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ARRANGEMENT OF RULES
PART I – PRELIMINARY
3. |
Offence under Act and Rules
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PART II – REGISTRATION AND LICENSING OF VEHICLES
6A. |
Personalised number plates
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6B. |
Motor Vehicles of County Government
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7A. |
Authorization permits
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8. |
Manner of carrying licence
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8A. |
Manner of carrying vehicle licence certificate
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8B. |
[Deleted by L.N. 33 of 2007, r. 2.]
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9. |
Vehicles exempted from registration and licensing
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PART III – DRIVING LICENCES AND TESTS
10. |
Vehicles requiring inspection report
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10A. |
Inspection certificate
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11. |
Validity of licences and permits
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15. |
Register of driving tests
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16. |
Applicant to provide vehicle
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17. |
Driving tests-classes of vehicles
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PART IV – CONSTRUCTION, EQUIPMENT AND USE OF VEHICLES
18. |
Wheels and tyres of motor vehicles and trailers
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19. |
Wheels and tyres of other vehicles
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20. |
Wheels and tyres to be adequate
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22. |
Brakes on motor vehicles
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22A. |
Fitting of seat belts
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23. |
Lights on motor vehicles
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24. |
Lights on vehicles other than motor vehicles
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25. |
Reflectors and warning signs
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27. |
Emission of smoke and sparks
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30. |
Windscreens and windows
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31. |
Vehicles steered from left-hand side
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32. |
Types of direction indicators
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38A. |
Public service vehicle plates
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39. |
Markings on commercial vehicles and trailers
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41. |
Weights and dimensions of vehicles
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41A. |
Fitting of speed governors
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PART V – SPECIAL PROVISIONS RELATING TO MOTOR OMNIBUSES AND MATATUS
45. |
Emergency window or panel
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46. |
Access to doors and emergency exits
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48. |
Interior illumination
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49. |
Destination indicators
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54A. |
Tinted motor vehicle windows
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55A. |
Horizontal band on matatus
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56. |
Fire extinguishers and first aid outfits
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PART VI – SPECIAL PROVISIONS RELATING TO DRIVERS, CONDUCTORS AND PASSENGERS OF MOTOR OMNIBUSES OR MATATUS
62. |
Interpretation of Part
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63. |
Conduct of drivers and conductors
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66. |
Conduct of passengers
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67. |
Powers of authorized persons and police
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69. |
Penalties under this Part
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PART VII – SPECIAL PROVISIONS RELATING TO TAXICABS
72. |
Penalties under this Part
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PART VIII – TRAFFIC REGULATION
73. |
Meeting or overtaking traffic
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78. |
Change of traffic lane
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78A. |
Traffic on roundabouts
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80. |
Travelling with part of body outside vehicle
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83. |
Priority for police, fire engines and ambulances
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PART IX – SEATING AND PASSENGER CAPACITY OF VEHICLES
85. |
Arrangement of seats in motor omnibuses
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86. |
Seating capacity of public service vehicles
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86A. |
Licensing of public service vehicles carrying both seating and standing passengers
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87. |
Driver’s seat in motor omnibus, matatu or commercial vehicle
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88. |
Passengers on commercial vehicles
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90. |
Penalties under this Part
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PART X – INTERNATIONAL TRAFFIC
91. |
Interpretation of this Part
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92. |
Issue of international documents
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93. |
International circulation permit
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94. |
Exemption from registration and licensing
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97. |
Removal of distinguishing sign and plate
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99. |
Penalties under this Part
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SCHEDULES
FIRST SCHEDULE [rr. 4, 7, 7A.] — |
FEES
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THIRD SCHEDULE [r. 5(4)] — |
PUBLIC SERVICE VEHICLE DRIVER’S/CONDUCTOR’S BADGE
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FOURTH SCHEDULE [r. 5(4)] — |
PUBLIC SERVICE VEHICLE CONDUCTOR’S BADGE
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FIFTH SCHEDULE [r. 12(1)(b)] — |
DIAGRAM OF DISTINGUISHING MARK TO BE DISPLAYED ON A MOTOR VEHICLE WHILST BEING DRIVEN BY THE HOLDER OF A PROVISIONAL LICENCE
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SIXTH SCHEDULE [r. 17.] — |
CLASSES OF VEHICLES COVERED BY DRIVING TEST
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SEVENTH SCHEDULE [r. 39(2).] |
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NINTH SCHEDULE [r. 95.] — |
INTERNATIONAL ROAD TRAFFIC CONVENTION
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TENTH SCHEDULE [r. 2] — |
REFLECTIVE MATERIALS
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ELEVENTH SCHEDULE [r. 7(2)(c).] — |
AUTHORIZED MARK
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TWELFTH SCHEDULE [ r. 41] — |
MAXIMUM WEIGHTS AND DIMENSIONS
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THIRTEENTH SCHEDULE — |
MAXIMUM VOLUME OF BULK LIQUID TANK
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FOURTEENTH SCHEDULE [r. 6A(7)(a)] — |
REGISTRATION PLATES FOR COUNTY GOVERNMENT VEHICLES
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THE TRAFFIC RULES
[ Gazette Notice 1902 of 1953, Legal Notice 30 of 1957, Legal Notice 426 of 1957, Legal Notice 547 of 1959, Legal Notice 99 of 1960, Legal Notice 377 of 1964, Legal Notice 311 of 1964, Legal Notice 9 of 1967, Legal Notice 45 of 1967, Legal Notice 46 of 1967, Legal Notice 121 of 1967, Legal Notice 199 of 1967, Legal Notice 257 of 1967, Legal Notice 93 of 1968, Legal Notice 94 of 1968, Legal Notice 140 of 1969, Legal Notice 181 of 1969, Legal Notice 30 of 1971, Legal Notice 119 of 1971, Legal Notice 209 of 1971, Legal Notice 121 of 1972, Legal Notice 258 of 1972, Legal Notice 179 of 1972, Legal Notice 136 of 1973, Legal Notice 231 of 1973, Legal Notice 47 of 1974, Legal Notice 63 of 1974, Legal Notice 82 of 1974, Legal Notice 9 of 1975, Legal Notice 26 of 1975, Legal Notice 99 of 1976, Legal Notice 130 of 1977, Legal Notice 66 of 1978, Legal Notice 55 of 1978, Legal Notice 108 of 1979, Legal Notice 120 of 1979, Legal Notice 40 of 1981, Legal Notice 165 of 1981, Legal Notice 166 of 1981, Legal Notice 105 of 1982, Legal Notice 5 of 1983, Legal Notice 25 of 1984, Legal Notice 44 of 1984, Legal Notice 145 of 1984, Legal Notice 154 of 1984, Legal Notice 161 of 1984, Legal Notice 204 of 1984, Legal Notice 92 of 1985, Legal Notice 110 of 1985, Legal Notice 148 of 1985, Legal Notice 308 of 1986, Legal Notice 361 of 1986, Legal Notice 7 of 1987, Legal Notice 267 of 1987, Legal Notice 242 of 1988, Legal Notice 58 of 1989, Legal Notice 341 of 1989, Legal Notice 166 of 1990, Legal Notice 381 of 1990, Legal Notice 10 of 1991, Legal Notice 270 of 1991, Legal Notice 135 of 1992, Legal Notice 240 of 1992, Legal Notice 84 of 1993, Legal Notice 238 of 1993, Legal Notice 347 of 1993, Legal Notice 187 of 1994, Legal Notice 290 of 1994, Legal Notice 352 of 1995, Legal Notice 393 of 1995, Legal Notice 127 of 1996, Legal Notice 163 of 1997, Legal Notice 112 of 1999, Legal Notice 119 of 2001, Legal Notice 159 of 2001, Legal Notice 104 of 2002, Legal Notice 179 of 2003, Legal Notice 83 of 2004, Legal Notice 97 of 2004, Legal Notice 65 of 2005, Legal Notice 56 of 2006, Legal Notice 111 of 2006, Legal Notice 33 of 2007, Legal Notice 89 of 2007, Legal Notice 145 of 2007, Legal Notice 118 of 2008, Legal Notice 173 of 2009, Legal Notice 90 of 2010, Legal Notice 47 of 2011, Legal Notice 78 of 2012, Legal Notice 93 of 2013, Legal Notice 122 of 2013, Legal Notice 47 of 2014, Legal Notice 11 of 2015, Legal Notice 62 of 2016, Legal Notice 299 of 2017]
PART I – PRELIMINARY
1. |
Citation
These Rules may be cited as the Traffic Rules.
