being taken when alternative bodies or parts are used) which are necessary to or ordinarily used with the vehicle when used on the road;
“taxicab” means any public service vehicle constructed or adapted to carry not more than seven passengers, exclusive of the driver, which is registered under any by-laws relating to the licensing and operation of taxicabs to ply for hire from a taxi rank or other public place within the area where such by-laws are in force;
“tractor” means a motor vehicle constructed or adapted for the purpose of hauling trailers but which is not itself designed to carry goods or passengers;
“trailer” means any vehicle designed to be drawn by a motor vehicle, but does not include a sidecar attached to a motorcycle;
“traffic signs” means any sign, notice, signal, light or other device erected or in any way displayed by or with the consent of the highway authority, for the purpose of regulating, restricting or prohibiting traffic and vehicles of any kind, on a road:
Provided that all traffic signs shall conform to any regulations as to size, colour and type which may be prescribed by rules made under this Act;
“vehicle” includes a motor vehicle, a trailer and any other conveyance used on a road;
“vehicle licence certificate” means a certificate issued under section 20A of this Act.
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| 2. |
Interpretation
In this Act, unless the context otherwise requires—
“bicycle” means any bicycle or tricycle not self-propelled;
“cattle” includes oxen, bulls, cows, horses, camels, mules, asses, sheep, goats and swine;
“commercial vehicle” means a motor vehicle constructed or adapted for the carriage of goods or burdens of any description in connection with any trade, business or agriculture, but does not include any type or class of motor vehicle which the Registrar may, by notice in the Gazette, declare not to be commercial vehicles for the purposes of this Act;
“dealer” means any person who deals by way of business in motor vehicles or trailers;
“dealer’s general licence” means a licence issued under section 23;
“drive”, in relation to a motor vehicle, includes the steering of a motor vehicle;
“driver” means any person who drives or guides, or is in actual physical control of, any vehicle or cattle on any road;
“driving licence” means a licence to drive a motor vehicle issued under this Act, and any document deemed to be a driving licence by any rules made under this Act;
“driving test examiner” means any person appointed to be a driving test examiner under subsection (3) of section 3;
“heavy commercial vehicle” means a commercial vehicle whose tare weight exceeds six thousand seven hundred and twenty pounds;
“highway authority” means the Minister for the time being responsible for Public Roads or any other Authority or body to whom the Minister delegates powers subject to such terms and conditions as he may deem appropriate;
“inspection certificate” means a certificate affixed to a vehicle under section 17A;
“invalid carriage” means a motor vehicle specially designed and constructed for the use of persons suffering from some physical defect or disability;
“licensing officer” means a licensing officer appointed under section 3;
“manufacturer” means a manufacturer of motor vehicles and trailers;
“matatu” means a public service vehicle having a seating accommodation for not more than twenty-five passengers exclusive of the driver, but does not include a motor-car;
“motor-car” means a motor vehicle having seating accommodation for not more than ten passengers excluding the driver, but does not include a motorcycle;
“motorcycle” means a motor vehicle with less than four wheels the weight of which unladen does not exceed eight hundred weights;
“motor omnibus” means a public service vehicle having seating accommodation for more than twenty-five passengers exclusive of the driver;
“motor vehicle” means any mechanically propelled vehicle, excluding any vehicle running on a specially prepared way such as a railway or tramway or any vehicle deriving its power from overhead electric power cables or such other vehicles as may from time to time by rules under this Act be declared not to be motor vehicles for the purposes of this Act;
“owner”, in relation to a vehicle which is the subject of a hire-purchase agreement or hiring agreement, includes the person in possession of the vehicle under that agreement;
“plying for hire” includes—
| (a) |
standing on any public taxi stand;
|
| (b) |
being offered for hire by any notice, advertisement or announcement;
|
| (c) |
standing or travelling whilst exhibiting a “For Hire” notice of any kind;
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“provisional licence” means a licence issued under section 32;
“private hire vehicle” means any public service vehicle constructed or adapted to carry not more than seven passengers, exclusive of the driver, such vehicle not being a taxicab or matatu;
“public service vehicle” means any motor vehicle which—
| (a) |
is licensed under Part XI to carry passengers for hire or reward; or
|
| (b) |
plies for hire or reward or is let out for hire or reward; or
|
| (c) |
is carrying passengers for hire or reward;
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“Registrar” means the Registrar of Motor Vehicles appointed under section 3;
“road” means any public road within the meaning of the Public Roads and Roads of Access Act ( Cap. 399), and includes any other road or way, wharf, car park, footpath or bridle-path on which vehicles are capable of travelling and to which the public has access;
“tare weight” means the weight of a vehicle when unladen, inclusive of the weight of the body and all parts (the heavier being taken when alternative bodies or parts are used) which are necessary to or ordinarily used with the vehicle when used on the road;
“taxicab” means any public service vehicle constructed or adapted to carry not more than seven passengers, exclusive of the driver, which is registered under any by-laws relating to the licensing and operation of taxicabs to ply for hire from a taxi rank or other public place within the area where such by-laws are in force;
“tractor” means a motor vehicle constructed or adapted for the purpose of hauling trailers but which is not itself designed to carry goods or passengers;
“trailer” means any vehicle designed to be drawn by a motor vehicle, but does not include a sidecar attached to a motorcycle;
“traffic signs” means any sign, notice, signal, light or other device erected or in any way displayed by or with the consent of the highway authority, for the purpose of regulating, restricting or prohibiting traffic and vehicles of any kind, on a road:
Provided that all traffic signs shall conform to any regulations as to size, colour and type which may be prescribed by rules made under this Act;
“vehicle” includes a motor vehicle, a trailer and any other conveyance used on a road;
“vehicle licence certificate” means a certificate issued under section 20A of this Act. [Act No. 52 of 1959, s. 2, Act No. 13 of 1972, Sch., Act No. 10 of 1984, s. 2, Act No. 8 of 1985, s. 20, Act No. 1 of 1986, s. 3, Act No. 2 of 2007, Fifth Sch.]
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| 2. |
Interpretation
In this Act, unless the context otherwise requires—
“bicycle” means any bicycle or tricycle not self-propelled;
“cattle” includes oxen, bulls, cows, horses, camels, mules, asses, sheep, goats and swine;
“commercial vehicle” means a motor vehicle constructed or adapted for the carriage of goods or burdens of any description in connection with any trade, business or agriculture, but does not include any type or class of motor vehicle which the Registrar may, by notice in the Gazette, declare not to be commercial vehicles for the purposes of this Act;
“computerized motor vehicle registration system” means any software or hardware for use in storing, retrieving, processing or disseminating information relating to registration records of motor vehicles and trailers, the licensing of drivers, and the keeping of such records in relation thereto as are required by this Act;
“dealer” means any person who deals by way of business in motor vehicles or trailers;
“dealer’s general licence” means a licence issued under section 23;
“deregistration certificate” means a deregistration certificate issued under section 6A(2);
“drive”, in relation to a motor vehicle, includes the steering of a motor vehicle;
“driver” means any person who drives or guides, or is in actual physical control of, any vehicle or cattle on any road;
“driving licence” means a licence to drive a motor vehicle issued under this Act, and any document deemed to be a driving licence by any rules made under this Act;
“driving test examiner” means any person appointed to be a driving test examiner under subsection (3) of section 3;
“heavy commercial vehicle” means a commercial vehicle whose tare weight exceeds six thousand seven hundred and twenty pounds;
“highway authority” means the Minister for the time being responsible for Public Roads or any other Authority or body to whom the Minister delegates powers subject to such terms and conditions as he may deem appropriate;
“information technology” means any equipment or software for use in storing, retrieving, processing or disseminating information;
“inspection certificate” means a certificate affixed to a vehicle under section 17A;
“invalid carriage” means a motor vehicle specially designed and constructed for the use of persons suffering from some physical defect or disability;
“licensing officer” means a licensing officer appointed under section 3;
“manufacturer” means a manufacturer of motor vehicles and trailers;
“matatu” means a public service vehicle having a seating accommodation for not more than twenty-five passengers exclusive of the driver, but does not include a motor-car;
“motor-car” means a motor vehicle having seating accommodation for not more than ten passengers excluding the driver, but does not include a motorcycle;
“motorcycle” means a motor vehicle with less than four wheels the weight of which unladen does not exceed eight hundred weights;
“motor omnibus” means a public service vehicle having seating accommodation for more than twenty-five passengers exclusive of the driver;
“motor vehicle” means any mechanically propelled vehicle, excluding any vehicle running on a specially prepared way such as a railway or tramway or any vehicle deriving its power from overhead electric power cables or such other vehicles as may from time to time by rules under this Act be declared not to be motor vehicles for the purposes of this Act;
“owner”, in relation to a vehicle which is the subject of a hire-purchase agreement or hiring agreement, includes the person in possession of the vehicle under that agreement;
“plying for hire” includes—
| (a) |
standing on any public taxi stand;
|
| (b) |
being offered for hire by any notice, advertisement or announcement;
|
| (c) |
standing or travelling whilst exhibiting a “For Hire” notice of any kind;
|
“provisional licence” means a licence issued under section 32;
“private hire vehicle” means any public service vehicle constructed or adapted to carry not more than seven passengers, exclusive of the driver, such vehicle not being a taxicab or matatu;
“public service vehicle” means any motor vehicle which—
| (a) |
is licensed under Part XI to carry passengers for hire or reward; or
|
| (b) |
plies for hire or reward or is let out for hire or reward; or
|
| (c) |
is carrying passengers for hire or reward;
|
“Registrar” means the Registrar of Motor Vehicles appointed under section 3;
“registration certificate” means a certificate issued under section 6(5);
“road” means any public road within the meaning of the Public Roads and Roads of Access Act ( Cap. 399), and includes any other road or way, wharf, car park, footpath or bridle-path on which vehicles are capable of travelling and to which the public has access;
“tare weight” means the weight of a vehicle when unladen, inclusive of the weight of the body and all parts (the heavier being taken when alternative bodies or parts are used) which are necessary to or ordinarily used with the vehicle when used on the road;
“taxicab” means any public service vehicle constructed or adapted to carry not more than seven passengers, exclusive of the driver, which is registered under any by-laws relating to the licensing and operation of taxicabs to ply for hire from a taxi rank or other public place within the area where such by-laws are in force;
“tractor” means a motor vehicle constructed or adapted for the purpose of hauling trailers but which is not itself designed to carry goods or passengers;
“trailer” means any vehicle designed to be drawn by a motor vehicle, but does not include a sidecar attached to a motorcycle;
“traffic signs” means any sign, notice, signal, light or other device erected or in any way displayed by or with the consent of the highway authority, for the purpose of regulating, restricting or prohibiting traffic and vehicles of any kind, on a road:
Provided that all traffic signs shall conform to any regulations as to size, colour and type which may be prescribed by rules made under this Act;
“vehicle” includes a motor vehicle, a trailer and any other conveyance used on a road;
“vehicle licence certificate” means a certificate issued under section 20A of this Act. [Act No. 52 of 1959, s. 2, Act No. 13 of 1972, Sch., Act No. 10 of 1984, s. 2, Act No. 8 of 1985, s. 20, Act No. 1 of 1986, s. 3, Act No. 2 of 2007, Fifth Sch., Act No. 4 of 2012, s. 27.]
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| 2. |
Interpretation
In this Act, unless the context otherwise requires—
“Authority” means the National Transport and Safety Authority established under the National Transport and Safety Authority Act;
“bicycle” means any bicycle or tricycle not self-propelled;
“cattle” includes oxen, bulls, cows, horses, camels, mules, asses, sheep, goats and swine;
“commercial vehicle”means a motor vehicle constructed or adapted for the carriage of goods or burdens of any description in connection with any trade, business or agriculture, but does not include any type or class of motor vehicle which the Authority may, by notice in the Gazette, declare not to be commercial vehicles for the purposes of this Act;
“computerized motor vehicle registration system” means any software or hardware for use in storing, retrieving, processing or disseminating information relating to registration records of motor vehicles and trailers, the licensing of drivers, and the keeping of such records in relation thereto as are required by this Act;
“dealer” means any person who deals by way of business in motor vehicles or trailers;
“dealer’s general licence” means a licence issued under section 23;
“deregistration certificate” means a deregistration certificate issued under section 6A(2);
“drive”, in relation to a motor vehicle, includes the steering of a motor vehicle;
“driver” means any person who drives or guides, or is in actual physical control of, any vehicle or cattle on any road;
“driving licence” means a licence to drive a motor vehicle issued under this Act, and any document deemed to be a driving licence by any rules made under this Act;
“driving test examiner” means any person appointed to be a driving test examiner under subsection (3) of section 3;
“heavy commercial vehicle” means a commercial vehicle whose tare weight exceeds six thousand seven hundred and twenty pounds;
“highway authority” means the Minister for the time being responsible for Public Roads or any other Authority or body to whom the Minister delegates powers subject to such terms and conditions as he may deem appropriate;
“information technology” means any equipment or software for use in storing, retrieving, processing or disseminating information;
“inspection certificate” means a certificate affixed to a vehicle under section 17A;
“invalid carriage” means a motor vehicle specially designed and constructed for the use of persons suffering from some physical defect or disability;
“licensing officer” means a licensing officer appointed under section 3;
“manufacturer” means a manufacturer of motor vehicles and trailers;
“matatu” means a public service vehicle having a seating accommodation for not more than twenty-five passengers exclusive of the driver, but does not include a motor-car;
“motor-car” means a motor vehicle having seating accommodation for not more than ten passengers excluding the driver, but does not include a motorcycle;
“motorcycle” means a motor vehicle with less than four wheels the weight of which unladen does not exceed eight hundred weights;
“motor omnibus” means a public service vehicle having seating accommodation for more than twenty-five passengers exclusive of the driver;
“motor vehicle” means any mechanically propelled vehicle, excluding any vehicle running on a specially prepared way such as a railway or tramway or any vehicle deriving its power from overhead electric power cables or such other vehicles as may from time to time by rules under this Act be declared not to be motor vehicles for the purposes of this Act;
“owner”, in relation to a vehicle which is the subject of a hire-purchase agreement or hiring agreement, includes the person in possession of the vehicle under that agreement;
“plying for hire” includes—
| (a) |
standing on any public taxi stand;
|
| (b) |
being offered for hire by any notice, advertisement or announcement;
|
| (c) |
standing or travelling whilst exhibiting a “For Hire” notice of any kind;
|
“provisional licence” means a licence issued under section 32;
“private hire vehicle” means any public service vehicle constructed or adapted to carry not more than seven passengers, exclusive of the driver, such vehicle not being a taxicab or matatu;
“public service vehicle” means any motor vehicle which—
| (a) |
is licensed under Part XI to carry passengers for hire or reward; or
|
| (b) |
plies for hire or reward or is let out for hire or reward; or
|
| (c) |
is carrying passengers for hire or reward;
|
“registration certificate” means a certificate issued under section 6(5);
“road” means any public road within the meaning of the Public Roads and Roads of Access Act ( Cap. 399), and includes any other road or way, wharf, car park, footpath or bridle-path on which vehicles are capable of travelling and to which the public has access;
“tare weight” means the weight of a vehicle when unladen, inclusive of the weight of the body and all parts (the heavier being taken when alternative bodies or parts are used) which are necessary to or ordinarily used with the vehicle when used on the road;
“taxicab” means any public service vehicle constructed or adapted to carry not more than seven passengers, exclusive of the driver, which is registered under any by-laws relating to the licensing and operation of taxicabs to ply for hire from a taxi rank or other public place within the area where such by-laws are in force;
“tractor” means a motor vehicle constructed or adapted for the purpose of hauling trailers but which is not itself designed to carry goods or passengers;
“trailer” means any vehicle designed to be drawn by a motor vehicle, but does not include a sidecar attached to a motorcycle;
“traffic signs” means any sign, notice, signal, light or other device erected or in any way displayed by or with the consent of the highway authority, for the purpose of regulating, restricting or prohibiting traffic and vehicles of any kind, on a road:
Provided that all traffic signs shall conform to any regulations as to size, colour and type which may be prescribed by rules made under this Act;
“vehicle” includes a motor vehicle, a trailer and any other conveyance used on a road;
“vehicle licence certificate” means a certificate issued under section 20A of this Act. [Act No. 52 of 1959, s. 2, Act No. 13 of 1972, Sch., Act No. 10 of 1984, s. 2, Act No. 8 of 1985, s. 20, Act No. 1 of 1986, s. 3, Act No. 2 of 2007, Fifth Sch., Act No. 4 of 2012, s. 27, Act No. 33 of 2012, s. 62(a).]
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| 2. |
Interpretation
In this Act, unless the context otherwise requires—
“authorised officer” means a person appointed as such under section 3(4);
“Authority” means the National Transport and Safety Authority established under the National Transport and Safety Authority Act;
“bicycle” means any bicycle or tricycle not self-propelled;
“cattle” includes oxen, bulls, cows, horses, camels, mules, asses, sheep, goats and swine;
“commercial vehicle”means a motor vehicle constructed or adapted for the carriage of goods or burdens of any description in connection with any trade, business or agriculture, but does not include any type or class of motor vehicle which the Authority may, by notice in the Gazette, declare not to be commercial vehicles for the purposes of this Act;
“computerized motor vehicle registration system” means any software or hardware for use in storing, retrieving, processing or disseminating information relating to registration records of motor vehicles and trailers, the licensing of drivers, and the keeping of such records in relation thereto as are required by this Act;
“dealer” means any person who deals by way of business in motor vehicles or trailers;
“dealer’s general licence” means a licence issued under section 23;
“deregistration certificate” means a deregistration certificate issued under section 6A(2);
“drive”, in relation to a motor vehicle, includes the steering of a motor vehicle;
“driver” means any person who drives or guides, or is in actual physical control of, any vehicle or cattle on any road;
“driving licence” means a licence to drive a motor vehicle issued under this Act, and any document deemed to be a driving licence by any rules made under this Act;
“heavy commercial vehicle” means a commercial vehicle whose tare weight exceeds six thousand seven hundred and twenty pounds;
“highway authority” means the Minister for the time being responsible for Public Roads or any other Authority or body to whom the Minister delegates powers subject to such terms and conditions as he may deem appropriate;
“information technology” means any equipment or software for use in storing, retrieving, processing or disseminating information;
“inspection certificate” means a certificate affixed to a vehicle under section 17A;
“invalid carriage” means a motor vehicle specially designed and constructed for the use of persons suffering from some physical defect or disability;
“licensing officer” means a licensing officer appointed under section 3;
“manufacturer” means a manufacturer of motor vehicles and trailers;
“matatu” means a public service vehicle having a seating accommodation for not more than twenty-five passengers exclusive of the driver, but does not include a motor-car;
“motor-car” means a motor vehicle having seating accommodation for not more than ten passengers excluding the driver, but does not include a motorcycle;
“motorcycle” means a motor vehicle with less than four wheels the weight of which unladen does not exceed eight hundred weights;
“motor omnibus” means a public service vehicle having seating accommodation for more than twenty-five passengers exclusive of the driver;
“motor vehicle” means any mechanically propelled vehicle, excluding any vehicle running on a specially prepared way such as a railway or tramway or any vehicle deriving its power from overhead electric power cables or such other vehicles as may from time to time by rules under this Act be declared not to be motor vehicles for the purposes of this Act;
“owner”, in relation to a vehicle which is the subject of a hire-purchase agreement or hiring agreement, includes the person in possession of the vehicle under that agreement;
“plying for hire” includes—
| (a) |
standing on any public taxi stand;
|
| (b) |
being offered for hire by any notice, advertisement or announcement;
|
| (c) |
standing or travelling whilst exhibiting a “For Hire” notice of any kind;
|
“provisional licence” means a licence issued under section 32;
“private hire vehicle” means any public service vehicle constructed or adapted to carry not more than seven passengers, exclusive of the driver, such vehicle not being a taxicab or matatu;
“public service vehicle” means any motor vehicle which—
| (a) |
is licensed under Part XI to carry passengers for hire or reward; or
|
| (b) |
plies for hire or reward or is let out for hire or reward; or
|
| (c) |
is carrying passengers for hire or reward;
|
“registration certificate” means a certificate issued under section 6(5);
“road” means any public road within the meaning of the Public Roads and Roads of Access Act ( Cap. 399), and includes any other road or way, wharf, car park, footpath or bridle-path on which vehicles are capable of travelling and to which the public has access;
“tare weight” means the weight of a vehicle when unladen, inclusive of the weight of the body and all parts (the heavier being taken when alternative bodies or parts are used) which are necessary to or ordinarily used with the vehicle when used on the road;
“taxicab” means any public service vehicle constructed or adapted to carry not more than seven passengers, exclusive of the driver, which is registered under any by-laws relating to the licensing and operation of taxicabs to ply for hire from a taxi rank or other public place within the area where such by-laws are in force;
“tractor” means a motor vehicle constructed or adapted for the purpose of hauling trailers but which is not itself designed to carry goods or passengers;
“trailer” means any vehicle designed to be drawn by a motor vehicle, but does not include a sidecar attached to a motorcycle;
“traffic signs” means any sign, notice, signal, light or other device erected or in any way displayed by or with the consent of the highway authority, for the purpose of regulating, restricting or prohibiting traffic and vehicles of any kind, on a road:
Provided that all traffic signs shall conform to any regulations as to size, colour and type which may be prescribed by rules made under this Act;
“vehicle” includes a motor vehicle, a trailer and any other conveyance used on a road;
“vehicle licence certificate” means a certificate issued under section 20A of this Act. [Act No. 52 of 1959, s. 2, Act No. 13 of 1972, Sch., Act No. 10 of 1984, s. 2, Act No. 8 of 1985, s. 20, Act No. 1 of 1986, s. 3, Act No. 2 of 2007, Fifth Sch., Act No. 4 of 2012, s. 27, Act No. 33 of 2012, s. 62(a), Act No. 18 of 2018, Sch.]
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| 3. |
Appointment of officers
| (1) |
The Minister shall, by notice in the Gazette, appoint a Registrar of Motor Vehicles, who shall be responsible for the registration and licensing of motor vehicles and trailers and for the licensing of drivers, and for the keeping of such records in relation thereto as are required by this Act.
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| (2) |
The Registrar shall, by notice in the Gazette, appoint such licensing officers as may be necessary for the carrying out of the provisions of this Act.
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| (3) |
The Minister shall, by notice in the Gazette, appoint—
| (a) |
a certifying officer who shall perform such duties under this Act and any rules made thereunder in relation to the examination of vehicles as the Minister may direct, and for the purpose of performing such duties the certifying officer shall have and may exercise the powers of an inspector under this Act; and
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| (b) |
such inspectors and driving test examiners as may be necessary for carrying out the provisions of this Act.
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| 3. |
Appointment of officers
| (1) |
The Authority shall be responsible for the registration and licensing of motor vehicles and trailers and for the licensing of drivers, and for the keeping of such records in relation thereto as are required by this Act.
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| (2) |
The Authority shall appoint such licensing officers as may be necessary for the carrying out of the provisions of this Act.
|
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| 3. |
Appointment of officers
| (1) |
The Authority shall be responsible for the registration and licensing of motor vehicles and trailers and for the licensing of drivers, and for the keeping of such records in relation thereto as are required by this Act.
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| (2) |
The Authority shall appoint such licensing officers as may be necessary for the carrying out of the provisions of this Act.
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| (3) |
The Authority may appoint such number of suitably qualified persons to be inspectors of motor vehicles as it may deem necessary for purposes of this Act.
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| (4) |
The Authority may designate any of its officer to be authorised officers for purposes of this Act.
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| 4. |
Classification of vehicles
For the purposes of this Act, motor vehicles shall be divided into the following classes—
| (b) |
heavy commercial vehicles;
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| (f) |
motorcycles not exceeding fifty cubic centimetres engine capacity;
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| (g) |
motorcycles exceeding fifty cubic centimetres engine capacity;
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| (i) |
special types of motor vehicles for which special authorization is required from the Registrar before such vehicles can be registered or used on a road; and
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| 4. |
Classification of vehicles
For the purposes of this Act, motor vehicles shall be divided into the following classes—
| (b) |
heavy commercial vehicles;
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| (f) |
motorcycles not exceeding fifty cubic centimetres engine capacity;
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| (g) |
motorcycles exceeding fifty cubic centimetres engine capacity;
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| (i) |
special types of motor vehicles for which special authorization is required from the Authority before such vehicles can be registered or used on a road; and
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PART II – REGISTRATION OF VEHICLES
| 5. |
Records of vehicles
| (1) |
The Registrar shall keep records of all motor vehicles and trailers registered in Kenya, and shall cause every licensing officer to keep records of all vehicles registered by him.
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| (2) |
Vehicle records maintained by the Registrar or a licensing officer shall be open for inspection by any police officer, any collector of customs and the chairman of the Transport Licensing Board, who shall be entitled to copy any entry in such records free of charge.
|
| (3) |
Any person who satisfies the Registrar that he has reasonable cause therefor shall be entitled on payment of the prescribed fee to a copy of any entry in such vehicle records.
|
|
| 5. |
Records of vehicles
| (1) |
The Authority shall keep records of all motor vehicles and trailers registered in Kenya, and shall cause every licensing officer to keep records of all vehicles registered by him.
|
| (2) |
Vehicle records maintained by the Authority shall be open for inspection by any police officer or collector of customs who shall be entitled to a copy of any entry in such records free of charge.
|
| (3) |
Any person who satisfies the Authority that he has reasonable cause therefor shall be entitled on payment of the prescribed fee to a copy of any entry in such vehicle records.
|
|
| 5. |
Records of vehicles
| (1) |
The Authority shall keep records of all motor vehicles and trailers registered in Kenya, and shall cause every licensing officer to keep records of all vehicles registered by him.
|
| (2) |
Vehicle records maintained by the Authority shall be open for inspection by any police officer or collector of customs who shall be entitled to a copy of any entry in such records free of charge.
|
| (3) |
Any person who satisfies the Authority that he has reasonable cause therefor shall be entitled on payment of the prescribed fee to a copy of any entry in such vehicle records.
|
| (4) |
The Authority shall create, maintain and update a database of all motor vehicles with diplomatic number plates which are owned or operated by foreign nationals, and shall require such number plates to be surrendered upon the end of the tour of duty, retirement or sale of the motor vehicle.
|
|
| 5A. |
Use of information technology
| (1) |
Subject to such conditions as the Registrar may prescribe, registration, licensing or any formalities and procedures under this Act may be carried out by use of information technology.
|
| (2) |
For the purposes of subsection (1), the Registrar may, by notice in the Gazette, specify—
| (a) |
the procedures which may be carried out by use of information technology; and
|
| (b) |
the persons authorized to carry out such formalities using information technology.
|
|
|
| 5B. |
Application to use of computerized motor vehicle registration
system
| (1) |
A person who wishes to be registered as a user of a computerized motor vehicle registration system may apply in writing to the Registrar who may—
| (a) |
grant the application subject to such conditions as he may impose; or
|
|
| (2) |
A person shall not access, transmit to, or receive information from, a computerized motor vehicle registration system unless that person is a registered user of the system.
|
|
| 5C. |
Cancellation of registration of registered user
The Registrar may, at any time, cancel the registration of a registered user of a computerized motor vehicle registration system if satisfied that the user has—
| (a) |
failed to comply with a condition of registration imposed by the Registrar under section 3;
|
| (b) |
failed to comply with, or has acted in contravention of, any condition under the rules; or
|
| (c) |
been convicted of an offence under this Act relating to improper access to, or interference with a motor vehicle computerized system.
|
|
| 5D. |
Unauthorized access to computerized motor vehicle registration
system
| (1) |
A person commits an offence if the person—
| (a) |
knowingly and without lawful authority, by any means gains access to or attempts to gain access to any computerized motor vehicle registration system; or
|
| (b) |
having lawful access to any computerized motor vehicle registration system, knowingly uses or discloses information obtained from such system for a purpose that is not authorized; or
|
| (c) |
knowing that he is not authorized to do so, receives information obtained from any computerized motor vehicle registration system and uses, discloses, publishes, or otherwise disseminates such information.
|
|
| (2) |
A person who commits an offence under subsection (1) shall be liable on conviction—
| (a) |
in the case of an individual, to imprisonment for a term not exceeding two years, or to a fine not exceeding four hundred thousand shillings, or to both; or
|
| (b) |
in the case of a body corporate, to a fine not exceeding one million shillings.
|
|
|
| 5E. |
Interference with computerized motor vehicle registration
system
A person commits an offence if the person knowingly—
| (a) |
falsifies any record or information stored in any computerized motor vehicle registration system;
|
| (b) |
damages or impairs any computerized motor vehicle registration system; or
|
| (c) |
damages or impairs any duplicate tape or disc or other medium on which any information obtained from a computerized motor vehicle registration system is held or stored, otherwise than with the permission of the Registrar,
|
and shall be liable on conviction to a fine not exceeding eight hundred thousand shillings, or to imprisonment for a term not exceeding three years, or to both.
|
| 6. |
Motor vehicles and trailers to be registered
| (1) |
No person shall possess a motor vehicle or trailer, other than a vehicle exempted from the provisions of this Part, unless such vehicle is registered under this Act.
|
| (2) |
Application for the registration of any vehicle shall be made to a licensing officer in the prescribed form, and shall be accompanied by the prescribed fee.