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2. |
Interpretation
In these Rules, unless the context otherwise requires—
“articulated vehicle” means any motor vehicle with a trailer having no front axle and so attached that part of the trailer is superimposed upon the motor vehicle and a substantial part of the weight of the trailer and of its load is borne by the motor vehicle (such trailer being called a semi-trailer);
“Authority” has the meaning assigned to it under the National Transport and Safety Authority Act (Cap. 404);
“authorized permit” means a permit issued under rules 7(6) and 94 of these Rules;
“foreign”, in relation to any vehicle, means a vehicle registered in a country outside Kenya;
“laden weight” of a vehicle means the weight of the vehicle and its load when the vehicle is stationary and ready for the road, and includes the weight of the driver and of any other person carried for the time being;
“night” means the interval between 6:45 o’clock in the evening and 6:15 o’clock in the morning of the next succeeding day;
“overall length” means the overall length of a vehicle exclusive of any starting handle and any hood when down;
“overall width” means the width measured between parallel planes passing through the extreme projecting points of the vehicle exclusive of any driving mirror;
“overhang” means the distance measured horizontally and parallel to the longitudinal axis of the vehicle between two vertical planes at right angles to such axis, the one passing through that point of the vehicle (exclusive of any hood when down) which projects furthest to the rear and the other passing—
(a) |
in the case of a motor vehicle having two axles one of which is not a steering axle, through the centre point of that axle;
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(b) |
in the case of a motor vehicle having three axles—
(i) |
where the front axle is the only steering axle, through a point four inches in rear of the centre of a straight line joining the centre points of the rear and middle axles; |
(ii) |
where the rear axle is the only steering axle, through the centre point of the middle axle; |
(iii) |
where all the axles but one are steering axles, through the centre point of the rearmost axle which is not a steering axle; |
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(c) |
in the case of a motor vehicle (whether having two axles or three axles) where all the axles are steering axles, through a point situated on the longitudinal axis of the vehicle and such that a line drawn from it at right angles to that axis will pass through the centre of the minimum turning circle of the vehicle;
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“overtaking” means passing or attempting to pass any other vehicle proceeding in the same direction;
“pneumatic tyre” means a tyre which complies in all respects with the following requirements—
(a) |
it shall be provided with a continuous close chamber containing air at a pressure substantially exceeding atmospheric pressure when the tyre is in the condition in which it is normally used, but is not subjected to any load;
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(b) |
it shall be capable of being inflated and deflated without removal from the wheel or vehicle;
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(c) |
it shall be such that, when it is deflated and is subjected to a normal load, the sides of the tyre collapse;
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“reflective material” means material complying with the specifications contained in Part I of the Tenth Schedule;
“seat belt” means a restraining harness fitted in a motor vehicle to be worn by a person occupying a seat in the motor vehicle, which harness shall—
(i) |
when worn, consist of a diagonal portion extending from the wearer’s shoulder to the opposite hip and a lap strap extending across the wearer’s lap; |
(ii) |
be so constructed and anchored as to allow for its adjustment to accommodate variation of physical size of the wearer; and |
(iii) |
be constructed and anchored and fitted in accordance with the standard and specifications established under the Standards Act (Cap. 496) by the Kenya Bureau of Standards, or approved by the Kenya Bureau of Standards, for materials, fastenings, anchorages and operations for seat belts; |
“towed vehicle” means any vehicle which is being towed by any other vehicle by means of any device whatsoever, but does not include any sidecar attached to a motorcycle nor any trailer forming part of an articulated vehicle;
“traffic lane” means, where any road has been divided into two or more sections by any markings on the road surface or by any physical means providing for the use of the road by two or more lines of traffic in one direction, any such section;
“wheelbase” of a vehicle means the distance from the centre of the front axle—
(a) |
in the case of a vehicle with two axles, to the centre of the rear axle;
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(b) |
in the case of a vehicle with three axles, to a point four inches behind a line midway between the two rear axles;
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(c) |
in any other case, to a point on the longitudinal axis of the vehicle being the point from which a line, if projected at right angles, will pass through the centre of the minimum turning circle of the vehicle.
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[L.N. 181/1969, r. 2, L.N. 63/1974, r.2, L.N. 9/1975, r. 2, L.N. 361/1986, r. 2, L.N. 122/2013, r. 2.]
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3. |
Offence under Act and Rules
Where any act or omission is an offence under the Act and these Rules, nothing in these Rules shall be deemed to affect the liability of any person to be prosecuted under the Act:
Provided that no person shall be prosecuted twice for the same act or omission.
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4. |
Fees
The fees set out in Part I of the First Schedule shall be payable in regard to the respective matters therein contained.
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5. |
Forms, marks, etc.
(1) |
Every application, licence or other document, and every badge or mark, prescribed under the Act or these Rules shall, except as otherwise provided, be made in conformity with the appropriate form set out in the Second Schedule.
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(2) |
On the first licensing of any vehicle, the applicant for such licence shall apply in Form I, and thereafter every application for a licence or transfer in respect of that vehicle shall be made in Form II, in the Second Schedule.
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(3) |
When no other provision is specifically made, any authority or person having power to issue any certificate or licence under the Act shall, on proof to his satisfaction that such certificate or licence has been lost or destroyed, and on payment of the prescribed fee, issue a duplicate of the certificate or licence to the person entitled thereto.
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(4) |
The badge referred to in section 98(5) of the Act shall be in the form set out in the Third Schedule.
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PART II – REGISTRATION AND LICENSING OF VEHICLES
6. |
Identification marks
(1) |
The identification mark of a vehicle assigned pursuant to subsection (5) of section 6 of the Act shall include the letter or letters indicating the place where the vehicle is registered as provided for by the Registrar, and a number that shall be assigned to the vehicle by the licensing officer.
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(2) |
An identification plate issued to a dealer with a dealer’s general licence under subsection (1) of section 23 of the Act shall include the letters K.G., and a number that shall be assigned by the Registrar.
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6A. |
Deregistration
The deregistration certificate provided for under section 6A(2) of the Act, shall be in Form XXIX set out in the Second Schedule.
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6A. |
Personalised number plates
(1) |
A person may apply to the Authority to be issued with personalised number plates upon payment of the fees prescribed in the First schedule.
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(2) |
Where a personalised registration number is transferred to another vehicle, an amount equivalent to two per cent of the fees payable for personalised registration fee under paragraph (1) shall be payable over and above the normal registration fee.
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(3) |
The following class of motor vehicles may not be issued with personalized identification plates—
(b) |
cargo Trucks (private or for hire);
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(c) |
service vehicles (ambulance and funeral hearse);
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(4) |
An application for a personalised registration shall be made to the Authority who may process and approve or reject the application.
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(5) |
Where a person intends to use the personalized identification plates on another motor vehicle upon disposal of a vehicle which initially had a personalized identification plate, a retention certificate may be issued by the Authority for a period not exceeding six months.
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(6) |
The personalized identification plates shall, where it is not used within six months, be returned to the safe keeping.
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(7) |
A registration plate of a County Government vehicle used by persons occupying the office of the Governor—
(a) |
may with prior approval of the Cabinet Secretary, have on it the inscriptions specified in the second column for the County specified in the first Column of the Thirteenth Schedule; and
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(b) |
shall be strictly fixed on the official motor vehicle of the Governor and shall not be interchanged without prior approval of the Authority.
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(8) |
Any person who uses unauthorized personalized number plates commits an offence and is liable on conviction to a fine not exceeding five hundred thousand shillings or to imprisonment for a term not exceeding five years cars, or both.
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6B. |
Motor Vehicles of County Government
All motor vehicles belonging to the County Government shall bear the registration series specified in the second column for the County specified in the first column of the Fourteenth Schedule.
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7. |
Identification plates
(1) |
Revoked by L.N. 62/2016, r. 20.
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(2) |
Revoked by L.N. 62/2016, r. 20.
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(3) |
Revoked by L.N. 62/2016, r. 20.
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(4) |
Revoked by L.N. 62/2016, r. 20.