|
| (3) |
A licensing officer, before he registers any motor vehicle or trailer, may verify all the particulars in the form of application, and may, if he thinks fit, send the vehicle to an inspector for examination in order to satisfy himself that the vehicle is in a fit and proper condition for the purpose for which it is intended to be used and to conform in all respects to the provisions of this Act.
|
| (4) |
If any application is made to register any commercial vehicle or trailer, the load capacity of which has not been declared by the manufacturers of the chassis, a licensing officer shall not register the vehicle or trailer until an inspector has determined its load capacity; and the determination shall be final.
|
| (5) |
A licensing officer, on being satisfied as to the accuracy of the particulars contained in a form of application for the registration of a vehicle, shall assign the vehicle a registration number, which shall be the identification mark of the vehicle; particulars of the vehicle shall be forwarded by the licensing officer to the Registrar, who shall enter such particulars in his records and shall issue to the owner of the vehicle a registration book, which book, or a duplicate thereof, shall be proof of registration of the vehicle.
|
| (6) |
If a registration book has been lost, destroyed or defaced or the particulars thereon have become illegible, the owner of the vehicle shall apply in the prescribed form for a duplicate thereof, and the Registrar, if satisfied as to such loss, destruction, defacement or illegibility, shall, upon payment of the prescribed fee, issue a duplicate registration book:
Provided that any registration book which has been lost and is subsequently found shall forthwith be returned to the Registrar for cancellation.
|
| (7) |
In the event of any change of circumstance which affects the accuracy of the registered particulars of any vehicle, the owner of the vehicle shall inform the Registrar of such change and shall forward to him the registration book in order that it may be amended together with the prescribed fee, and shall supply the Registrar with any further information which he may require.
|
| (8) |
If the licensing officer has reason to believe that a motor vehicle or trailer in respect of which registration has been applied for is or may be of a type not previously registered under this Part, or is of a type so registered but constructed according to different specifications, he may refuse to register the vehicle or trailer until plans or specifications thereof have been submitted to and approved by the Registrar.
|
|
| 6. |
Motor vehicles and trailers to be registered
| (1) |
No person shall possess a motor vehicle or trailer, other than a vehicle exempted from the provisions of this Part, unless such vehicle is registered under this Act.
|
| (2) |
Application for the registration of any vehicle shall be made to a licensing officer in the prescribed form, and shall be accompanied by the prescribed fee.
|
| (3) |
A licensing officer, before he registers any motor vehicle or trailer, may verify all the particulars in the form of application, and may, if he thinks fit, send the vehicle to an inspector for examination in order to satisfy himself that the vehicle is in a fit and proper condition for the purpose for which it is intended to be used and to conform in all respects to the provisions of this Act.
|
| (4) |
If any application is made to register any commercial vehicle or trailer, the load capacity of which has not been declared by the manufacturers of the chassis, a licensing officer shall not register the vehicle or trailer until an inspector has determined its load capacity; and the determination shall be final.
|
| (5) |
A licensing officer, on being satisfied as to the accuracy of the particulars contained in a form of application for the registration of a vehicle, shall assign the vehicle a registration number, which shall be the identification mark of the vehicle; particulars of the vehicle shall be forwarded by the licensing officer to the Registrar, who shall enter such particulars in his records and shall issue to the owner of the vehicle a registration book, which book, or a duplicate thereof, shall be proof of registration of the vehicle.
|
| (6) |
If a registration book has been lost, destroyed or defaced or the particulars thereon have become illegible, the owner of the vehicle shall apply in the prescribed form for a duplicate thereof, and the Registrar, if satisfied as to such loss, destruction, defacement or illegibility, shall, upon payment of the prescribed fee, issue a duplicate registration book:
Provided that any registration book which has been lost and is subsequently found shall forthwith be returned to the Registrar for cancellation.
|
| (7) |
In the event of any change of circumstance which affects the accuracy of the registered particulars of any vehicle, the owner of the vehicle shall inform the Registrar of such change and shall forward to him the registration book in order that it may be amended together with the prescribed fee, and shall supply the Registrar with any further information which he may require.
|
| (8) |
If the licensing officer has reason to believe that a motor vehicle or trailer in respect of which registration has been applied for is or may be of a type not previously registered under this Part, or is of a type so registered but constructed according to different specifications, he may refuse to register the vehicle or trailer until plans or specifications thereof have been submitted to and approved by the Registrar.
|
| (9) |
If a vehicle is written off by an insurer, the insurer shall forthwith return the registration book and identification plates issued under this Act or the regulations to the Registrar for cancellation.
|
|
| 6. |
Motor vehicles and trailers to be registered
| (1) |
No person shall possess a motor vehicle or trailer, other than a vehicle exempted from the provisions of this Part, unless such vehicle is registered under this Act.
|
| (1A) |
No motor vehicle imported for home use shall be used on a road unless it is registered:
Provided that a commercial vehicle which requires inspection under this section shall be registered within fourteen days of inspection.
|
| (2) |
Application for the registration of any vehicle shall be made to a licensing officer in the prescribed form, and shall be accompanied by the prescribed fee.
|
| (3) |
A licensing officer, before he registers any motor vehicle or trailer, may verify all the particulars in the form of application, and may, if he thinks fit, send the vehicle to an inspector for examination in order to satisfy himself that the vehicle is in a fit and proper condition for the purpose for which it is intended to be used and to conform in all respects to the provisions of this Act.
|
| (4) |
If any application is made to register any commercial vehicle or trailer, the load capacity of which has not been declared by the manufacturers of the chassis, a licensing officer shall not register the vehicle or trailer until an inspector has determined its load capacity; and the determination shall be final.
|
| (5) |
A licensing officer, on being satisfied as to the accuracy of the particulars contained in a form of application for the registration of a vehicle, shall assign the vehicle a registration number, which shall be the identification mark of the vehicle; particulars of the vehicle shall be forwarded by the licensing officer to the Registrar, who shall enter such particulars in his records and shall issue to the owner of the vehicle a registration book, which book, or a duplicate thereof, shall be proof of registration of the vehicle.
|
| (6) |
If a registration book has been lost, destroyed or defaced or the particulars thereon have become illegible, the owner of the vehicle shall apply in the prescribed form for a duplicate thereof, and the Registrar, if satisfied as to such loss, destruction, defacement or illegibility, shall, upon payment of the prescribed fee, issue a duplicate registration book:
Provided that any registration book which has been lost and is subsequently found shall forthwith be returned to the Registrar for cancellation.
|
| (7) |
In the event of any change of circumstance which affects the accuracy of the registered particulars of any vehicle, the owner of the vehicle shall inform the Registrar of such change and shall forward to him the registration book in order that it may be amended together with the prescribed fee, and shall supply the Registrar with any further information which he may require.
|
| (8) |
If the licensing officer has reason to believe that a motor vehicle or trailer in respect of which registration has been applied for is or may be of a type not previously registered under this Part, or is of a type so registered but constructed according to different specifications, he may refuse to register the vehicle or trailer until plans or specifications thereof have been submitted to and approved by the Registrar.
|
| (9) |
If a vehicle is written off by an insurer, the insurer shall forthwith return the registration book and identification plates issued under this Act or the regulations to the Registrar for cancellation.
|
|
| 6. |
Motor vehicles and trailers to be registered
| (1) |
No person shall possess a motor vehicle or trailer, other than a vehicle exempted from the provisions of this Part, unless such vehicle is registered under this Act.
|
| (1A) |
No motor vehicle imported for home use shall be used on a road unless it is registered:
Provided that a commercial vehicle which requires inspection shall be inspected and registered within thirty days of release by the customs.
|
| (2) |
Application for the registration of any vehicle shall be made to a licensing officer in the prescribed form, and shall be accompanied by the prescribed fee.
|
| (3) |
A licensing officer, before he registers any motor vehicle or trailer, may verify all the particulars in the form of application, and may, if he thinks fit, send the vehicle to an inspector for examination in order to satisfy himself that the vehicle is in a fit and proper condition for the purpose for which it is intended to be used and to conform in all respects to the provisions of this Act.
|
| (4) |
If any application is made to register any commercial vehicle or trailer, the load capacity of which has not been declared by the manufacturers of the chassis, a licensing officer shall not register the vehicle or trailer until an inspector has determined its load capacity; and the determination shall be final.
|
| (5) |
A licensing officer, on being satisfied as to the accuracy of the particulars contained in a form of application for the registration of a vehicle, shall assign the vehicle a registration number, which shall be the identification mark of the vehicle; particulars of the vehicle shall be forwarded by the licensing officer to the Registrar, who shall enter such particulars in his records and shall issue to the owner of the vehicle a registration book, which book, or a duplicate thereof, shall be proof of registration of the vehicle.
|
| (6) |
If a registration book has been lost, destroyed or defaced or the particulars thereon have become illegible, the owner of the vehicle shall apply in the prescribed form for a duplicate thereof, and the Registrar, if satisfied as to such loss, destruction, defacement or illegibility, shall, upon payment of the prescribed fee, issue a duplicate registration book:
Provided that any registration book which has been lost and is subsequently found shall forthwith be returned to the Registrar for cancellation.
|
| (7) |
In the event of any change of circumstance which affects the accuracy of the registered particulars of any vehicle, the owner of the vehicle shall inform the Registrar of such change and shall forward to him the registration book in order that it may be amended together with the prescribed fee, and shall supply the Registrar with any further information which he may require.
|
| (8) |
If the licensing officer has reason to believe that a motor vehicle or trailer in respect of which registration has been applied for is or may be of a type not previously registered under this Part, or is of a type so registered but constructed according to different specifications, he may refuse to register the vehicle or trailer until plans or specifications thereof have been submitted to and approved by the Registrar.
|
| (9) |
If a vehicle is written off by an insurer, the insurer shall forthwith return the registration book and identification plates issued under this Act or the regulations to the Registrar for cancellation.
|
|
| 6. |
Motor vehicles and trailers to be registered
| (1) |
No person shall possess a motor vehicle or trailer, other than a vehicle exempted from the provisions of this Part, unless such vehicle is registered under this Act.
|
| (1A) |
No motor vehicle imported for home use shall be used on a road unless it is registered:
Provided that a commercial vehicle which requires inspection shall be inspected and registered within thirty days of release by the customs.
|
| (2) |
Application for the registration of any vehicle shall be made to a licensing officer in the prescribed form, and shall be accompanied by the prescribed fee.
|
| (3) |
A licensing officer, before he registers any motor vehicle or trailer, may verify all the particulars in the form of application, and may, if he thinks fit, send the vehicle to an inspector for examination in order to satisfy himself that the vehicle is in a fit and proper condition for the purpose for which it is intended to be used and to conform in all respects to the provisions of this Act.
|
| (4) |
If any application is made to register any commercial vehicle or trailer, the load capacity of which has not been declared by the manufacturers of the chassis, a licensing officer shall not register the vehicle or trailer until an inspector has determined its load capacity; and the determination shall be final.
|
| (5) |
A licensing officer, on being satisfied as to the accuracy of the particulars contained in a form of application for the registration of a vehicle, shall assign the vehicle a registration number, which shall be the identification mark of the vehicle; particulars of the vehicle shall be forwarded by the licensing officer to the Registrar, who shall enter such particulars in his records and shall issue to the owner of the vehicle a registration certificate, which certificate, or a duplicate thereof, shall be proof of registration of the vehicle.
|
| (5A) |
Where a vehicle ceases to be used on the road, the owner shall forthwith return the registration certificate issued under this Act to the Registrar of Motor Vehicles for cancellation.
|
| (6) |
If a registration certificate has been lost, destroyed or defaced or the particulars thereon have become illegible, the owner of the vehicle shall apply in the prescribed form for a duplicate thereof, and the Registrar, if satisfied as to such loss, destruction, defacement or illegibility, shall, upon payment of the prescribed fee, issue a duplicate registration certificate:
Provided that any registration certificate which has been lost and is subsequently found shall forthwith be returned to the Registrar for cancellation.
|
| (7) |
In the event of any change of circumstance which affects the accuracy of the registered particulars of any vehicle, the owner of the vehicle shall inform the Registrar of such change and shall forward to him the registration certificate in order that it may be amended together with the prescribed fee, and shall supply the Registrar with any further information which he may require.
|
| (8) |
If the licensing officer has reason to believe that a motor vehicle or trailer in respect of which registration has been applied for is or may be of a type not previously registered under this Part, or is of a type so registered but constructed according to different specifications, he may refuse to register the vehicle or trailer until plans or specifications thereof have been submitted to and approved by the Registrar.
|
| (9) |
If a vehicle is written off by an insurer, the insurer shall forthwith return the registration book and identification plates issued under this Act or the regulations to the Registrar for cancellation. [Act No. 52 of 1959, s. 4, Act No. 14 of 1982, s. 26, Act No. 9 of 2007, s. 42, Act No. 8 of 2008, s. 44, Act No. 8 of 2009, s. 38, Act No. 10 of 2010, s. 38.]
|
|
| 6. |
Motor vehicles and trailers to be registered
| (1) |
No person shall possess a motor vehicle or trailer, other than a vehicle exempted from the provisions of this Part, unless such vehicle is registered under this Act.
|
| (1A) |
No motor vehicle imported for home use shall be used on a road unless it is registered:
Provided that a commercial vehicle which requires inspection shall be inspected and registered within thirty days of release by the customs.
|
| (2) |
Application for the registration of any vehicle shall be made to a licensing officer in the prescribed form, and shall be accompanied by the prescribed fee.
|
| (3) |
A licensing officer, before he registers any motor vehicle or trailer, may verify all the particulars in the form of application, and may, if he thinks fit, send the vehicle to an inspector for examination in order to satisfy himself that the vehicle is in a fit and proper condition for the purpose for which it is intended to be used and to conform in all respects to the provisions of this Act.
|
| (4) |
If any application is made to register any commercial vehicle or trailer, the load capacity of which has not been declared by the manufacturers of the chassis, a licensing officer shall not register the vehicle or trailer until an inspector has determined its load capacity; and the determination shall be final.
|
| (5) |
A licensing officer, on being satisfied as to the accuracy of the particulars contained in a form of application for the registration of a vehicle, shall assign the vehicle a registration number, which shall be the identification mark of the vehicle; the licensing officer shall enter the particulars of the vehicle in records of the Authority and shall issue to the owner of the vehicle a registration certificate, which certificate, or a duplicate thereof, shall be proof of registration of the vehicle.
|
| (5A) |
Where a vehicle ceases to be used on the road, the owner shall forthwith return the registration certificate issued under this Act to the Registrar of Motor Vehicles for cancellation.
|
| (6) |
If a registration certificate has been lost, destroyed or defaced or the particulars thereon have become illegible, the owner of the vehicle shall apply in the prescribed form for a duplicate thereof, and the Authority, if satisfied as to such loss, destruction, defacement or illegibility, shall, upon payment of the prescribed fee, issue a duplicate registration certificate:
Provided that any registration certificate which has been lost and is subsequently found shall forthwith be returned to the Authority for cancellation.