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(5) |
Where a vehicle is registered in Burundi, Ethiopia, Rwanda, Somalia, Sudan, Tanzania, Uganda, Zaire or Zambia in addition to being registered under the Act, nothing in this rule shall be construed so as to prohibit the simultaneous exhibition of identification plates carried pursuant to the law of any such country and identification plates carried pursuant to section 12 of the Act.
[L.N. 181/1969, L.N. 209/1971, L.N. 231/1973, L.N. 47/1974, L.N. 63/1974, r. 3, L.N. 9/1975, r. 4, L.N. 130/1977, Corr. No. 34/1977, L.N. 108/1979, L.N. 5/1983, L.N. 44/1984, r. 2, L.N. 62/2016, r. 20.]
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7A. |
Authorization permits
(1) |
Any person who brings a foreign vehicle to Kenya by road or by other means shall report the presence of such vehicle to a licensing officer at the nearest point of entry or at any Government office where vehicle licences are normally issued and shall submit an application in the prescribed form for an authorization permit which shall be accompanied by the foreign vehicle registration book.
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(2) |
For the purpose of this rule, the points of entry and exit shall be Lunga Lunga, Taveta, Namanga, Isebania, Busia, Malaba, Mandera, Moyale, Liboi, Keekorok, Oloitokitok, Lwakhakha, Kilindini, Lamu and Lokichogio.
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(3) |
In the case of a private vehicle, the licensing officer may issue to the applicant free of charge, an authorization permit in the prescribed form valid for a period of seven days; and if the owner of the vehicle desires to keep the vehicle in Kenya for a period exceeding seven days, and there is not then in force in respect of the vehicle an international certificate, the Registrar may, on production of the authorization permit and payment of the prescribed fee, issue to the owner a licence for the vehicle valid for a period not exceeding three months but renewable on expiry:
Provided that the aggregate period during which the vehicle may be kept in Kenya shall not exceed twelve months.
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(4) |
No such fee or any part thereof shall be refundable to the owner if the owner takes or sends the vehicle out of Kenya before expiry of the licence; and on expiry of the licence the vehicle shall, on application by the owner, be registered and licensed in Kenya, or shall be removed from Kenya.
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(5) |
In the case of a foreign commercial or public service vehicle in respect of which there is not in force an international certificate or P.T.A. carrier licence the licensing officer may, on payment of the prescribed fee, issue in respect of the vehicle, an authorization permit in the prescribed form valid for a period not exceeding thirty days but renewable on expiry for an aggregate period not exceeding twelve months from the date of entry into Kenya and the owner shall, on expiration of the authorization period, remove the vehicle from or send it out of Kenya.
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(6) |
When removing the vehicles from Kenya, the owner shall produce to the licensing officer at the nearest point of exit the authorization permit or licence, as the case may be, and if the permit or licence has expired the prescribed fee for each day the vehicle has been in Kenya after the expiry of the permit or licence shall be payable.
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(7) |
Any person who contravenes or fails to comply with the provisions of this rule shall be guilty of an offence and liable—
(a) |
in the case of a first conviction, to a fine not exceeding two thousand shilling or imprisonment for a term not exceeding six months or both;
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(b) |
in the case of a second or subsequent conviction, to a fine not exceeding five thousand shillings or imprisonment for a term not exceeding one year or both.
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(8) |
This rule shall not apply to foreign vehicles owned or operated by Kenatco Transport Company Limited.
[L.N. 108/1979, L.N. 105/1982, L.N. 240/1992, L.N. 187/1994.]
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8. |
Manner of carrying licence
(1) |
Every vehicle licence issued under section 17 or 17A of the Act, and every public service vehicle licence issued under section 97 of the Act shall be carried on the vehicle—
(a) |
in the case of a motorcycle, in any prominent position on the cycle;
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(b) |
in the case of a motorcycle with side-car, either as provided in paragraph (a) or on the nearside of the side-car in front of the seat;
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(c) |
in the case of a trailer, on the nearside of the trailer;
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(d) |
in the case of all other vehicles, on the nearside of the vehicle in front of the front seat, and facing either forward or to the nearside of the road.
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(2) |
The licence shall be carried in a conspicuous and reasonably vertical position behind the glass of the wind-screen or nearside window, so that the front of the licence is clearly visible at all times by daylight to a person standing in front of the vehicle or to the left or near side thereof:
Provided that, in the case of a motorcycle or a vehicle not fitted with a windscreen or windows, the certificate shall be suitably carried in a weatherproof holder having a transparent face.
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(3) |
A dealer’s general licence shall be carried on the front identification plate issued with the licence, in the holder provided for that purpose.
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(4) |
A licence shall be removed as soon as it has expired and be replaced with a licence of current validity.
[L.N. 44/1984, s. 3, L.N. 7/1987, r. 2.]
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8A. |
Manner of carrying vehicle licence certificate
Every vehicle licence certificate issued under section 20A of the Act shall be carried on the vehicle in respect of which it is issued affixed to the identification plate.
[L.N. 110/1985, r. 2.]
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8B. |
[Deleted by L.N. 33 of 2007, r. 2.]
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9. |
Vehicles exempted from registration and licensing
(1) |
The following classes of vehicles shall be exempt from registration and licensing under Parts II and III of the Act—
(a) |
vehicles the property of the President;
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(b) |
vehicles owned by the armed forces;
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(c) |
deleted by L.N. 209 of 1971, r. 2;
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(d) |
vehicles used under the authority of a dealer’s general licence.
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(2) |
The following classes of vehicles shall be exempt from licensing under the Act:
(a) |
(iii) |
urban or area councils; |
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(b) |
vehicles used solely as ambulances by the St. John Ambulance Association or by the Kenya Red Cross Society;
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(c) |
vehicles owned and used solely by the Navy, Army and Air Force Institute;
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(d) |
vehicles the property of any country, or of any consular representative (if such consular representative is not engaged in any other business or profession in Kenya) of a country with which agreement exists with Kenya affording adequate reciprocity in the exemption of such vehicles from road traffic licensing;
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(e) |
vehicles which are used solely on any road or other place to which the public have no general right of access.
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[L.N. 256/1963, L.N. 311/1964, r. 2, L.N. 209/1971, r. 2.]
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PART III – DRIVING LICENCES AND TESTS
10. |
Vehicles requiring inspection report
The classes of motor vehicles in respect of which a licensing officer shall require production of an inspection report under section 17(2) of the Act shall be—
(c) |
heavy commercial vehicles.
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[L.N. 547/1959, r. 2, L.N. 311/1964, r. 3, L.N. 377/1964, r. 2.]
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10A. |
Inspection certificate
A vehicle inspection certificate issued under section 17A of the Act shall be in Form XXIIA set out in the Second Schedule and shall be displayed in the manner prescribed under rule 8.
[L.N. 7/1987, r. 2b.]
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11. |
Validity of licences and permits
(1) |
The following licences and permits shall be deemed to be driving licences in respect of the class or classes of vehicles for which they are issued, and throughout the period of their validity, except where otherwise hereinafter specified—
(a) |
a valid driving licence or driving permit issued in Uganda, Tanzania or Ethiopia;
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(b) |
a service driving permit issued by the Naval, Army or Air Force authorities, but only for the purpose of driving Naval, Army or Air Force vehicles on duty and subject to the permit being issued and used in compliance with any regulations or instructions in force in relation thereto;
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(c) |
a convention driving permit, held by a person resident outside Kenya;
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(d) |
a domestic driving permit issued in a country outside Kenya to a person resident outside Kenya, which shall be valid only for a period of ninety days from the date of the holder’s entry into Kenya;
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(e) |
where by reason of delays in printing or otherwise the form of driving licence prescribed in the Second Schedule is temporarily unavailable, the form prescribed in that Schedule as an interim driving licence:
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Provided that, notwithstanding the foregoing provisions of this paragraph, a permit of a kind referred to in subparagraph (c) or subparagraph (d) shall not be valid so as to permit a person under the age of eighteen years to drive a motor vehicle.
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(2) |
In paragraph (1)—
"convention driving permit" means an international driving permit issued under the authority of a country outside Kenya which is a party to the Geneva Convention on Road Traffic of 1926 or the United Nations Convention on Road Traffic of 1949;
"domestic driving permit" means a document issued under the law of a country outside Kenya authorizing the holder to drive motor vehicles, or a specified class or description of motor vehicles, in that country.
[L.N. 40/1981, r. 2.]