|
| (7) |
In the event of any change of circumstance which affects the accuracy of the registered particulars of any vehicle, the owner of the vehicle shall inform the Authority of such change and shall forward to him the registration certificate in order that it may be amended together with the prescribed fee, and shall supply the Authority with any further information which he may require.
|
| (8) |
If the licensing officer has reason to believe that a motor vehicle or trailer in respect of which registration has been applied for is or may be of a type not previously registered under this Part, or is of a type so registered but constructed according to different specifications, he may refuse to register the vehicle or trailer until plans or specifications thereof have been submitted to and approved by the Authority.
|
| (9) |
If a vehicle is written off by an insurer, the insurer shall forthwith return the registration book and identification plates issued under this Act or the regulations to the Registrar for cancellation.
|
| (10) |
The Registrar may, where he has reasonable grounds to believe that a motor vehicle has been registered in error, fraudulently or in a manner contrary to the provisions of this Act, withdraw the registration of the motor vehicle.
|
| (11) |
Where the registration of a motor vehicle is withdrawn under subsection (10)—
| (a) |
the owner shall forthwith return the registration book and identification plates to the Registrar for cancellation; and
|
| (b) |
the Registrar may cause to be published in the Gazette or in a daily newspaper of national circulation all the details of the motor vehicle and forward the details to the Commissioner of Customs services or the Inspector-General of the Police who shall seize and detain the motor vehicle. [Act No. 52 of 1959, s. 4, Act No. 14 of 1982, s. 26, Act No. 9 of 2007, s. 42, Act No. 8 of 2008, s. 44, Act No. 8 of 2009, s. 38, Act No. 10 of 2010, s. 38, Act No. 33 of 2012, s. 62, Act No. 38 of 2012, s. 2.]
|
|
|
| 6A. |
Relocation of motor vehicles
| (1) |
Where the owner of a motor vehicle intends to move the motor vehicle permanently to a place outside Kenya, the owner shall forthwith, return the identification plates and registration certificate issued under this Act in respect of the motor vehicle to the Registrar for cancellation.
|
| (2) |
The Registrar shall, after cancelling the registration certificate returned under subsection (1), issue a deregistration certificate to the registered owner in such form as may be prescribed.
|
|
| 7. |
Inspection fee
The owner of a vehicle which is required under the provisions of this Part to be inspected shall, before the inspection is carried out, pay to a licensing officer the fee prescribed therefore. [Act No. 52 of 1959, s. 5.]
|
| 8. |
Owner of vehicle
The person in whose name a vehicle is registered shall, unless the contrary is proved, be deemed to be the owner of the vehicle.
|
| 9. |
Change of ownership
| (1) |
No motor vehicle or trailer the ownership of which has been transferred by the registered owner shall be used on a road for more than fourteen days after the date of such transfer unless the new owner is registered as the owner thereof.
|
| (2) |
Upon the transfer of ownership of a motor vehicle or trailer the registered owner thereof shall, within seven days from the date of such transfer, inform the Registrar on the prescribed form of the name and address of the new owner and deliver to the new owner the registration book in respect of such vehicle. The new owner shall, after inserting particulars of the change of ownership, forward the registration book with the prescribed fee to the Registrar, whereupon the vehicle shall be registered in the name of the new owner:
Provided that where in any case the registered owner of a vehicle has failed to comply with the provisions of this subsection the Registrar, on being satisfied that such registered owner has died or has left the Colony or cannot be traced or refuses to comply with the provisions of this subsection, may on payment of the prescribed fee cause the vehicle to be registered in the name of the new owner.
|
| (3) |
Subsections (1) and (2) shall not apply to a change of possession consequent on a contract of hiring where the period of hiring does not exceed three months or where the registered owner continues to employ and pay the driver of the vehicle.
|
| (4) |
Application for registration of a new owner may be made before the actual transfer of the vehicle, but the registration of a new owner shall not be effective until the registration book has been surrendered to and re-issued by the Registrar.
|
| (5) |
Subsections (1), (2) and (4) shall not apply to any change of possession of a vehicle which occurs by reason of the vehicle being lawfully seized under a hire-purchase agreement, but in such event the following provisions shall apply—
| (a) |
the registered owner or his representative shall, within fourteen days of the seizure, deliver the registration book to the person who has seized the vehicle, and inform the Registrar in writing of the change of possession;
|
| (b) |
such person shall, within fourteen days of receiving the registration book, apply to the Registrar to be registered as the owner thereof in place of the registered owner, and shall on payment of the prescribed fee be registered accordingly.
|
|
| (6) |
On the registration of a new owner, the Registrar shall make the necessary alterations to the registration book, and shall deliver the amended registration book to the new registered owner; and the Registrar, if he thinks fit, may issue a new registration book.
|
|
| 9. |
Change of ownership
| (1) |
No motor vehicle or trailer the ownership of which has been transferred by the registered owner shall be used on a road for more than fourteen days after the date of such transfer unless the new owner is registered as the owner thereof.
|
| (3) |
Subsection (1) shall not apply to a change of possession consequent on a contract of hiring where the period of hiring does not exceed three months or where the registered owner continues to employ and pay the driver of the vehicle.
|
| (4) |
Application for registration of a new owner may be made before the actual transfer of the vehicle, but the registration of a new owner shall not be effective until the registration book has been surrendered to and re-issued by the Registrar.
|
| (5) |
Subsections (1) and (4) shall not apply to any change of possession of a vehicle which occurs by reason of the vehicle being lawfully seized under a hire-purchase agreement, but in such event the following provisions shall apply—
| (a) |
the registered owner or his representative shall, within fourteen days of the seizure, deliver the registration book to the person who has seized the vehicle, and inform the Registrar in writing of the change of possession;
|
| (b) |
such person shall, within fourteen days of receiving the registration book, apply to the Registrar to be registered as the owner thereof in place of the registered owner, and shall on payment of the prescribed fee be registered accordingly.
|
|
| (6) |
On the registration of a new owner, the Registrar shall make the necessary alterations to the registration book, and shall deliver the amended registration book to the new registered owner; and the Registrar, if he thinks fit, may issue a new registration book.
|
|
| 9. |
Change of ownership
| (1) |
No motor vehicle or trailer the ownership of which has been transferred by the registered owner shall be used on a road for more than fourteen days after the date of such transfer unless the new owner is registered as the owner thereof.
|
| (3) |
Subsection (1) shall not apply to a change of possession consequent on a contract of hiring where the period of hiring does not exceed three months or where the registered owner continues to employ and pay the driver of the vehicle.
|
| (4) |
Application for registration of a new owner may be made before the actual transfer of the vehicle, but the registration of a new owner shall not be effective until the registration certificate has been surrendered to and re-issued by the Registrar.
|
| (5) |
Subsections (1) and (4) shall not apply to any change of possession of a vehicle which occurs by reason of the vehicle being lawfully seized under a hire-purchase agreement, but in such event the following provisions shall apply—
| (a) |
the registered owner or his representative shall, within fourteen days of the seizure, deliver the registration certificate to the person who has seized the vehicle, and inform the Registrar in writing of the change of possession;
|
| (b) |
such person shall, within fourteen days of receiving the registration certificate, apply to the Registrar to be registered as the owner thereof in place of the registered owner, and shall on payment of the prescribed fee be registered accordingly.
|
|
| (6) |
On the registration of a new owner, the Registrar shall make the necessary alterations to the registration certificate, and shall deliver the amended registration certificate to the new registered owner; and the Registrar, if he thinks fit, may issue a new registration certificate.
|
|
| 9. |
Change of ownership
| (1) |
No motor vehicle or trailer the ownership of which has been transferred by the registered owner shall be used on a road for more than fourteen days after the date of such transfer unless the new owner is registered as the owner thereof.
|
| (2) |
Upon the transfer of ownership of a motor vehicle or trailer, the registered owner thereof shall, within seven days from the date of the transfer, inform the Registrar in the prescribed form of the name, postal and email addresses and telephone number of the new owner and shall deliver the registration certificate in respect of such vehicle to the new owner, who shall forward the registration certificate together with the prescribed fee to the Registrar, whereupon the vehicle shall be registered in the name of the new owner:
Provided that, where in any case the registered owner of a motor vehicle fails to comply with the provisions of this subsection, the Registrar may, on being satisfied that the registered owner has died, left Kenya, cannot be traced, or has refused to comply with the provisions of this subsection, cause the vehicle to be registered in the name of the new owner on payment of the prescribed fee.
|
| (3) |
Subsections (1) and (2) shall not apply to a change of possession consequent on a contract of hiring where the period of hiring does not exceed three months or where the registered owner continues to employ and pay the driver of the vehicle.
|
| (4) |
Application for registration of a new owner may be made before the actual transfer of the vehicle, but the registration of a new owner shall not be effective until the registration certificate has been surrendered to and re-issued by the Registrar.
|
| (5) |
Subsections (1), (2) and (4) shall not apply to any change of possession of a vehicle which occurs by reason of the vehicle being lawfully seized under a hire-purchase agreement, but in such event the following provisions shall apply—
| (a) |
the registered owner or his representative shall, within fourteen days of the seizure, deliver the registration certificate to the person who has seized the vehicle, and inform the Registrar in writing of the change of possession;
|
| (b) |
such person shall, within fourteen days of receiving the registration certificate, apply to the Registrar to be registered as the owner thereof in place of the registered owner, and shall on payment of the prescribed fee be registered accordingly.
|
|
| (6) |
On the registration of a new owner, the Registrar shall make the necessary alterations to the registration certificate, and shall deliver the amended registration certificate to the new registered owner; and the Registrar, if he thinks fit, may issue a new registration certificate.
|
|
| 9. |
Change of ownership
| (1) |
No motor vehicle or trailer the ownership of which has been transferred by the registered owner shall be used on a road for more than fourteen days after the date of such transfer unless the new owner is registered as the owner thereof.
|
| (2) |
Upon the transfer of ownership of a motor vehicle or trailer, the registered owner thereof shall, within seven days from the date of the transfer, inform the Registrar in the prescribed form of the sale or disposition, name, postal and email addresses and telephone number of the new owner, the mileage recorded on the mileage recorder (if any), of the motor vehicle, and such other particulars as may be prescribed, and shall deliver the registration book in respect of such vehicle to the Registrar together with the transfer fee, whereupon the vehicle shall be registered in the name of the new owner:
Provided that, where in any case the registered owner of a motor vehicle fails to comply with the provisions of this subsection, the Authority may, on being satisfied that the registered owner has died, left Kenya, cannot be traced, or has refused to comply with the provisions of this subsection, cause the vehicle to be registered in the name of the new owner on payment of the prescribed fee.
|
| (3) |
Subsections (1) and (2) shall not apply to a change of possession consequent on a contract of hiring where the period of hiring does not exceed three months or where the registered owner continues to employ and pay the driver of the vehicle.
|
| (4) |
Application for registration of a new owner may be made before the actual transfer of the vehicle, but the registration of a new owner shall not be effective until the registration certificate has been surrendered to and re-issued by the Authority.
|
| (5) |
Subsections (1), (2) and (4) shall not apply to any change of possession of a vehicle which occurs by reason of the vehicle being lawfully seized under a hire-purchase agreement, but in such event the following provisions shall apply—
| (a) |
the registered owner or his representative shall, within fourteen days of the seizure, deliver the registration certificate to the person who has seized the vehicle, and inform the Authority in writing of the change of possession;
|
| (b) |
such person shall, within fourteen days of receiving the registration certificate, apply to the Authority to be registered as the owner thereof in place of the registered owner, and shall on payment of the prescribed fee be registered accordingly.
|
|
| (6) |
On the registration of a new owner, the Authority shall make the necessary alterations to the registration book, and shall deliver the amended registration book to the new registered owner and may, if it considers it fit, issue a new registration book.
|
|
| 10. |
No registration of motor vehicles exported or imported unlawfully
Notwithstanding the provisions of this Act, a licensing officer shall not register a motor vehicle unless the owner of the vehicle satisfies him—
| (a) |
that the vehicle has been lawfully exported from its country of origin or the country in which it was last registered, and that such owner is in possession of any export permit in relation to the export of the vehicle required by the law of the country of origin or of last registration; and
|
| (b) |
that the vehicle has been lawfully imported into Kenya.
|
|
| 11. |
Vehicles may be exempted from registration
The Minister may, by notice in the Gazette, exempt any vehicle, class or description of vehicle from the provisions of this Part.
|
| 12. |
Vehicles to carry identification plates
| (1) |
No motor vehicle or trailer registered under this Act or driven under the authority of a general dealer’s licence shall be used on a road unless there is fixed thereto in the prescribed manner the prescribed number of identification plates of the prescribed design and colour on which is inscribed the identification mark of the vehicle or of the general dealer’s licence:
Provided that identification plates used under the authority of a general dealer’s license may be suspended from the vehicle and not fixed.
|
|
| 12. |
Vehicles to carry identification plates
| (1) |
No motor vehicle or trailer registered under this Act or driven under the authority of a general dealer’s licence shall be used on a road unless there is fixed thereto in the prescribed manner the prescribed number of identification plates of the prescribed design and colour on which is inscribed the identification mark of the vehicle or of the general dealer’s licence:
Provided that identification plates used under the authority of a general dealer’s license may be suspended from the vehicle and not fixed.
|
| (1A) |
Where a motor vehicle ceases to be used on the road, the owner shall forthwith surrender the identification plates to the Registrar of Motor Vehicles for cancellation.
|
|
| 12. |
Vehicles to carry identification plates
| (1) |
No motor vehicle or trailer registered under this Act or driven under the authority of a general dealer’s licence shall be used on a road unless there is fixed thereto in the prescribed manner the prescribed number of identification plates of the prescribed design and colour on which is inscribed the identification mark of the vehicle or of the general dealer’s licence:
Provided that identification plates used under the authority of a general dealer’s license may be suspended from the vehicle and not fixed.
|
| (1A) |
Where a motor vehicle ceases to be used on the road, the owner shall forthwith surrender the identification plates to the Registrar of Motor Vehicles for cancellation.
|
| (2) |
Notwithstanding subsection (1), the prescription of the design, colour and identification plate under this section shall make provision for a person to be issued with personalized identification plates bearing his name, initials or such other features as may be prescribed upon payment of a prescribed fee in addition to the fee payable for registration.
|
|
| 12. |
Vehicles to carry identification plates
| (1) |
No motor vehicle or trailer registered under this Act or driven under the authority of a general dealer’s licence shall be used on a road unless there is fixed thereto in the prescribed manner the prescribed number of identification plates of the prescribed design and colour on which is inscribed the identification mark of the vehicle or of the general dealer’s licence:
Provided that identification plates used under the authority of a general dealer’s license may be suspended from the vehicle and not fixed.
|
| (1A) |
Where a motor vehicle ceases to be used on the road, the owner shall forthwith surrender the identification plates to the Registrar of Motor Vehicles for cancellation.