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12. |
Provisional licences
(1) |
A provisional licence shall be subject to the following conditions—
(a) |
the holder of the provisional licence shall not drive a motor vehicle unless he is, at all times whilst so driving, accompanied in the vehicle by a person sitting next to him who holds a valid driving licence for the class of vehicle concerned:
Provided that this paragraph shall not apply to the driving of—
(i) |
a motorcycle that is carried on two wheels without a sidecar attached; or |
(ii) |
a motor vehicle whose construction is such that it provides no accommodation for a person to sit next to the driver; |
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(b) |
the holder of the provisional licence shall not drive a motor vehicle unless, at all times whilst he is so driving, there is exhibited on the front and rear of such vehicle, in such a manner as to be plainly visible to any person in front of or behind the vehicle, a distinguishing mark in the form set out in the Fifth Schedule;
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(c) |
the holder of the provisional licence shall not—
(i) |
carry any passenger on a motorcycle that is carried on two wheels without a sidecar attached; |
(ii) |
drive any motor vehicle which is carrying passengers for hire or reward. |
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(2) |
Any person who, not being the holder of a provisional licence, drives any motor vehicle upon the front or rear of which is exhibited a distinguishing mark in the form set out in the Fifth Schedule shall be guilty of an offence.
[L.N. 181/1969, r. 4.]
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13. |
Driving test
(1) |
Any person who is required by the Act to pass a driving test shall apply in writing in the prescribed test application form to a licensing officer, who shall, on payment by the applicant of the prescribed fee, enter the date of payment and his signature, and the date, time and place allotted for the test, in the spaces provided for that purpose on the form.
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(2) |
The applicant shall produce his test application form, completed as aforesaid, to a driving test examiner appointed under subsection (3) of section 3 of the Act, who shall make arrangements for the driving test to be carried out, and shall either—
(a) |
if he is satisfied, having regard to the requirements and provisions of the Act, that the applicant is competent to drive the class or classes of vehicle named in the test application form, issue him with a certificate of competency in the prescribed form; or
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(b) |
if he is not so satisfied, endorse the test application form to the effect that the applicant has failed to pass the test, and shall in either case retain the test application form.
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14. |
Driving licence
(1) |
An applicant for a driving licence or provisional licence or for the endorsement of an existing licence in respect of another class or classes of vehicle, shall produce to a licensing officer—
(a) |
the application form and fee prescribed;
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(b) |
two unmounted copies of a recent photograph of the head and shoulders of the applicant, taken full face without hat, 45 millimetres long by 35 millimetres wide and printed on normal photographic paper;
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(c) |
his certificate of competency, licence or permit as required by paragraph (a) of subsection (1) of section 31 of the Act:
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Provided that subparagraphs (b) and (c) shall not apply to an applicant for a provisional licence only.
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(2) |
On receipt of the document or documents and fee required by paragraph (1), the licensing officer shall, if satisfied with regard thereto, arrange for the issue or endorsement, as the case may be, of the licence.
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15. |
Register of driving tests
There shall be kept by every driving test examiner a driving test register in which will be entered the name and address of every applicant for a driving test, the serial number of the test application form, the date on which such test was given, the result of such test and, if the applicant was issued with a certificate of competency, the number of the certificate and class of vehicles to which it related.
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16. |
Applicant to provide vehicle
Every person presenting himself for a driving test in accordance with rule 13 shall provide for that purpose a vehicle, in good roadworthy condition, of the class named in the test application form.
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17. |
Driving tests-classes of vehicles
For the purpose of paragraph (a) of subsection (1) of section 31 of the Act, any person who has passed a test of competence to drive a motor vehicle of the class or type specified in the first column of the Sixth Schedule shall be deemed to have passed a test of competence to drive all motor vehicles of such other classes or types as are specified in the second column of that Schedule in relation to such first-mentioned class or type:
Provided that any person who has passed a test of competence to drive a heavy commercial vehicle or motor omnibus shall be deemed to have passed a test of competence to drive a matatu.
[L.N. 341/1989, r. 2.]
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PART IV – CONSTRUCTION, EQUIPMENT AND USE OF VEHICLES
18. |
Wheels and tyres of motor vehicles and trailers
(1) |
No motor vehicle (other than a road roller) or trailer shall be driven on any road unless it is fitted with wheels and adequately inflated pneumatic tyres, or other type of wheel or tyre approved in writing by the highway authority:
Provided that—
(i) |
a tractor normally used for agricultural purposes may be fitted with solid rubber tyres on the front wheels; but any such tractor shall only be driven on a road whilst proceeding to or from work or being delivered to a new owner; |
(ii) |
in special circumstances the highway authority may on a particular occasion issue a permit, subject to such conditions as it may impose, for a vehicle to be so driven which does not comply with this rule. |
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(2) |
A recut pneumatic tyre shall not be fitted to any wheel of a motor vehicle.
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(3) |
In subrule (2), "recut pneumatic tyre" means a pneumatic tyre in which an existing tread pattern has been cut or burnt deeper or a new tread pattern has been cut or burnt, except where the pattern is cut entirely in additional material added to the type for the purpose.
[L.N. 93/1968, r. 2.]
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|
19. |
Wheels and tyres of other vehicles
(1) |
Subject to rule 18, no vehicle the gross weight of which exceeds 450 kg. shall, except on the written authority of the highway authority, be used on any road unless fitted with wheels and adequately inflated pneumatic tyres:
Provided that this paragraph shall not apply in respect of a road constructed or maintained solely for use by vehicles not fitted with pneumatic tyres.
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(2) |
No vehicle fitted with wheels without pneumatic tyres shall be used on a road if any wheel or tyre fitted to the vehicle is so defective that it does not bear evenly on the level surface when the vehicle is moving thereon.
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|
20. |
Wheels and tyres to be adequate
Every vehicle used on a road shall be equipped with such tyres and wheels as are adequate to carry safely the permitted maximum laden weight of the vehicle.
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21. |
Springs
Every motor vehicle, other than a tractor or motorcycle, shall be equipped with suitable and sufficient springs between each wheel and the frame of the vehicle.
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22. |
Brakes on motor vehicles
(1) |
Every motor vehicle shall be equipped with two entirely independent and efficient braking systems, or with one efficient braking system having two independent means of operation, in either case so designed and constructed that the failure of any single portion of any braking system shall not prevent the brakes on two wheels, or, in the case of a vehicle having less than four wheels, on one wheel, from operating effectively so as to bring the vehicle to rest within the distance and under the conditions specified in paragraph (10):
Provided that, in the case of a single braking system, the two means of operation shall not be deemed to be otherwise than independent solely by reason of the fact that they are connected either directly or indirectly to the same cross shaft.
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(2) |
In the case of a motor vehicle having more than three wheels and equipped with two independent braking systems, each such system shall be so designed and constructed that, if the brakes thereof act either directly or indirectly on two wheels, they shall act on two wheels on the same axle.
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(3) |
In all cases the brakes operated by one of the means of operation shall—
(a) |
be applied by direct mechanical action without the intervention of any hydraulic, electric or pneumatic device; and
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(b) |
act directly upon the wheels and not through the transmission gear.
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Brakes on steam-driven vehicles
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(4) |
In the case of a steam-driven vehicle, the engine of the vehicle shall be deemed to be one independent braking system if the engine is capable of being reversed, and is incapable of being disconnected from all the road wheels other than the steering wheels except by the sustained effort of the driver.
Brakes on trailers
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(5) |
(a) Every trailer having a permissible laden weight exceeding one ton or exceeding one-half of the unladen weight of the drawing vehicle shall be equipped with at least one braking device capable of—
(i) |
acting symmetrically on at least half the number of wheels on each side of the trailer; |
(ii) |
preventing the rotation of the wheels when the trailer is uncoupled; |
(iii) |
automatically stopping the trailer if the trailer becomes detached whilst in motion; and |
(iv) |
in the case of a trailer having a permissible laden weight exceeding 3,500 kg., being operated from the towing vehicle. |
(b) |
Every trailer whose permissible laden weight does not exceed one ton shall, unless fitted with a device capable of automatically stopping the trailer if the trailer becomes detached whilst in motion, be equipped in addition to the main towing attachment with a secondary attachment in the form of a chain or wire rope of adequate strength.
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|
(6) |
The provisions of paragraph (5) shall apply to every semi-trailer in an articulated vehicle:
Provided that a semi-trailer having a permissible laden weight exceeding 750 kg. shall be equipped with at least one braking device capable of being operated by applying the service brake from the drawing vehicle.