|
| (2) |
A person who contravenes or fails to comply with the provisions of this section commits an offence and is liable on conviction to a fine not exceeding three hundred thousand shillings or imprisonment for a term not exceeding twelve months or both.
|
|
| 13. |
Production of registration book
The owner of a vehicle shall, when requested by a police officer, produce for inspection, either immediately to the police officer or within five days of the request being made, at a police station nominated by the owner, the registration book issued in respect of the vehicle.
|
| 13. |
Production of registration book
The owner of a vehicle shall, when requested by a police officer, produce for inspection, either immediately to the police officer or within five days of the request being made, at a police station nominated by the owner, the registration certificate issued in respect of the vehicle.
|
| 14. |
Penalties under this Part
Any person who contravenes or fails to comply with any of the provisions of this Part shall be guilty of an offence and liable on first conviction to a fine not exceeding one thousand shillings or to imprisonment for a term not exceeding three months, and on each subsequent conviction to a fine not exceeding two thousand shillings or to imprisonment for a term not exceeding six months or to both.
|
| 14. |
Penalties under this Part
Any person who contravenes or fails to comply with any of the provisions of this Part shall be guilty of an offence and liable on first conviction to a fine not exceeding ten thousand shillings or to imprisonment for a term not exceeding three months, and on each subsequent conviction to a fine not exceeding twenty thousand shillings or to imprisonment for a term not exceeding six months or to both.
|
PART III – LICENSING OF VEHICLES
| 15. |
Motor vehicles and trailers to be licensed
| (1) |
No person shall own or possess a motor vehicle or trailer, or use it on a road, unless such vehicle or trailer is licensed under and in accordance with this Part.
|
| (2) |
Where the owner or person in possession of a motor vehicle or trailer gives written notice to the Registrar that for a stated period he does not intend that it shall be used on any road, or where he satisfies the Registrar that for a stated period such vehicle or trailer was not used on any road, he shall not, after the receipt of such notice by the Registrar or, as the case may be, after the Registrar is so satisfied, be liable to conviction under or by virtue of this section by reason only of his ownership or possession of the vehicle or trailer during the stated period.
|
| (3) |
The Minister may by notice in the Gazette exclude any vehicle, or any class or description of vehicle, from the operation of all or any of the provisions of this Part.
|
|
| 15. |
Motor vehicles and trailers to be licensed
| (1) |
No person shall own or possess a motor vehicle or trailer, or use it on a road, unless such vehicle or trailer is licensed under and in accordance with this Part.
|
| (2) |
Where the owner or person in possession of a motor vehicle or trailer gives written notice to the Authority that for a stated period he does not intend that it shall be used on any road, or where he satisfies the Authority that for a stated period such vehicle or trailer was not used on any road, he shall not, after the receipt of such notice by the Authority or, as the case may be, after the Authority is so satisfied, be liable to conviction under or by virtue of this section by reason only of his ownership or possession of the vehicle or trailer during the stated period.
|
| (3) |
The Minister may by notice in the Gazette exclude any vehicle, or any class or description of vehicle, from the operation of all or any of the provisions of this Part.
|
|
| 16. |
Application for licence
Applications for licences under this Part shall be made to a licensing officer in the prescribed form accompanied by the fee payable and the vehicle registration book.
|
| 16. |
Application for licence
| (1) |
An application for a license under this Part shall be made to a licensing officer in the prescribed form accompanied by the fee payable and the vehicle registration book.
|
| (2) |
Every vehicle more than four years old from the recorded date of manufacture shall be subjected to inspection by the motor vehicle inspection unit.
|
|
| 17. |
Conditions for issue of licence
| (1) |
A licensing officer shall issue a licence only if he is satisfied—
| (a) |
that the vehicle is duly registered; and
|
| (b) |
that the particulars in the registration book are correct; and
|
| (c) |
that the vehicle is insured against third party risks in accordance with the provisions of the Insurance (Motor Vehicles Third Party Risks) Act (Cap. 405); and
|
|
| (2) |
Before issuing a licence in respect of any motor vehicle or trailer of a class prescribed for the purposes of this subsection, a licensing officer shall require the applicant to produce an inspection report showing that the vehicle or trailer has been examined by an inspector during the months immediately preceding the commencement of the licence and that the vehicle or trailer complies with the provisions of this Act and of any rules made thereunder:
Provided that no such inspection report shall be required in the case of a vehicle which is intended to be used as an omnibus and in respect of which a certificate of fitness issued under paragraph (g) of subsection (3) of section 96, and dated not earlier than ten months before the commencement of the licence, is produced.
|
| (3) |
Where under this section the owner of any vehicle or trailer is required to have it examined by an inspector, he shall make application in the prescribed form, paying such fee as may be prescribed, and thereupon an inspector shall examine the vehicle or trailer and shall issue an inspection report in the prescribed form.
|
|
| 17A. |
Vehicle inspection certificates
| (1) |
| (a) |
an inspector issues an inspection report for the purposes of section 17(2) showing that a motor vehicle or trailer complies with the provisions of this Act and of any rules made thereunder; or
|
| (b) |
a certifying officer issues a certificate of fitness in respect of a public service vehicle under section 96(3)(g),
|
the inspector or the certifying officer, as the case may be, shall affix to the vehicle or trailer in the prescribed manner an inspection certificate in the prescribed form.
|
| (2) |
The inspection certificate shall relate to and bear the same number as the inspection report or certificate of fitness, as the case may be.
|
| (3) |
No motor vehicle or trailer of a class prescribed for the purposes of section 17(2) shall be used on a road unless an inspection certificate which is—
| (a) |
valid and in force at the time; and
|
| (b) |
legible and in no way defaced or mutilated,
|
is affixed to the vehicle or trailer.
|
|
| 18. |
Form of licences
Every vehicle licence shall be in the prescribed form.
|
| 19. |
Fees and duration of licences
| (1) |
Vehicle licences; other than a dealer’s general licence, may be issued for such periods and upon payment of such fees as may be prescribed:
Provided that, where a period is so prescribed, a licence issued before the period is prescribed shall not be invalid solely by reason that the period for which it was issued is different from that prescribed.
|
| (2) |
The holder of a vehicle licence, other than a dealer’s general licence, shall, on surrendering it for cancellation to the Registrar, be entitled to such refund as may be prescribed:
Provided that, where the refund as calculated includes part of a shilling, the refund shall exclude such part of a shilling.
|
|
| 19. |
Fees and duration of licences
| (1) |
Vehicle licences; other than a dealer’s general licence, may be issued for such periods and upon payment of such fees as may be prescribed:
Provided that, where a period is so prescribed, a licence issued before the period is prescribed shall not be invalid solely by reason that the period for which it was issued is different from that prescribed.
|
| (1A) |
Any outstanding amount shall attract two percent interest per month or part thereof, but the interest shall not exceed the maximum amount of fee owed on the licence.
|
| (2) |
The holder of a vehicle licence, other than a dealer’s general licence, shall, on surrendering it for cancellation to the Authority, be entitled to such refund as may be prescribed:
Provided that, where the refund as calculated includes part of a shilling, the refund shall exclude such part of a shilling.
|
|
| 20. |
Licence to be carried on vehicle
No vehicle which is required to be licensed shall be used on a road unless the licence, which shall be legible and in no way defaced, is carried on the vehicle in the prescribed manner.
|
| 20A. |
Vehicle licence certificate to be carried on vehicle
| (1) |
Every vehicle licensed under this Act shall, in addition to carrying the licence as required by section 20 of this Act, carry in the prescribed manner a vehicle licence certificate issued by the Registrar.
|
| (2) |
The vehicle licence certificate shall be in the prescribed form.
|
| (3) |
The vehicle licence certificate shall relate to a vehicle licence and shall bear the same number as the licence to which it relates.
|
| (4) |
The owner of any vehicle which does not comply with this section shall be guilty of an offence.
|
|
| 21. |
Duplicate licences
If a vehicle licence or vehicle licence certificate is lost, defaced, mutilated or rendered illegible, the Registrar shall issue a duplicate licence or vehicle licence certificate on payment of the prescribed fee:
Provided that any licence or vehicle licence certificate which has been lost and is subsequently found shall forthwith be returned to the Registrar for cancellation.
|
| 21. |
Duplicate licences
If a vehicle licence or vehicle licence certificate is lost, defaced, mutilated or rendered illegible, the Authority shall issue a duplicate licence or vehicle licence certificate on payment of the prescribed fee:
Provided that any licence or vehicle licence certificate which has been lost and is subsequently found shall forthwith be returned to the Authority for cancellation.
|
| 22. |
New licence to be applied for in certain circumstances
| (1) |
The holder of a vehicle licence shall apply for a new licence—
| (a) |
where he desires to use the vehicle for any purpose not authorized by the licence; and
|
| (b) |
where the vehicle is so altered that a higher duty or a duty of a different class is required.
|
|
| (2) |
A new licence under this section shall not be issued until the old licence has been surrendered, and in respect of every such new licence there shall be deducted from the fee payable therefore a rebate calculated in like manner as is provided in subsection (2) of section 19.
|
|
| 23. |
Dealer’s general licence
| (1) |
The Registrar may issue to a dealer in, or manufacturer or repairer of, motor vehicles, upon application in the prescribed form and upon payment of the prescribed fees, such number of dealer’s general licences as the applicant may require, and with each such licence shall issue two identification plates.
|
| (2) |
Subject to sections 24, 25, 26 and 27 and to any other conditions which may from time to time be prescribed, the holder of a dealer’s general licence shall use the licence only in respect of vehicles in his possession; and shall not use more than one such vehicle under the authority of one licence at any one time.
|
|
| 23. |
Dealer’s general licence
| (1) |
The Authority may issue to a dealer in, or manufacturer or repairer of, motor vehicles, upon application in the prescribed form and upon payment of the prescribed fees, such number of dealer’s general licences as the applicant may require, and with each such licence shall issue two identification plates.
|
| (2) |
Subject to sections 24, 25, 26 and 27 and to any other conditions which may from time to time be prescribed, the holder of a dealer’s general licence shall use the licence only in respect of vehicles in his possession; and shall not use more than one such vehicle under the authority of one licence at any one time.
|
|
| 24. |
Use of dealer’s general licence
| (1) |
No vehicle shall be used on any road under the authority of a dealer’s general licence—
| (a) |
to convey passengers or goods for profit or reward;
|
| (b) |
to carry or convey any goods whatsoever except such load as may be necessary for the purpose of testing the motor vehicle or trailer, and no such load, and no part thereof, shall be removed from the motor vehicle or trailer at any time between the departure from and the return to the loading place of the motor vehicle or trailer, save in the case of an accident; or
|
| (c) |
except with the permission in writing of the Registrar, for any purpose other than—
| (i) |
for proceeding to or returning from any inspection, examination or test as provided for by this Act; |
| (ii) |
for proceeding from the premises of a dealer to a railway station or wharf for entraining or shipment, or from a train or ship to such premises; or |
| (iii) |
for test or trial during or after completion, construction, assembly or repair; or |
| (iv) |
for test or trial by or on behalf of an intending purchaser, or for proceeding to or from the place where the purchaser intends to keep it; or |
| (v) |
for proceeding to or from a public weighbridge for the purpose of its weight being ascertained or to or from a place for registration; |
| (vi) |
for exportation to any territory in East Africa, the Sudan or Zaire; |
| (vii) |
for proceeding from the premises of a dealer to the premises of a purchaser or of another dealer or manufacturer; |
| (viii) |
for towing a motor vehicle which while being driven upon a road has become unable to proceed under its own power from the place where it has broken down to a place for repair or storage; |
| (ix) |
for proceeding to or returning from a workshop in which a body is to be or has been fitted to the motor vehicle or where the motor vehicle is to be or has been painted or repaired; or |
| (x) |
for proceeding to or returning from an exhibition of motor vehicles. |
|
|
| (2) |
In any proceedings under this section, the burden of proving the fact of an accident for the purposes of paragraph (b) of subsection (1) shall lie on the person charged.
|
| (3) |
No vehicle shall be used on any road under the authority of a dealer’s general licence unless the holder of the licence, or a person duly authorized by him, accompanies the vehicle.
|
| (4) |
Not more than two persons, in addition to the driver, shall be carried within or upon any such vehicle, and such persons shall be limited to a prospective purchaser and his agent or a member of his family or, in the case of a vehicle proceeding to or from an accident, two mechanics.
|
| (5) |
Upon the issue of a dealer’s general licence, the Registrar shall also supply to the person to whom such licence is issued a book in a form approved by the Registrar, in which the holder of such licence shall on each occasion and before such licence is used complete in duplicate the entries for which provision is therein made; one copy of such entries shall remain in the book, and the other copy shall be carried with the vehicle during the whole of the journey to which such entries relate, and shall be produced at any time during such journey by the driver for inspection upon demand made by any police officer, licensing officer or inspector.
|
| (6) |
Every such book shall be produced at all reasonable times for inspection by any police officer, licensing officer or inspector, and shall be kept available for inspection at the place specified in the declaration made on application for the general dealer’s licence as the place at which the book will be kept.
|
| (7) |
No person shall deface or mutilate any such book, or make any entry therein which is to his knowledge false or misleading, or alter or obliterate any entry made therein, or except as provided by this Act, make any entry therein or addition thereto, or after its removal from such book make, alter or obliterate any entry in any copy to be carried on the vehicle. [Act No. 52 of 1959, s. 7.]
|
|
| 24. |
Use of dealer’s general licence
| (1) |
No vehicle shall be used on any road under the authority of a dealer’s general licence—
| (a) |
to convey passengers or goods for profit or reward;
|
| (b) |
to carry or convey any goods whatsoever except such load as may be necessary for the purpose of testing the motor vehicle or trailer, and no such load, and no part thereof, shall be removed from the motor vehicle or trailer at any time between the departure from and the return to the loading place of the motor vehicle or trailer, save in the case of an accident; or
|
| (c) |
except with the permission in writing of the Authority, for any purpose other than—
| (i) |
for proceeding to or returning from any inspection, examination or test as provided for by this Act; |
| (ii) |
for proceeding from the premises of a dealer to a railway station or wharf for entraining or shipment, or from a train or ship to such premises; or |
| (iii) |
for test or trial during or after completion, construction, assembly or repair; or |
| (iv) |
for test or trial by or on behalf of an intending purchaser, or for proceeding to or from the place where the purchaser intends to keep it; or |
| (v) |
for proceeding to or from a public weighbridge for the purpose of its weight being ascertained or to or from a place for registration; |
| (vi) |
for exportation to any territory in East Africa, the Sudan or Zaire; |
| (vii) |
for proceeding from the premises of a dealer to the premises of a purchaser or of another dealer or manufacturer; |
| (viii) |
for towing a motor vehicle which while being driven upon a road has become unable to proceed under its own power from the place where it has broken down to a place for repair or storage; |
| (ix) |
for proceeding to or returning from a workshop in which a body is to be or has been fitted to the motor vehicle or where the motor vehicle is to be or has been painted or repaired; or |
| (x) |
for proceeding to or returning from an exhibition of motor vehicles. |
|
|
| (2) |
In any proceedings under this section, the burden of proving the fact of an accident for the purposes of paragraph (b) of subsection (1) shall lie on the person charged.