Brakes on combination of vehicles
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(7) |
Every combination of a motor vehicle and one or more trailers shall be equipped with brakes capable of controlling the movement of and of stopping the combination in an efficient, safe and rapid way under any conditions of loading on any up or down gradient on which it is operated.
Parking brakes
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(8) |
Except in the case of motorcycles with or without side-cars attached, every motor vehicle shall be equipped with a braking system so designed and constructed that it can be set so as effectually to prevent two at least, or in the case of a vehicle with only three wheels one, of the wheels from revolving when the vehicle is unattended.
Brakes on other vehicles
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(9) |
Every vehicle used on a road, other than as provided for in this rule, shall be equipped with a brake or brakes capable of bringing it to rest within a reasonable distance.
Braking efficiency
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(10) |
The braking system on every motor vehicle shall be so constructed and maintained as to bring the motor vehicle to a stop in a distance of 7.5 metres when running at a rate of 25 kilometres per hour on level ground; in order to measure the adequacy of a braking system under this paragraph it shall be lawful for any police officer or inspector to use a Tapley meter or other instrument of the like function, specified for the purpose by the Commissioner of Police, and any reading on such meter or instrument of less than 30 per cent shall be prima facie evidence of the inability of the brakes tested to conform to the requirements of this paragraph.
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22A. |
Fitting of seat belts
(1) |
No motor vehicle shall be used or driven on a road unless it is fitted with seat belts in the following manner:
Manner of Fitting:
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(1) |
A seat belt per seating position in a motor vehicle, and if seating accommodation is provided for more than two persons abreast, whether by a continuous seat known as a "bench seat" or by separate seats, the seat belts for the persons other than those seated next to the body of the vehicle may consist only of a lap strap position of seat belt.
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(2) |
The owner of any motor vehicle used or driven on a road contrary to paragraph (1) shall be guilty of an offence and liable to a fine of one thousand shillings for every seat that is not fitted or, if fitted, is not of the proper standard or specification.
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(3) |
No person shall be in a motor vehicle which is in motion on a road and occupy a seat in that vehicle in respect of which a seat belt is fitted in accordance with this rule without wearing the seat belt.
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(4) |
A person who does not wear a seat belt as required under paragraph (3) shall be guilty of an offence and liable to a fine of five hundred shillings.
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(5) |
It shall be the responsibility of the conductor of a public service vehicle, and where there is no conductor, the driver of that vehicle, to keep the seat belt in a clean, dry and generally wearable condition.
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(6) |
Any driver or conductor who contravenes paragraph (5) shall be guilty of an offence and liable to a fine of five hundred shillings.
[L.N. 361/1986, r. 3, L.N. 161/2003, r. 2, L.N. 179/2003, r. 2, L.N. 65/2005, r. 2(b).]
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23. |
Lights on motor vehicles
(1) |
Every motor vehicle shall be equipped with two lamps at the front of the vehicle, one on each side; and when a motor vehicle is in motion on a road at night the two lamps at the front of the vehicle shall be lighted and the rays from the lamps shall be white or yellow, and, if the vehicle is capable of proceeding at a speed greater than 30 kilometres an hour, shall be of such intensity as to illuminate the road ahead for a distance of at least 100 metres:
Provided that—
(i) |
a motorcycle shall show one such light as aforesaid, but if a side-car is attached to the motorcycle there shall be shown on that side of the side-car not adjacent to the motorcycle an additional light of sufficient intensity as to be visible for a distance of at least 150 metres at night; |
(ii) |
when a motor vehicle is in motion at night on a road lighted by electric lamps, it shall be lawful for such vehicle to show two lights in front of the kind and in the manner described in paragraph (2) in place of the lamps described in this paragraph. |
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(2) |
Every motor vehicle and every trailer not attached to a motor vehicle shall, when stationary on a road at night, other than in a car park or in a place reserved for parking in a street where adequate lighting is normally provided, show two lights in front, one at each side, of sufficient intensity to indicate the presence of the motor vehicle or trailer from a distance of 150 metres to approaching traffic:
Provided that a motorcycle not attached to a side-car shall show one such light as aforesaid.
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(3) |
Every motor vehicle or trailer, when on a road at night, and whether in motion or stationary, shall carry two lamps at the rear of the vehicle of such intensity as to indicate clearly within a distance of not less than 200 metres (in the absence of fog, mist or rain) its presence on the road to traffic approaching from behind, and the lamps shall—
(a) |
be mounted securely to the body-work or chassis of the vehicle at a height of not less than 20 cm and not more than 1.5 m;
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(b) |
be positioned so that they are not more than 10 cm inboard from the outer extremity of the body or chassis, and at least one lamp shall be so constructed as to provide an uncoloured light of sufficient intensity to illuminate clearly the figures and numbers on the rear identification plate unless other means of so illuminating that plate are provided:
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(i) |
where a trailer is attached to a tractor vehicle it shall be sufficient if the lamps are carried at the rear of the trailer; |
(ii) |
a motorcycle not attached to a side-car shall carry one lamp. |
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(4) |
(a) |
All lamps required by subrule (1) shall be equipped with a means of eliminating any dazzling effect produced by such lamps, but such elimination shall in every case leave sufficient light to illuminate clearly the road ahead for at least 25 metres.
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(b) |
Such elimination shall be effected—
(i) |
on the approach from the opposite direction of another vehicle; |
(ii) |
where in the interests of safety it is necessary; |
(iii) |
where the lamp is used pursuant to paragraph (7). |
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(5) |
No motor vehicle shall be equipped with more than one swivelling light.
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(6) |
No spot-light or swivelling light shall be used—
(a) |
in place of head-lights, save to complete a journey where the head-lights have been damaged;
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(b) |
in such a manner as to impede the vision of, or cause annoyance to, any user of the road.
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|
(7) |
Every motorcycle shall, when in motion in daylight hours, have its front lamp lighted.
[L.N. 44/1984, r. 4.]
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24. |
Lights on vehicles other than motor vehicles
Every vehicle other than a motor vehicle or trailer, when on a road at night whether in motion or stationary, shall—
(a) |
be equipped with two lamps showing a white light, so fixed and lighted as to indicate clearly to approaching traffic from a distance of 150 metres the presence and width of the vehicle and of any load carried thereon; and
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(b) |
two lamps to the rear so as to indicate clearly its presence on the road to traffic approaching from behind:
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(i) |
in the case of a bicycle, it shall be sufficient to show one only of the lamps referred to in paragraph (a) and paragraph (b); |
(ii) |
this rule shall not apply in respect of a vehicle stationary in a car park, or in a place reserved for parking in a street where adequate lighting is normally provided. |
[L.N. 181/1969, r. 5, L.N. 44/1984, r. 5.]
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25. |
Reflectors and warning signs
(1) |
In addition to the lamps required or permitted to be carried on vehicles under these Rules, reflectors and warning signs shall also be carried as follows—
(a) |
on a bicycle or a power-assisted bicycle—
(i) |
one red reflector fitted at the rear thereof not less than 45 centimetres above ground level; and |
(ii) |
on and after 1st January, 1970, a warning sign, securely affixed to the rear mudguard and extending upwards from the rear lower edge thereof, conforming to the dimensions and details set out in Part II of the Tenth Schedule: |
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Provided that, in the case of a bicycle or a power-assisted bicycle having a rear wheel the diameter of which does not exceed 50 centimetres—
(i) |
if such a bicycle is constructed so as to be suitable only for use by a child, nothing in this subparagraph shall apply thereto; and |
(ii) |
in any other case, such warning sign shall be mounted on a metal plate, above the rear wheel, or on the offside, of the vehicle and having the lower edge of the sign not less than 30 centimetres above ground level; |
(b) |
on a motorcycle that is carried on two wheels without a sidecar attached, one red reflector fitted at the rear thereof not less than 45 centimetres above ground level; |
(c) |
on a heavy vehicle, or on a trailer having a tare weight exceeding 225 kilograms— |
(d) |
on a medium vehicle on or after 1st January, 1970— |
(e) |
on a heavy vehicle or a medium vehicle two white, yellow or colourless reflectors on the front thereof fitted respectively not more than 30 centimetres from a line parallel to the longitudinal axis of the vehicle through the lateral extremity of the vehicle on each side, and placed at the same height which shall not be less than 75 centimetres and not more than 180 centimetres above ground level; |
(f) |
on any vehicle not hereinbefore in this rule specifically mentioned, one red reflector fitted on the offside rear of the vehicle not less than 50 centimetres and not more than 180 centimetres above ground level. |
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(2) |
Every reflector carried on a vehicle pursuant to this rule—
(a) |
shall be securely affixed to the vehicle so as to be clearly visible from directly in front of or behind such vehicle, as the case may be;
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(b) |
shall if circular, be not less than 4 centimetres in diameter or, if not circular, be of an area of not less than 12.5 square centimetres and be of such shape that a circle of 25 millimetres in diameter may be inscribed therein.
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|
(3) |
Where a rear light of a vehicle is so constructed that, when not showing a light, it is an efficient red reflector facing to the rear and complies with the provisions of this rule applicable to such vehicle, it shall be treated as being such a reflector when it is, as well as when it is not, showing a light.
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(4) |
Every warning sign required by this rule to be carried on a vehicle, and every reflective plate, shall at all times be maintained in a reasonably clean condition.
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(5) |
Where under this rule a warning sign is required is be mounted on a metal plate, such plate—
(a) |
shall, in all its surface dimensions, be no smaller than the corresponding dimensions of the warning sign concerned; and
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(b) |
shall be securely mounted on the body, chassis or frame of the vehicle at right angles to the longitudinal axis of the vehicle so that the warning sign is facing directly forwards or rearwards, as the case may be.
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(6) |
Where the structure of any vehicle is such that it is not possible to comply with the provisions of this rule relating to the size or position of warning signs which are applicable to such vehicle, such signs shall be fitted of such size and in such position as to comply with such positions as nearly as may be.
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(7) |
For the purposes of this rule and the Tenth Schedule to these Rules but not subrule (8) of this rule—
"commercial vehicle" means any motor lorry, truck, van (including a vehicle commonly known as a "pick up"), breakdown van or like motor vehicle, but does not include a vehicle commonly known as a "station wagon";
"heavy vehicle" means a motor vehicle, having a tare weight exceeding two tonnes, which is either a commercial vehicle or a public service vehicle;
"medium vehicle" means a motor vehicle, having a tare weight not exceeding two tonnes, which is either a commercial vehicle or a public service vehicle licensed to carry more than five passengers.
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(8) |
For the purposes of section 53(2)(aa) of the Act, the reflecting triangles shall be of the dimensions specified in Part IV of the Tenth Schedule and shall be constructed in accordance with the Kenya Standard Specification for portable reflective warning triangles for motor vehicles being standard No. KS 03–815: 1987.
[L.N. 225/1966, r. 2, L.N. 45/1967, r. 2, L.N. 181/1969, r. 6, L.N. 44/1984, r. 4, r. 6, L.N. 58/1989, r. 2.]
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25A. |
Motor cycles
(1) |
A person shall not ride on a motor cycle of any kind, class or description without wearing a helmet and a jacket that has reflectors.
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(2) |
A person who rides a motor cycle shall provide a helmet and a jacket that has reflectors to be worn by the passenger, and shall carry only one passenger at a time.
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(3) |
A passenger shall wear a helmet and a jacket which has reflectors as provided under paragraph (2).
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(4) |
Every motor cycle shall be insured against third party risks in accordance with the Insurance (Motor Vehicles Third Party Risks) Act (Cap. 405).
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(5) |
For the purposes of this regulation, a helmet shall be of such shape, construction and quality as may, from time to time, be prescribed by the Minister by notice in the Gazette.
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(6) |
A person shall not ride a motorcycle unless that person has a valid driving licence issued in accordance with the provisions of the Act.
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(7) |
For the purpose of this rule, "ride" means to operate, manage or to be in control of a motor cycle.
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(8) |
A person who contravenes or fails to comply with the provisions of this rule commits an offence and is liable to a fine of five thousand shillings or, in default of payment, to imprisonment for a term not exceeding three months.
[L.N. 173/2009, r. 2.]
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26. |
Silencers
Every motor vehicle propelled by an internal combustion engine or a compression ignition engine shall be so constructed that the exhaust gases from the engine cannot escape into the atmosphere without first passing through a silencer, expansion chamber or other contrivance suitable and sufficient for reducing as far as may be reasonable the noise which would otherwise be caused by the escape of those gases.
[L.N. 179/1972, r. 2.]
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27. |
Emission of smoke and sparks
(1) |
Every motor vehicle shall be so constructed, maintained and used that no smoke or visible vapour is emitted therefrom.
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(2) |
Every motor vehicle using solid fuel shall be fitted with an efficient appliance for the purpose of preventing the emission of sparks or grit, and also with a tray or shield to prevent ashes and cinders from falling on to the road.
[L.N. 179/1972, r. 3, L.N. 258/1972, r. 2.]
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28. |
Reversibility
Every motor vehicle whose weight unladen exceeds 8 cwt shall be so constructed and maintained as to be capable of travelling either forwards or backwards.
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29. |
Reflecting mirror
Every motor vehicle shall be equipped with a reflecting mirror, so constructed and fitted as to enable the driver to be or become aware of the presence in the rear of any other vehicle.
[L.N. 44/1984, r. 7.]
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30. |
Windscreens and windows
(1) |
Every motor vehicle shall be so designed, constructed and used that the driver controlling it has a full view of the road and traffic ahead.
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(2) |
The windscreen and windows of every motor vehicle shall be kept free from the application of any material which has, or is capable of having, reflective properties.
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(3) |
The windscreen of every motor vehicle shall be kept in such condition that the driver’s view is not impeded.
[L.N. 26/1975, r. 2.]
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31. |
Vehicles steered from left-hand side
(1) |
Every motor vehicle registered in Kenya which is steered from the left or nearside shall have painted on the rear left side a white arrow pointing to the left, such arrow to be not less than one foot long and two inches broad and to be clearly visible to traffic approaching from behind.
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(2) |
Every motor vehicle registered in Kenya, other than a commercial vehicle, which is steered from the left or nearside shall be equipped with direction indicators of a type mentioned in rule 32 and shall be fitted at the rear with a red light which lights up when the brakes are applied.
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(3) |
Every commercial vehicle registered in Kenya which is steered from the left or nearside shall be equipped with mechanical direction indicators capable of being worked by hand by the driver; and shall be fitted at the rear with a red light which lights up when the brakes are applied.
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32. |
Types of direction indicators
(1) |
Subject to rule 31, when a motor vehicle is equipped with direction indicators, such indicators shall be of one of the following types—
(a) |
a movable arm capable of protruding beyond each side of the vehicle and illuminated by a steady amber light when the arm is in the horizontal position;
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(b) |
a constantly blinking or flashing amber light affixed to each side of the vehicle;
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(c) |
a constantly blinking or flashing light placed at each side of the front and rear of the vehicle; the colour of such lights shall be white or orange towards the front and red or orange towards the rear.
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(2) |
No lights on any motor vehicle, with the exception of direction indicators, shall be flashing or blinking lights.
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33. |
Safety glass
The glass of any windscreens and windows facing to the front on the outside of any motor vehicle shall be of a type which, upon impact, does not fly into fragments capable of causing severe cuts:
Provided that this rule shall not apply to any vehicle which was first registered in Kenya before the 1st January, 1930.
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34. |
Warning instruments
(1) |
Every motor vehicle and bicycle shall be fitted with an instrument capable of giving audible and sufficient warning of its approach or position:
Provided that no such instrument shall consist of a gong bell (other than a bicycle bell) or siren, except in the case of a vehicle being used for fire brigade, ambulance or police purposes.
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(2) |
Every driver of a motor vehicle or bicycle shall, when it is necessary for the safety or convenience of the public, give audible warning of his approach or position by using the warning instrument required by this rule.
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(3) |
When a motor vehicle is stationary on a road or parking place, no person shall use or permit to be used in connection therewith any warning instrument, except when such use is necessary on grounds of safety; and no such instrument shall be used in such a manner as to be a nuisance to the public.
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35. |
Wings
(1) |
Every motor vehicle other than a tractor shall be fitted with wings or other similar fittings to catch, so far as practicable, mud, water or stones thrown up by the rotation of the wheels, unless adequate protection is afforded by the body of the vehicle:
Provided that this rule shall not apply to a vehicle which is being driven to any place for the purpose of having bodywork fitted or repaired.