|
| (3) |
No vehicle shall be used on any road under the authority of a dealer’s general licence unless the holder of the licence, or a person duly authorized by him, accompanies the vehicle.
|
| (4) |
Not more than two persons, in addition to the driver, shall be carried within or upon any such vehicle, and such persons shall be limited to a prospective purchaser and his agent or a member of his family or, in the case of a vehicle proceeding to or from an accident, two mechanics.
|
| (5) |
Upon the issue of a dealer’s general licence, the Authority shall also supply to the person to whom such licence is issued a book in a form approved by the Authority, in which the holder of such licence shall on each occasion and before such licence is used complete in duplicate the entries for which provision is therein made; one copy of such entries shall remain in the book, and the other copy shall be carried with the vehicle during the whole of the journey to which such entries relate, and shall be produced at any time during such journey by the driver for inspection upon demand made by any police officer, licensing officer or inspector.
|
| (6) |
Every such book shall be produced at all reasonable times for inspection by any police officer, licensing officer or inspector, and shall be kept available for inspection at the place specified in the declaration made on application for the general dealer’s licence as the place at which the book will be kept.
|
| (7) |
No person shall deface or mutilate any such book, or make any entry therein which is to his knowledge false or misleading, or alter or obliterate any entry madetherein, or except as provided by this Act, make any entry therein or addition thereto, or after its removal from such book make, alter or obliterate any entry in any copy to be carried on the vehicle.
|
|
| 25. |
Duration of dealer’s general licence
| (1) |
A dealer’s general licence shall continue in force until the 31st December next following the date of issue.
|
| (2) |
Every dealer’s general licence shall cease to be valid if the dealer ceases to carry on business in the district for which it is issued.
|
| (3) |
When a dealer’s general licence expires or is cancelled or otherwise ceases to be valid under this Act, the holder of the licence shall deliver to the Registrar the identification plates which were issued to the holder with the licence:
Provided that upon the expiry of the licence the holder may retain the identification plates issued with the licence if he applies for and is issued with a new licence in respect of the same identification plates and the new licence would during the period of its validity authorize the use of such identification plates in the same manner as the expired licence.
|
|
| 25. |
Duration of dealer’s general licence
| (1) |
A dealer’s general licence shall continue in force until the 31st December next following the date of issue.
|
| (2) |
Every dealer’s general licence shall cease to be valid if the dealer ceases to carry on business in the district for which it is issued.
|
| (3) |
When a dealer’s general licence expires or is cancelled or otherwise ceases to be valid under this Act, the holder of the licence shall deliver to the Authority the identification plates which were issued to the holder with the licence:
Provided that upon the expiry of the licence the holder may retain the identification plates issued with the licence if he applies for and is issued with a new licence in respect of the same identification plates and the new licence would during the period of its validity authorize the use of such identification plates in the same manner as the expired licence.
|
|
| 26. |
Cancellation of dealer’s general licence
| (1) |
The Registrar may at any time cancel a dealer’s general licence for a breach of any of the provisions of this Act or of any regulations made thereunder which relate to dealer’s general licences.
|
| (2) |
The Registrar shall give notice of the cancellation to the person to whom the licence was issued, and may make to such person a refund calculated in like manner as is provided in subsection (2) of section 19.
|
| (3) |
Any person holding a dealer’s general licence who is aggrieved by the decision of the Registrar under this section may, within one month from the date of the service on him of notice of cancellation, appeal to a subordinate court of the first class.
|
|
| 26. |
Cancellation of dealer’s general licence
| (1) |
The Authority may at any time cancel a dealer’s general licence for a breach of any of the provisions of this Act or of any regulations made thereunder which relate to dealer’s general licences.
|
| (2) |
The Authority shall give notice of the cancellation to the person to whom the licence was issued, and may make to such person a refund calculated in like manner as is provided in subsection (2) of section 19.
|
| (3) |
Any person holding a dealer’s general licence who is aggrieved by the decision of the Authority under this section may, within one month from the date of the service on him of notice of cancellation, appeal to a subordinate court of the first class.
|
|
| 27. |
Dealer’s general licence not to be transferred without authority
A dealer’s general licence shall not be used for any purpose other than a purpose provided for in this Act, and shall not be transferred or assigned to any other person without the authority of the Registrar.
|
| 27. |
Dealer’s general licence not to be transferred without authority
A dealer’s general licence shall not be used for any purpose other than a purpose provided for in this Act, and shall not be transferred or assigned to any other person without the authority of the Authority.
|
| 28. |
Recovery of licence fees by civil process
Where under this Part a licence is required and has not been obtained, a sum equal to the prescribed fee payable in respect of such licence shall be due and owing to the Controller of Inland Revenue by the person failing to obtain the licence, and shall be a civil debt recoverable summarily at the instance of the Controller of Inland Revenue. [Act No. 14 of 1958, s. 3.]
|
| 28. |
Recovery of licence fees by civil process
Where under this Part a licence is required and has not been obtained, a sum equal to the prescribed fee payable in respect of such licence shall be due and owing to the Registrar by the person failing to obtain the licence, and shall be a civil debt recoverable summarily at the instance of the Registrar.
|
| 29. |
Penalties under this Part
| (1) |
Any person who contravenes or fails to comply with any of the provisions of this Part shall be guilty of an offence and liable on first conviction to a fine not exceeding one thousand shillings or to imprisonment for a term not exceeding three months, and on each subsequent conviction to a fine not exceeding two thousand shillings or to imprisonment for a period not exceeding six months or to both.
|
| (2) |
If any person is convicted of an offence under this section in a case where a licence fee under this Part is payable and has not been paid, the court may, whether or not any other penalty is imposed, impose a fine (which shall be disposed of in the same manner as the fee payable on the licence) of an amount equivalent to the fee unpaid, and the payment of such fine shall operate in satisfaction of any civil debt due under section 28.
|
|
| 29. |
Penalties under this Part
| (1) |
Any person who contravenes or fails to comply with any of the provisions of this Part shall be guilty of an offence and liable on first conviction to a fine not exceeding ten thousand shillings or to imprisonment for a term not exceeding three months, and on each subsequent conviction to a fine not exceeding twentythousand shillings or to imprisonment for a period not exceeding six months or to both.
|
| (2) |
If any person is convicted of an offence under this section in a case where a licence fee under this Part is payable and has not been paid, the court may, whether or not any other penalty is imposed, impose a fine (which shall be disposed of in the same manner as the fee payable on the licence) of an amount equivalent to the fee unpaid, and the payment of such fine shall operate in satisfaction of any civil debt due under section 28.
|
|
PART IV – DRIVING LICENCES
| 30. |
Drivers to be licensed
| (1) |
No person shall drive a motor vehicle of any class on a road unless he is the holder of a valid driving licence or a provisional licence endorsed in respect of that class of vehicle.
|
| (2) |
No person who owns or who has charge of a motor vehicle of any class shall cause or permit any person to drive such motor vehicle unless such person is the holder of a valid driving licence or a valid provisional licence endorsed in respect of that class of motor vehicle.
|
| (3) |
No person shall be entitled to more than one driving licence, but a driving licence may be endorsed to permit the holder to drive one or more classes of motor vehicle.
|
| (4) |
Driving licences shall be issued, and upon expiry renewed on production, by a licensing officer upon payment of the prescribed fee, and a driving licence so issued or renewed may be expressed to be valid for a period of twelve months or of three years, from the date of issue or renewal, at the option of the holder thereof.
|
| (5) |
In the event of any change of circumstances which affects the accuracy of any particulars declared under paragraph (b) of subsection (1) of section 31, or which would operate to prevent the grant of a driving licence under that section, the holder of the driving licence shall forthwith inform the Registrar of the change.
|
| (6) |
Any person who contravenes or fails to comply with this section shall be guilty of an offence and liable—
| (a) |
on first conviction to a fine not exceeding two thousand shillings or to imprisonment for a term not exceeding three months; and
|
| (b) |
on each subsequent conviction to a fine not exceeding five thousand shillings or to imprisonment for a term not exceeding six months or to both such fine and imprisonment.
|
|
|
| 30. |
Drivers to be licensed
| (1) |
No person shall drive a motor vehicle of any class on a road unless he is the holder of a valid driving licence or a provisional licence endorsed in respect of that class of vehicle.
|
| (2) |
No person who owns or who has charge of a motor vehicle of any class shall cause or permit any person to drive such motor vehicle unless such person is the holder of a valid driving licence or a valid provisional licence endorsed in respect of that class of motor vehicle.
|
| (3) |
No person shall be entitled to more than one driving licence, but a driving licence may be endorsed to permit the holder to drive one or more classes of motor vehicle.
|
| (4) |
Driving licences shall be issued, and upon expiry renewed on production, by a licensing officer upon payment of the prescribed fee, and a driving licence so issued or renewed may be expressed to be valid for a period of three years, from the date of issue or renewal.
|
| (5) |
In the event of any change of circumstances which affects the accuracy of any particulars declared under paragraph (b) of subsection (1) of section 31, or which would operate to prevent the grant of a driving licence under that section, the holder of the driving licence shall forthwith inform the Registrar of the change.
|
| (6) |
Any person who contravenes or fails to comply with this section shall be guilty of an offence and liable—
| (a) |
on first conviction to a fine not exceeding two thousand shillings or to imprisonment for a term not exceeding three months; and
|
| (b) |
on each subsequent conviction to a fine not exceeding five thousand shillings or to imprisonment for a term not exceeding six months or to both such fine and imprisonment.
|
|
|
| 30. |
Drivers to be licensed
| (1) |
No person shall drive a motor vehicle of any class on a road unless he is the holder of a valid driving licence or a provisional licence endorsed in respect of that class of vehicle.
|
| (2) |
No person who owns or who has charge of a motor vehicle of any class shall cause or permit any person to drive such motor vehicle unless such person is the holder of a valid driving licence or a valid provisional licence endorsed in respect of that class of motor vehicle.
|
| (3) |
No person shall be entitled to more than one driving licence, but a driving licence may be endorsed to permit the holder to drive one or more classes of motor vehicle.
|
| (4) |
Driving licences shall be issued, and upon expiry renewed on production, by a licensing officer upon payment of the prescribed fee, and a driving licence so issued or renewed may be expressed to be valid for a period of three years, from the date of issue or renewal.
|
| (5) |
In the event of any change of circumstances which affects the accuracy of any particulars declared under paragraph (b) of subsection (1) of section 31, or which would operate to prevent the grant of a driving licence under that section, the holder of the driving licence shall forthwith inform the Authority of the change.
|
| (6) |
A driver of a public service vehicle or a commercial vehicle shall be required to undergo every three years a driving test under section 39 successfully as a condition for each renewal of the licence.
|
| (7) |
Any person who contravenes or fails to comply with this section shall be guilty of an offence and liable—
| (a) |
on first conviction to a fine not exceeding twenty thousand shillings or to imprisonment for a term not exceeding three months; and
|
| (b) |
on each subsequent conviction to a fine not exceeding thirty thousand shillings or to imprisonment for a term not exceeding six months or to both such fine and imprisonment.
|
|
|
| 31. |
Conditions for granting of driving licence
| (1) |
A licensing officer shall not grant an applicant a driving licence endorsed in respect of any class of motor vehicle unless the applicant—
| (a) |
satisfies the licensing officer that he has passed a test of competence to drive that class of motor vehicle conducted under section 39, or that he holds a certificate of competency for that class of motor vehicle issued under the Traffic Ordinance (Cap. 232 of 1948 now repealed), or is the holder of a valid driving licence for that class of motor vehicle granted by a competent authority in some part of the Commonwealth where such driving licences are granted only after a prescribed test has been passed or is the holder of an international driving permit;
|
| (b) |
makes a declaration in the prescribed form as to whether or not he is suffering from any such disease or physical disability as may be specified in the form, or any other physical disability which would be likely to cause the driving by him of a motor vehicle, being a vehicle of such class as he would be authorized by the licence to drive, to be a source of danger to the public; and
|
| (c) |
is able to read, with glasses if worn, a motor vehicle identification plate at a distance of twenty-five metres.
|
|
| (2) |
If it appears to a licensing officer that there is reason to believe that an applicant for any driving licence is suffering from disease or physical disability likely to cause the driving by him of a motor vehicle, of the class or classes in respect of which the application for a licence is made, to be a source of danger to the public, he may refuse to grant such application unless the applicant—
| (a) |
produces a certificate from a medical practitioner, stating that in the opinion of such medical practitioner the applicant is physically fit to drive the class or classes of motor vehicle in question; and
|
| (b) |
undergoes and passes a driving test.
|
|
| (3) |
Any person who is aggrieved by the refusal of the Registrar or a licensing officer to grant a licence may, after giving to the Registrar notice of his intention so to do, appeal to a subordinate court of the first or second class, which shall after considering the grounds for such refusal make such order as it thinks fit, and any order so made shall be binding on the Registrar.
|
|
| 31. |
Conditions for granting of driving licence
| (1) |
A licensing officer shall not grant an applicant a driving licence endorsed in respect of any class of motor vehicle unless the applicant—
| (a) |
satisfies the licensing officer that he has passed a test of competence to drive that class of motor vehicle conducted under section 39, or that he holds a certificate of competency for that class of motor vehicle
issued under the Traffic Ordinance (Cap. 232 of 1948 now repealed), or is the holder of a valid driving licence for that class of motor vehicle granted by a competent authority in some part of the Commonwealth where such driving licences are granted only after a prescribed test has been passed or is the holder of an international driving permit;
|
| (b) |
makes a declaration in the prescribed form as to whether or not he is suffering from any such disease or physical disability as may be specified in the form, or any other physical disability which would be likely to cause the driving by him of a motor vehicle, being a vehicle of such class as he would be authorized by the licence to drive, to be a source of danger to the public; and
|
| (c) |
is able to read, with glasses if worn, a motor vehicle identification plate at a distance of twenty-five metres.
|
|
| (2) |
If it appears to a licensing officer that there is reason to believe that an applicant for any driving licence is suffering from disease or physical disability likely to cause the driving by him of a motor vehicle, of the class or classes in respect of which the application for a licence is made, to be a source of danger to the public, he may refuse to grant such application unless the applicant—
| (a) |
produces a certificate from a medical practitioner, stating that in the opinion of such medical practitioner the applicant is physically fit to drive the class or classes of motor vehicle in question; and
|
| (b) |
undergoes and passes a driving test.
|
|
| (3) |
Any person who is aggrieved by the refusal of the Authority or a licensing officer to grant a licence may, after giving to the Authority notice of his intention so to do, appeal to a subordinate court of the first or second class, which shall after considering the grounds for such refusal make such order as it thinks fit, and any order so made shall be binding on the Authority.
|
|
| 32. |
Provisional driving licence
| (1) |
Notwithstanding subsection (1) of section 31, a licensing officer may grant an applicant for a driving licence a provisional licence endorsed in respect of any class or classes of motor vehicle which if he held a driving licence he would be entitled to drive, in order that the applicant may learn to drive such class or classes of vehicle.
|
| (2) |
Whenever the driving licence of any person has been cancelled or suspended, a licensing officer may, on application, so soon as the period of cancellation or suspension is over, grant to such person a provisional licence endorsed in respect of any class or classes of vehicle which if he held a driving licence he would be entitled to drive, with a view to such person passing any necessary test.
|
| (3) |
Provisional licences shall be valid for three months only but may, in the discretion of the licensing officer, be renewed for further periods of three months on payment of the prescribed fee for granting a provisional licence.
|
| (4) |
Any person holding a provisional licence driving a motor vehicle shall comply with all such conditions as shall be prescribed.
|
|
| 33. |
Driving licences not to be granted to persons under certain
ages
| (1) |
No driving licence or provisional licence shall be granted to any person—
| (a) |
under the age of sixteen years;
|
| (b) |
under the age of eighteen years, except in respect of motorcycles; or
|
| (c) |
endorsed in respect of matatus and motor-omnibuses, unless he—
| (i) |
is over the age of twenty-four years; and |
| (ii) |
has for not less than four years held a licence endorsed in respect of motor-cars or commercial vehicles: |
|
Provided that any person who satisfies the licensing officer that he has, before the commencement of this Act, been in possession of a licence authorizing him to drive a motor vehicle in Kenya shall, subject to subsection (2) of section 31, notwithstanding the provisions of this section, be entitled to receive a licence in respect of the same class or description of vehicles which he is by such licence authorized to drive.
|
| (2) |
If the applicant for a driving licence fails to produce his birth certificate, the opinion of the licensing officer shall be conclusive as to a person’s age.
|
|
| 34. |
Form of application
| (1) |
Applications for driving licences and provisional licences shall be made to a licensing officer in the prescribed form, accompanied by the prescribed fee, and the particulars required in such form shall be signed by the applicant.
|
| (2) |
Subject to subsection (3) of section 30, any person holding a driving licence endorsed in respect of any class of motor vehicle who wishes his licence endorsed in respect of another class or classes of motor vehicles shall apply to a licensing officer in the prescribed form and pay the prescribed fee, and the particulars and declaration in such form shall be signed by the applicant.
|
|
| 35. |
Issue of driving licence to members of armed forces
Notwithstanding this Part, the Minister may make rules prescribing special terms and conditions for the issue of driving licences to members of the armed forces or any foreign military, naval or air forces lawfully present in Kenya for the purpose of driving service vehicles while on duty, and he may in such rules order that such licences shall be issued without the payment of any fee.
|
| 36. |
Production of driving licence on demand
| (1) |
Any person driving a motor vehicle on a road shall carry his driving licence or provisional licence, and, on being so required by a police officer, produce it for examination.
|
| (2) |
For the purposes of this section, “driving licence or provisional licence” includes such other evidence as will satisfy the police that there is no contravention of section 30.
|
| (3) |
Any person who contravenes or fails to comply with this section shall be guilty of an offence and be liable to a fine not exceeding one hundred shillings.
|
|
| 36. |
Production of driving licence on demand
| (1) |
Any person driving a motor vehicle on a road shall carry his driving licence or provisional licence, and, on being so required by a police officer, produce it for examination.
|
| (2) |
For the purposes of this section, “driving licence or provisional licence” includes such other evidence as will satisfy the police that there is no contravention of section 30.
|
| (3) |
Any person who contravenes or fails to comply with this section shall be guilty of an offence and be liable to a fine not exceeding ten thousand shillings.
|
|
| 37. |
Form of driving licence
| (1) |
Driving licences and provisional licences shall be in the prescribed form, and there shall be affixed to each driving licence a photograph of the licence holder which shall be impressed with the official stamp of the Registrar.
|
| (2) |
The signature of the licence holder shall also be affixed to the licence.
|
| (3) |
No person shall use a mutilated, or defaced driving licence or provisional licence.
|
| (4) |
A driving licence issued to any person who is suffering from any disease or disability to whom under the provisions of section 30 of this Act a licence has been granted shall be subject to such restrictions or conditions as may be decided by the Licensing Officer. Such restrictions or conditions shall be entered on the licence which shall not be valid unless such conditions or restrictions are complied with by the holder thereof.
|
|
| 37. |
Form of driving and provisional licence
| (1) |
A driving licence shall be in the form of a computerized smart card made of plastic material containing a micro-processor-based chip, and provisional licences shall be in the prescribed form, which shall be impressed with the official stamp of the issuing authority.
|
| (2) |
The driving licence shall have—
| (a) |
a front side, which shall contain the Personal Identification Number (PIN) and Identity Card Number, photograph, name, date of birth, sex, signature, and licence number of the licence holder, and the class of the vehicle to be driven or restricted; and
|
| (b) |
a rear side, which shall contain the thumb print of the licence holder, the date of issue per class, the date of expiry per class, conditions and any other information, if any, and the signature and reference number of the issuing authority.
|
|
| (3) |
The micro-processor based chip shall contain features for micro-printing, image hosting, ultra-violet printing (logo), the national coat of arms, hologram, and both side lamination.
|
| (4) |
The micro-processor based chip shall contain the driver's name, biometric information, the photograph, signature, licence number, class of vehicle to be driven or restricted, the date of issue, the date of expiry, conditions or other information, if any, and the signature and reference number of the issuing authority.
|
|
| 38. |
Duplicate licences
If a driving licence or provisional licence is lost, defaced or mutilated, the Registrar shall upon application being made in the prescribed form and upon payment of the prescribed fee, issue to the holder a duplicate licence or provisional licence:
Provided that where any licence or provisional licence which has been lost is subsequently found the holder shall forthwith deliver up to the licensing officer such duplicate.
|
| 38. |
Duplicate licences
If a driving licence or provisional licence is lost, defaced or mutilated, the Authority shall upon application being made in the prescribed form and upon payment of the prescribed fee, issue to the holder a duplicate licence or provisional licence:
Provided that where any licence or provisional licence which has been lost is subsequently found the holder shall forthwith deliver up to the licensing officer such duplicate.
|
| 39. |
Driving tests
| (1) |
Driving tests for the purpose of this Act shall be conducted by driving test examiners.
|
| (2) |
Driving tests shall be carried out in such manner as the Minister may direct, but shall in any case include a test of the applicant's-
| (a) |
knowledge of the rules of the road;
|
| (b) |
knowledge of recognized road signals and road signs;
|
| (c) |
knowledge of any authorized road or highway code; and
|
| (d) |
physical fitness to drive a motor vehicle of the class for which the licence is required.
|
|
| (3) |
No person shall undergo a test until he has paid the prescribed fee. [Act No. 52 of 1959, s. 8.]
|
|
| 39. |
Driving tests
| (1) |
Driving tests for the purpose of this Act shall be conducted by the Authority.
|
| (2) |
Driving tests shall be carried out in such manner as the Minister may direct, but shall in any case include a test of the applicant's—
| (a) |
knowledge of the rules of the road;
|
| (b) |
knowledge of recognized road signals and road signs;
|
| (c) |
knowledge of any authorized road or highway code; and
|
| (d) |
physical fitness to drive a motor vehicle of the class for which the licence is required.
|
|
| (3) |
No person shall undergo a test until he has paid the prescribed fee.
|
|
| 40. |
Revocation, etc., of driving licences upon application by
police
| (1) |
Upon application by a police office of or above the rank of Superintendent, the Registrar may—
| (a) |
revoke the driving licence of any person who appears, in the opinion of the Registrar, to be suffering from a disease or disability likely to, cause the driving by him of a motor vehicle to be a source of danger to the public; or
|
| (b) |
order a fresh driving test in the case of any holder of a driving licence who appears to the Registrar to be so deficient in driving ability as to be a source of danger to the public, and if the licence holder fails to pass such test, order that his licence shall be revoked.
|
|
| (2) |
Where the Registrar has revoked a driving licence under subsection (1), the owner of such licence shall deliver his driving licence to the Registrar, who shall endorse on it the reason for its revocation.
|
| (3) |
The Registrar shall restore a driving licence revoked under subsection (1) to the person in question under the following conditions—
| (a) |
in the case of a licence revoked under paragraph (a) of subsection (1), if he satisfies the Registrar, by means of a certificate from a medical practitioner, that he is suffering from no disease or physical disability likely to cause the driving by him of a motor vehicle, of the class or classes in respect of which his licence was issued, to be a source of danger to the public; and
|
| (b) |
in the case of a licence revoked under paragraph (b) of subsection (1), if he passes the prescribed test for the class or classes of motor vehicle in respect of which his licence was originally granted.
|
|
| (4) |
Any person who is aggrieved by the revocation of a licence under this section may, after giving to the Registrar notice of his intention so to do, appeal to a subordinate court of the first or second class, which shall, after considering the grounds for such revocation, make such order as it thinks fit, and any order so made, shall be binding on the Registrar.
|
|
| 40. |
Revocation, etc., of driving licences upon application by
police
| (1) |
Upon application by a police office of or above the rank of Superintendent, the Authority may—
| (a) |
revoke the driving licence of any person who appears, in the opinion of the Authority, to be suffering from a disease or disability likely to, cause the driving by him of a motor vehicle to be a source of danger to the public; or
|
| (b) |
order a fresh driving test in the case of any holder of a driving licence who appears to the Authority to be so deficient in driving ability as to be a source of danger to the public, and if the licence holder fails to pass such test, order that his licence shall be revoked.
|
|
| (2) |
Where the Authority has revoked a driving licence under subsection (1), the owner of such licence shall deliver his driving licence to the Authority, who shall endorse on it the reason for its revocation.
|
| (3) |
The Authority shall restore a driving licence revoked under subsection (1) to the person in question under the following conditions—
| (a) |
in the case of a licence revoked under paragraph (a) of subsection (1), if he satisfies the Authority, by means of a certificate from a medical practitioner, that he is suffering from no disease or physical disability likely to cause the driving by him of a motor vehicle, of the class or classes in respect of which his licence was issued, to be a source of danger to the public; and
|
| (b) |
in the case of a licence revoked under paragraph (b) of subsection (1), if he passes the prescribed test for the class or classes of motor vehicle in respect of which his licence was originally granted.
|
|
| (4) |
Any person who is aggrieved by the revocation of a licence under this section may, after giving to the Authority notice of his intention so to do, appeal toa subordinate court of the first or second class, which shall, after considering the grounds for such revocation, make such order as it thinks fit, and any order so made, shall be binding on the Authority.
|
|
| 41. |
Penalties under this Part
Any person who contravenes or fails to comply with any of the provisions of this Part shall be guilty of an offence and liable, where no penalty is specifically provided, on first conviction to a fine not exceeding one thousand shillings or to imprisonment for a term not exceeding three months, and on each subsequent conviction to a fine not exceeding two thousand shillings or to imprisonment for a term not exceeding six months or to both.
|
| 41. |
Penalties under this Part
Any person who contravenes or fails to comply with any of the provisions of this Part shall be guilty of an offence and liable, where no penalty is specifically provided, on first conviction to a fine not exceeding ten thousand shillings or to imprisonment for a term not exceeding three months, and on each subsequent conviction to a fine not exceeding twenty thousand shillings or to imprisonment for a term not exceeding six months or to both.
|
PART V – DRIVING AND OTHER OFFENCES RELATING TO THE USE OF
VEHICLES ON ROADS
| 42. |
Speed of motor vehicles
| (1) |
No person shall drive, or, being the owner or person in charge of a vehicle, cause or permit any other person to drive, a vehicle on a road at a speed greater than such speed as may be prescribed as the maximum speed for that class of vehicle.
|
| (2) |
On a vehicle subject to a speed restriction under subsection (1), except a vehicle registered as a motor-car or motorcycle or a private hire vehicle, there shall be painted or affixed to the rear, as close as possible to the rear number plate and so as to be clearly legible to a person within ten metres of the rear of the vehicle, a mark in the prescribed form indicating its maximum permitted speed in kilometres per hour.
|
| (3) |
No person shall drive, or, being the owner or person in charge of a vehicle, cause or permit any other person to drive, any vehicle at a speed exceeding fifty kilometres per hour or any road within the boundaries of any trading centre, township, municipality or city:
Provided that the highway authority shall erect and maintain traffic signs as prescribed so as plainly to indicate to drivers entering or leaving such roads or areas where the fifty kilometer per hour speed limit restriction begins and ends.
|
| (4) |
Notwithstanding subsections (1) and (3), it shall be lawful for the Minister—
| (a) |
to impose on any road such lower limit of speed as it considers necessary in circumstances when, by reason of repairs, reconstruction or damage to the road or the condition of the road, any lower limit of speed is necessary for the public safety or to prevent damage to the road:
Provided that such lower limit shall be imposed only for such period as is necessary to carry out repairs or reconstruction or until the condition of the road is satisfactory;
|
| (b) |
to impose on any road or area, either permanently or for such time as he considers appropriate, such lower limit of speed as may be necessary to prevent damage to the road or for the safety of the public having regard to any permanent or temporary hazards, the alignment or characteristics of the road, the width of streets, nature of traffic or general development of the area:
|
Provided that, in any case whilst such lower limit is in force under this subsection, indication of the maximum speed permitted shall be given by prescribed traffic signs erected and maintained so as plainly to indicate to drivers entering or leaving such restricted road where the lower speed limit begins and ends.
|
| (4A) |
The Minister may by notice in the Gazette delegate the power conferred by subsection (4) to a highway authority of other public body.
|
| (4B) |
A delegation under subsection (4A) may—
| (a) |
be made subject to such conditions, exceptions and limitations as are specified in the notice;
|
| (b) |
be made either generally or with respect to any particular road or area; and
|
| (c) |
be revoked or varied by a subsequent notice made in like manner,
|
and shall not prevent the exercise by the Minister of any power so delegated.
|
| (5) |
The provisions of this section or of this or any other Act, imposing a speed limit on motor vehicles, shall not apply to any vehicle on an occasion when it is being used for fire brigade, ambulance or police purposes, if the observance of such provisions would be likely to hinder the use of the vehicle for the purpose for which it is being used on that occasion.
|
| (6) |
Nothing in subsection (5) authorizes a person to use a motor vehicle for fire brigade, ambulance or police purposes in contravention of any other provision of this Act.