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(2) |
Every bicycle and power-assisted bicycle shall be fitted with an adequate rear mudguard extending from a point forward of the saddle bracket rearwards over and around the rear wheel to a point no higher from ground level than the hub of that wheel.
[L.N. 181/1969, r. 7.]
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36. |
Trailer couplings
Whenever a trailer is attached to any vehicle, the couplings shall be efficient for the purpose, and shall be maintained in a safe condition.
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37. |
Speedometers
(1) |
Every motor vehicle shall be fitted with a speedometer for recording the speed of such vehicle with reasonable accuracy:
Provided that this rule shall not apply to any tractor, or any engineering or agricultural machinery, or any special vehicle constructed for use by a disabled driver, or any motorcycle the cylinder capacity of which does not exceed 100 c.c., or any vehicle which by reason of its construction is incapable of exceeding 30 kilometers per hour on level ground under its own power.
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(2) |
Every speedometer shall be fitted in such a manner as to be visible to the driver at all times, and shall be maintained in good working order.
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(3) |
Any person who drives or uses on a road a vehicle which does not conform to the requirements of this rule shall be guilty of an offence, unless he proves that it was not practicable, by reason of the make or type of the vehicle, or for other good reason, to fit or maintain a speedometer thereto.
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(4) |
In any case, it shall be no defence in any proceedings for exceeding a speed limit to plead that because a vehicle was not fitted with a speedometer, or because the speedometer fitted was not working, the driver was not aware of the speed of such vehicle.
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38. |
Windscreen wipers
An efficient windscreen wiper shall be fitted to every vehicle which is so constructed that the driver cannot, by opening the windscreen or otherwise, obtain an adequate view to the front of the vehicle without looking through the windscreen.
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38A. |
Public service vehicle plates
(1) |
Every public service vehicle, with the exception of matatus, shall display, on both front and rear elevations, a sign consisting of the letters "P.S.V." in black on a white background of such size as to be clearly visible at a distance of thirty metres.
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(2) |
Every public service vehicle operating as a matatu shall display, on both front and rear elevations, a sign consisting of the letters "P.S.V." in white on a blue background of such size as to be clearly visible at a distance of thirty metres.
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(3) |
The owner of a public service vehicle being driven on a road which does not carry a sign required by this rule shall be guilty of an offence and liable to a fine not exceeding one thousand shillings.
[L.N. 231/1973, r. 3, L.N. 145/1984, r. 2, L.N. 204/1984, r. 2.]
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39. |
Markings on commercial vehicles and trailers
The owner of every commercial vehicle or trailer shall cause to be painted or otherwise clearly marked in the English language in a conspicuous position on the right or offside of every such vehicle, in letters not less than one inch in height which shall at all times be kept clearly legible—
(a) |
the name and address of the owner of the vehicle;
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(b) |
the registered tare weight of the vehicle; and
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(c) |
the maximum weight the vehicle is authorized to carry.
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|
40. |
Trailer plates
The owner of every trailer or towed vehicle (other than a vehicle which requires to be towed on account of a breakdown) shall have affixed in a conspicuous position on the rear thereof the letter "T" in the form in the diagram contained in the Seventh Schedule.
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41. |
Weights and dimensions of vehicles
(1) |
(a) |
Subject to section 56 of the Act, the maximum weights and dimensions referred to in section 55(2) of the Act shall be as set out in the Twelfth Schedule.
|
(b) |
The volumes of liquid products not specified in the Thirteenth Schedule which may be loaded into each category of bulk liquid tank shall not exceed the axle load limits set out in this rule.
|
|
(2) |
A person who drives or uses on a road a vehicle in respect of which the weights set out in paragraph 2(1), (2) or (3) of the Twelfth Schedule are exceeded, shall as respects each overloaded axle or any excess over the maximum permitted weight, be guilty of an offence against section 58 of the Act, and shall, in respect of that offence, on convictions, pay a fine not less than the appropriate fine according to the following scale—
Degree of
Each
Axle
Overloading
or Excess
Gross
Weight in Kilograms
(kg.)
|
Fine (Ksh)
|
Fine on
Second or
Subsequent
Conviction (Ksh.)
|
Fine
on First Conviction
(Ksh.)
|
Less than 1,000kg....
|
5,000
|
10,000
|
1,000 kg or more but less than 2,000kg....
|
10,000
|
20,000
|
2,000kg or more but less than 3,000kg....
|
15,000
|
30,000
|
3,000kg or more but less than 4,000kg....
|
20,000
|
40,000
|
4,000kg or more but less than 5,000kg...
|
30,000
|
60,000
|
5,000kg or more but less than 6,000kg.....
|
50,000
|
100,000
|
6,000kg or more but less than 7,000kg.....
|
75,000
|
150,000
|
7,000kg or more but less than 8,000kg......
|
100,000
|
200,000
|
8,000kg or more but less than 9,000kg.....
|
150,000
|
300,000
|
9,000kg or more but less than 10,000kg.....
|
175,000
|
350,000
|
10,000kg or more .....
|
200,000
|
400,000
|
|
(3) |
The volumeric capacity of a vehicle, trailer or mounted tank, constructed for the purpose of transporting liquids in bulk, shall not exceed the maximum volume provided in the following scale—
Type
of Vehicle
or Trailer
|
Maximum
Volume
Bulk
Liquid Tank
|
(i) Two-axle goods vehicle not exceeding 7,000kg. tare weight................
|
11 cubic metres
|
(ii) Three-axle goods vehicle not exceeding 7,000kg. tare weight............
|
18 cubic metres
|
(iii) Three-axle goods vehicle whose tare weight exceeds 7,000kg. but does not exceed 10,000kg.............
|
14 cubic metres
|
(iv) Two-axle draw bar trailer not exceeding 6,000kg. tare weight................
|
12 cubic metres
|
(v) Three-axle draw bar trailer not exceeding 8,000kg. tare weight...............
|
17 cubic metres
|
(vi) Three-axle semi-trailer drawn by a three-axle prime mover not exceeding 18,000kg. total tare weight....................
|
35 cubic metres
|
(vii) Three-axle semi-trailer drawn by a two-axle prime mover not exceeding 17,000kg. total tare weight..................
|
28 cubic metres
|
(viii) Two-axle semi-trailer drawn by a three-axle prime mover not exceeding 17,000kg.total tare weight......................
|
24 cubic metres
|
(ix) Two-axle semi-trailer drawn by a two-axle prime mover not exceeding 15,000kg. total tare weight......................
|
19 cubic metres
|
|
(4) |
(a) |
The maximum volumes of specific liquid products permitted to be loaded into each category of bulk liquid tank shall be those specified in the Thirteenth Schedule.
|
(b) |
No person shall load for transportation on a public road quantities of bulk liquid exceeding those specified under subparagraph (a).
|
(c) |
No person shall transport on a public road quantities of bulk liquid exceeding those specified under subparagraph (a).
|
|
(5) |
(a) Every tank mounted on a vehicle or trailer for the purpose of transporting bulk liquids shall have depicted on or affixed to each side a sign or legend of the dimensions specified in the Thirteenth Schedule detailing the following—
(i) |
the type of vehicle, trailer or vehicle-trailer combination on which it is mounted depicted pictorially clearly showing the axle configuration and volume of tank expressed in cubic metres; |
(ii) |
the maximum volume of bulk liquid permitted of each type of liquid product capable of being transported in the tank as specified in the Thirteenth Schedule, appearing in tabular form below the pictoral illustration specified under subparagraph (i): |
Provided that vehicles transporting liquids in bulk which are not specified in the Thirteenth Schedule shall only bear the pictoral illustration specified in subparagraph (i);
(b) |
in the case of semi-trailers drawn by a tractor or prime mover, the sign or legend shall depict, in addition to the volume of the tank, the axle configuration of the trailer and the tractor or prime mover drawing the trailer;
|
(c) |
in the case of vehicles where the possibility of one or more different prime movers in terms of axle configuration exists, all relevant signs or legends shall be affixed to the site of the tank;
|
(d) |
the maximum volumes of each type of liquid product capable of being transported in a particular semi-trailer mounted tank shall reflect the axle configuration of the tractor or prime mover;
|
(e) |
the signs or legends under subparagraph (a) shall consist of black characters on a white background, and shall be located on each side of the tank midway between the top and the base of the tank at the point nearest to the end of the tank which is closest to the front of the vehicle or trailer and the means of providing the sign or legend shall be at the discretion of the owner of the vehicle or trailer:
|
Provided that such means shall ensure the durability and legibility of the sign or legend under the conditions prevailing during transport operations.