|
|
| 42. |
Speed of motor vehicles
| (1) |
No person shall drive, or, being the owner or person in charge of a vehicle, cause or permit any other person to drive, a vehicle on a road at a speed greater than such speed as may be prescribed as the maximum speed for that class of vehicle.
|
| (2) |
On a vehicle subject to a speed restriction under subsection (1), except a vehicle registered as a motor-car or motorcycle or a private hire vehicle, there shall be painted or affixed to the rear, as close as possible to the rear number plate and so as to be clearly legible to a person within ten metres of the rear of the vehicle, a mark in the prescribed form indicating its maximum permitted speed in kilometres per hour.
|
| (3) |
No person shall drive, or, being the owner or person in charge of a vehicle, cause or permit any other person to drive, any vehicle at a speed exceeding fiftykilometres
per hour or any road within the boundaries of any trading centre,
township, municipality or city:
Provided that the highway authority shall erect and maintain traffic signs as prescribed so as plainly to indicate to drivers entering or leaving such roads or areas where the fifty kilometer per hour speed limit restriction begins and ends.
|
| (3A) |
A person shall not drive, or, being the owner or person in charge of a vehicle, cause or permit any other person to drive, any vehicle at a speed exceeding fifty kilometres per hour on any road within the boundaries of—
| (a) |
a nursery, primary or secondary school; or
|
| (b) |
an area used by children when crossing to and from school as may be designated as a pedestrian crossing by the highway authority.
|
|
| (3B) |
The highway authority shall—
| (a) |
erect and maintain traffic signs as prescribed in the Act so as plainly to indicate to drivers entering or leaving such roads or areas referred to under subsection (3A) where the fifty kilometres per hour speed limit restriction begins and ends;
|
| (b) |
erect, construct and maintain speed limiting road design features such as speed bumps or rumble strips, and traffic circles on the roads referred to under subsection (3A) at the areas specifically designated for pedestrian crossing or on any road within a built up area or any section of a road where forward visibility is short;
|
| (c) |
ensure that traffic routes in the vicinity of nursery, primary or secondary schools and those giving access to the schools are planned, designed, equipped and maintained with safety features such as wide pavements, footpaths, cycle-tracks, roadside barriers, pedestrian crossings and underpasses and footbridges with appropriate signs and markings; and
|
| (d) |
ensure that there are no man-made or natural obstructions, including stationary vehicles on roads and parking areas in the vicinity of schools that might block children's view of the road and vehicles travelling along it, or drivers' view of children.
|
|
| (4) |
Notwithstanding subsections (1) and (3), it shall be lawful for the Minister—
| (a) |
to impose on any road such lower limit of speed as it considers necessary in circumstances when, by reason of repairs, reconstruction or damage to the road or the condition of the road, any lower limit of speed is necessary for the public safety or to prevent damage to the road:
Provided that such lower limit shall be imposed only for such period as is necessary to carry out repairs or reconstruction or until the condition of the road is satisfactory;
|
| (b) |
to impose on any road or area, either permanently or for such time as he considers appropriate, such lower limit of speed as may be necessary to prevent damage to the road or for the safety of the public having regard to any permanent or temporary hazards, the alignment or characteristics of the road, the width of streets, nature of traffic or general development of the area:
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Provided that, in any case whilst such lower limit is in force under this sub-section, indication of the maximum speed permitted shall be given by prescribetraffic signs erected and maintained so as plainly to indicate to drivers entering or leaving such restricted road where the lower speed limit begins and ends.
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| (4A) |
The Minister may by notice in the Gazette delegate the power conferred by subsection (4) to a highway authority of other public body.
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| (4B) |
A delegation under subsection (4A) may—
| (a) |
be made subject to such conditions, exceptions and limitations as are specified in the notice;
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| (b) |
be made either generally or with respect to any particular road or area; and
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| (c) |
be revoked or varied by a subsequent notice made in like manner,
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and shall not prevent the exercise by the Minister of any power so delegated.
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| (5) |
The provisions of this section or of this or any other Act, imposing a speed limit on motor vehicles, shall not apply to any vehicle on an occasion when it is being used for fire brigade, ambulance or police purposes, if the observance of such provisions would be likely to hinder the use of the vehicle for the purpose for which it is being used on that occasion.
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| (6) |
Nothing in subsection (5) authorizes a person to use a motor vehicle for fire brigade, ambulance or police purposes in contravention of any other provision of this Act.
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| 43. |
Penalties in relation to speed
| (1) |
Any person who contravenes or fails to comply with any of the provisions of section 42 shall be guilty of an offence and liable to a fine of not less than two hundred shillings and not exceeding two thousand shillings.
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| (2) |
A first or second conviction for an offence under this section shall not render the offender liable to be disqualified for holding or obtaining a licence for a longer period than, in the case of a first conviction, one month, or in the case of a second conviction three months:
Provided that, if the offender has been convicted of reckless or dangerous driving within the three years immediately preceding the date of his conviction for an offence under this section, such previous conviction shall be treated for the purposes of this subsection as if it had been a conviction for an offence under this section.
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| (3) |
A person charged with the offence of driving a motor vehicle of any class or description on a road at a speed greater than the maximum speed allowed shall not be liable to be convicted solely on the evidence of one witness to the effect that in the opinion of the witness the person charged was driving the vehicle at such greater speed.
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| 43. |
Penalties in relation to speed
| (1) |
Any person who contravenes or fails to comply with any of the provisions of section 42 shall be guilty of an offence and liable to a fine of not exceeding one hundred thousand shillings.
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| (2) |
A first or second conviction for an offence under this section shall not render the offender liable to be disqualified for holding or obtaining a licence for a longer period than, in the case of a first conviction, one month, or in the case of a second conviction three months:
Provided that, if the offender has been convicted of reckless or dangerous driving within the three years immediately preceding the date of his conviction for an offence under this section, such previous conviction shall be treated for the purposes of this subsection as if it had been a conviction for an offence under this section.
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| (3) |
A person charged with the offence of driving a motor vehicle of any class or description on a road at a speed greater than the maximum speed allowed shall not be liable to be convicted solely on the evidence of one witness to the effect that in the opinion of the witness the person charged was driving the vehicle at such greater speed.
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|
| 43. |
Penalties in relation to speed
| (1) |
Any person who contravenes or fails to comply with any of the provisions of section 42 shall be guilty of an offence and liable to a fine of not exceeding one hundred thousand shillings.
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| (1A) |
A person who contravenes the provisions of subsection (3A) of section 42 shall be liable to a fine not exceeding twenty thousand shillings.
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| (1B) |
A police officer shall serve upon the person driving or in charge of a vehicle and who commits an offence under section 42 (1), (2), (3) and (3A), with a police notification of traffic offence in the prescribed form charging the person of having committed the offence under the section.
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| (1C) |
The police notification served under subsection (1B) shall require the person to attend court to answer such charge as may be preferred within forty eight hours of service of the notification.
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| (1D) |
The procedure stipulated under section 117 (4), (5), (6), (7), (8), (9) and (10) shall apply to this section.
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| (2) |
A first or second conviction for an offence under this section shall not render the offender liable to be disqualified for holding or obtaining a licence for a longer period than, in the case of a first conviction, one month, or in the case of a second conviction three months:
Provided that, if the offender has been convicted of reckless or dangerous driving within the three years immediately preceding the date of his conviction for an offence under this section, such previous conviction shall be treated for the purposes of this subsection as if it had been a conviction for an offence under this section.
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| (3) |
A person charged with the offence of driving a motor vehicle of any class or description on a road at a speed greater than the maximum speed allowed shall not be liable to be convicted solely on the evidence of one witness to the effect that in the opinion of the witness the person charged was driving the vehicle at such greater speed.
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| 44. |
Driving under influence of drink
| (1) |
Any person who, when driving or attempting to drive, or when in charge of a motor vehicle on a road or other public place, is under the influence of drink or a drug to such an extent as to be incapable of having proper control of the vehicle, shall be guilty of an offence and liable to a fine not exceeding ten thousand shillings or to imprisonment for a term not exceeding eighteen months or to both.
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| (2) |
A person convicted of an offence under this section shall, without prejudice to the power of the court to order a longer period of disqualification, be disqualified, for a period of twelve months from the date of conviction, for holding or obtaining a licence.
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| 44. |
Driving under influence of drink
| (1) |
Any person who, when driving or attempting to drive, or when in charge of a motor vehicle on a road or other public place, is under the influence of drink or a drug to such an extent as to be incapable of having proper control of the vehicle, shall be guilty of an offence and liable to a fine not exceeding one hundred thousand shillings or to imprisonment for a term not exceeding two years or to both.
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| (2) |
A person convicted of an offence under this section shall, without prejudice to the power of the court to order a longer period of disqualification, be disqualified, for a period of twelve months from the date of conviction, for holding or obtaining a licence.
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| 45. |
Prohibition of drinking when driving or in charge of public
service vehicle
| (1) |
Any person who, when driving or in charge of, or during any period of duty in connexion with the driving of, a public service vehicle, drinks any intoxicating liquor shall be guilty of an offence and liable to a fine not exceeding fifteen thousand shillings or to imprisonment for a term not exceeding two years or to both.
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| (2) |
Any person who gives any driver or any person in charge of a public service vehicle any intoxicating liquor, whether for reward or not, shall be guilty of an offence and liable to the same penalties as a person guilty of an offence under subsection (1).
|
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| 45. |
Prohibition of drinking when driving or in charge of public
service vehicle
| (1) |
Any person who, when driving or in charge of, or during any period of duty in connexion with the driving of, a public service vehicle, drinks any intoxicating liquor shall be guilty of an offence and liable to a fine not exceeding one hundred thousand shillings or to imprisonment for a term not exceeding two years or to both.
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| (2) |
Any person who gives any driver or any person in charge of a public service vehicle any intoxicating liquor, whether for reward or not, shall be guilty of an offence and liable to the same penalties as a person guilty of an offence under subsection (1).
|
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| 45. |
Prohibition of drinking when driving or in charge of public
service vehicle
| (1) |
Any person who, when driving or in charge of, or during any period of duty in connexion with the driving of, a public service vehicle or a commercial vehicle, drinks any intoxicating liquor shall be guilty of an offence and liable to a fine not exceeding one hundred thousand shillings or to imprisonment for a term not exceeding two years or to both.
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| (2) |
Any person who gives any driver or any person in charge of a public service vehicle any intoxicating liquor, whether for reward or not, shall be guilty of an offence and liable to the same penalties as a person guilty of an offence under subsection (1).
|
|
| 45A. |
Driving on pavement, pedestrian walkway, etc.
| (1) |
No person shall, in order to avoid a buildup of traffic on a road, drive a motor vehicle on, or through, a pavement or a pedestrian walkway.
|
| (2) |
A person who contravenes subsection (1) commits an offence and shall be liable—
| (a) |
for a first conviction, to imprisonment for a term not exceeding three months, or to a fine not exceeding thirty thousand shillings; and
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| (b) |
for a second or subsequent conviction to imprisonment for a term not exceeding six months.
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|
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| 46. |
Causing death by driving or obstruction
Any person who causes the death of another by driving a motor vehicle on a road recklessly or at a speed or in a manner which is dangerous to the public, or by leaving any vehicle on a road in such a position or manner or in such a condition as to be dangerous to the public, having regard to all the circumstances of the case, including the nature, condition and use of the road and the amount of traffic which is actually at the time or which might reasonably be expected to be on the road, shall be guilty of an offence whether or not the requirements of section 50 havebeen satisfied as regards that offence and be liable to imprisonment for a term not exceeding ten years and the court shall exercise the power conferred by Part VIII of cancelling any driving licence or provisional driving licence held by the offender and declaring the offender disqualified for holding or obtaining a driving licence for a period of three years starting from the date of conviction or the end of any prison sentence imposed under this section, whichever is the later.
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| 47. |
Reckless driving
| (1) |
Any person who drives a motor vehicle on a road recklessly, or at a speed or in a manner which is dangerous to the public, having regard to all the circumstances of the case, including the nature, condition and use of the road and the amount of traffic which is actually at the time or which might reasonably be expected to be on the road, shall be guilty of an offence and be liable to a fine not exceeding five thousand shillings or to imprisonment for a term not exceeding six months or to both and the court shall exercise the power conferred by Part VIII of cancelling any driving licence or provisional driving licence held by the offender and declaring the offender disqualified for holding or obtaining a driving licence for such period as it thinks fit.
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| (3) |
Where a person is convicted of aiding, abetting, counselling, procuring or inciting the commission of an offence under this section, and it is proved that he was present in the vehicle at the time, the offence of which he is convicted shall, for, the purpose of the provisions of this Act relating to disqualification for holding or obtaining driving licences, be deemed to be an offence in connection with the driving of a motor vehicle.
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|
| 47. |
Reckless driving
| (1) |
Any person who drives a motor vehicle on a road recklessly, or at speed, or in a manner which is dangerous to the public, having regard to all the circumstances of the case, including the nature, condition and use of the road and the amount of traffic which is at the time or which might reasonably expected to be on the road, is guilty of an offence and liable—
| (a) |
for a first conviction, to a fine not exceeding one hundred thousand shillings, or to imprisonment for a term not exceeding two years; and
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| (b) |
for a second or subsequent conviction, to a fine not exceeding three hundred thousand shillings, or imprisonment for a term not exceeding one year, and the court shall exercise the power conferred by Part VIII of canceling any driving licence or provisional driving licence held by the offender and declaring the offender disqualified for holding or obtaining a driving licence for a period of two years starting from the date of conviction or the end of any prison sentence imposed under this section, whichever is later.
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| (3) |
Where a person is convicted of aiding, abetting, counselling, procuring or inciting the commission of an offence under this section, and it is proved that he was present in the vehicle at the time, the offence of which he is convicted shall, for, the purpose of the provisions of this Act relating to disqualification for holding or obtaining driving licences, be deemed to be an offence in connection with the driving of a motor vehicle.
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| 48. |
Power to convict for reckless or dangerous driving on trail
for manslaughter or for causing death by driving or obstruction
Upon the trial of a person who is charged with manslaughter in connection with the driving of a motor vehicle by him, or with an offence under section 46, if the court is satisfied that such person is guilty of an offence under section 47, he may be found guilty of such offence.
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| 49. |
Careless driving
| (1) |
Any person who drives a motor vehicle on a road without due care and attention or without reasonable consideration for other persons using the road shall be guilty of an offence and liable for a first offence to a fine not exceeding five thousand shillings, and for a second or subsequent offence to a fine not exceeding five thousand shillings or to imprisonment for a term not exceeding three months.
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| (2) |
A first or second conviction for an offence under this section shall not render the offender liable to be disqualified for holding or obtaining a licence for a longer period than, in the case of a first conviction, one month, or in the case of a second conviction three months:
Provided that, if the offender has been convicted of reckless or dangerous driving within the | | |