|
(6) |
(a) |
Any person who contravenes the provisions of paragraphs (3), (4)(b) and (5) shall be guilty of an offence and liable on conviction to a fine not exceeding ten thousand shillings or to imprisonment for a term not exceeding three months or to both;
|
(b) |
Any person who contravenes the provisions of paragraph (4)(c) shall, as respects each overloaded axle or any excess over the maximum permitted weight, be guilty of an offence against section 58 of the Act, and shall, on conviction, pay a fine not less than the appropriate fine according to the scale set out under rule 41(2).
|
[L.N. 9/1967, r. 2, L.N. 199/1967, r. 2, L.N. 140/1969, r. 2, L.N. 30/1971, r. 2, L.N. 165/1981, r. 2, L.N. 25/1984, r. 2, L.N. 44/1984, r. 8, L.N. 154/1984, r. 2, L.N. 308/1986, r. 2, L.N. 267/1987, r. 2, L.N. 351/1987, L.N. 10/1991, r. 2, L.N. 270/1991, r. 2, L.N. 112/1999, r. 2(a), L.N. 118/2008.]
|
|
41A. |
Fitting of speed governors
(1) |
(a) |
every public service vehicle, except taxi cabs;
|
(b) |
every commercial vehicle whose tare weight exceeds 3048 kg.
|
shall be fitted with a speed governor which—
(i) |
conforms to such specifications as the Minister may by notice in the Gazette prescribe; |
(ii) |
is adjusted so that all times, and in any load condition, the vehicle cannot exceed the speed of 80 kph. |
|
(2) |
Every vehicle to which this rule applies shall have exhibited on it a certificate issued by a certifying officer to the effect that it is fitted with the speed governor complying with the prescribed specifications.
[L.N. 308/1986, r. 2, L.N. 352/1995, r. 2, L.N. 161/2003, s. 2(a), L.N. 83/2004, r. 2, L.N. 97/2004, r. 2, L.N. 65/2005, r. 2(c).]
|
|
PART V – SPECIAL PROVISIONS RELATING TO MOTOR OMNIBUSES AND MATATUS
42. |
Body construction
The body of a motor omnibus or matatu shall be so constructed and maintained as to provide adequate safety for persons travelling therein.
[L.N. 146/1984, r. 4.]
|
43. |
Wheel tracks
The distance between the wheel tracks of the front or of the rear wheels of a motor omnibus, taken from centre in line with the axles, shall not be less than 1.42 metres, and shall in every case be sufficient to ensure the stability of the vehicle.
|
44. |
Doors and steps
(1) |
Every motor omnibus shall be provided with at least two exits, one of which may be an emergency window or panel as referred to in rule 45.
|
(2) |
At least one such exit shall be fitted with a door or doors, except where the omnibus has been licensed to carry standing passengers as well as sitting passengers, and each such, door shall be not less than 450 millimetres in width, and shall be so constructed as to permit of the free entrance and exit of passengers at all times.
|
(3) |
Steps shall be provided at each doorway with suitable supports to assist persons when entering or leaving the omnibus.
|
(4) |
The lowest step shall not be more than 450 millimetres above the ground, the rises of all steps shall be closed and the treads of steps shall be fitted with a form of tread-plate approved by an inspector.
|
(5) |
There shall be no entrance on the offside of the omnibus other than the driver’s door.
[L.N. 92/1985, Sch.]
|
|
45. |
Emergency window or panel
(1) |
Every motor omnibus registered in Kenya shall be fitted with an emergency window or panel capable of immediate release in case of accident.
|
(2) |
Emergency windows or panels shall be—
(a) |
where the-overall width of the omnibus is less than 2.44 metres, at least 1.22 metres by 440 millimetres in size;
|
(b) |
where the overall width of the omnibus is 2.44 metres or more, at least 1.53 metres by 440 millimetres in size.
|
|
(3) |
Emergency windows or panels shall be marked as such and instructions for opening such windows or panels shall be clearly shown thereon.
|
(4) |
Emergency windows or panels shall be kept in working order, and shall be tested at least once every month while the omnibus is in use, and may be tested at any reasonable time by an inspector or by a police officer.
[L.N. 92/1985, Sch.]
|
|
46. |
Access to doors and emergency exits
(1) |
There shall be a clear passage to all doors and the emergency window or panel for all passengers in a motor omnibus:
Provided that this subrule shall not apply to an omnibus constructed to carry separate classes of passengers if a separate door and emergency panel is provided for each class.
|
(2) |
No seat, luggage, parcel or other object shall be placed in a motor omnibus so as to obstruct persons attempting to reach any door, emergency window or panel.
|
|
47. |
Ventilation
There shall be adequate ventilation for both the passengers and the driver of a motor omnibus or matatu without the necessity of opening the sides thereof or any main windows or windscreen.
[L.N. 146/1984, r. 4.]
|
48. |
Interior illumination
(1) |
The inside of every motor omnibus or matatu shall be adequately illuminated when on a road at night; all wires conveying electric current shall be so installed and insulated as not to be a source of danger to persons using the omnibus or matatu.
|
(2) |
Means shall be provided to prevent light from the inside of the omnibus or matatu from incommoding the driver.
[L.N. 146/1984, r. 4.]
|
|
49. |
Destination indicators
Every motor omnibus or matatu shall have at least one suitable indicator which shall show clearly the destination of the omnibus.
[L.N. 146/1984, r. 4.]
|
50. |
Signalling devices
Every motor omnibus or matatu shall be fitted with a bell or other suitable device for the purpose of enabling passengers to signal to the driver or conductor.
[L.N. 146/1984, r. 4.]
|
51. |
Internal height
The internal height of a motor omnibus in the centre line of the omnibus from its floor to the inside of the roof shall not be less than 1.68 metres.
|
52. |
Clearance
All the underparts of a motor omnibus inside the pivots of the front axle and steering arms, as far back as the rear axle, shall clear the ground by at least 18 millimetres; and in calculating such clearance allowance shall be made for wear of tyres and springs and other causes likely to reduce clearance.
|
53. |
Windscreen
Every motor omnibus or matatu registered in Kenya shall be fitted with a windscreen which shall be made of safety glass.
[L.N. 146/1984, r. 4.]
|
54. |
Windows
(1) |
Every motor omnibus or matatu registered in Kenya shall be fitted with adequate window space.
|
(2) |
Every such space shall be capable of being closed, but only by glass of adequate strength or canvas.
|
(3) |
Where such window spaces are closed with glass, every alternate window in the sides of the omnibus or matatu shall be capable of being opened.
[L.N. 146/1984, r. 4.]
|
|
54A. |
Tinted motor vehicle windows
(1) |
A person shall not drive or operate a public service vehicle that is fitted with tinted windows or tinted windscreen.
|
(2) |
For the purposes of this rule, "tinted" means shaded, coloured or treated in a similar manner so that the persons or objects inside are not ordinarily seen clearly from outside.
[L.N. 173/2009, r. 3.]
|
|
55. |
Name-plates
The owner of every motor omnibus or matatu shall cause to be painted or otherwise clearly marked in the English language in a conspicuous position on the right or offside of every such vehicle in letters not less than one inch in height which shall at all times be kept clearly legible—
(a) |
the name and address of the owner of the vehicle;
|
(b) |
the route the vehicle operates on as allocated by the Transport Licensing Board;
|
(c) |
the registered tare weight of the vehicle in kg; and
|
(d) |
the number of passengers the vehicle is licensed to carry.
|
[L.N. 146/1984, r. 4, L.N. 161/2003, r. 2(c), L.N. 83/2004, r. 2.]
|
55A. |
Horizontal band on matatus
(1) |
With effect from 4th August 2005, every matatu shall have painted on both sides and on the rear, a broken horizontal yellow band having a width of 150 millimetres and of a consistency sufficient to enable such band to be clearly visible by day at a distance of at least 275 metres.
|
(2) |
The portions of the horizontal band referred to in paragraph (1) which are not of the yellow colour shall be of the colour of the motor vehicle as specified in the vehicle's registration book.
|
(3) |
The portions of the horizontal band referred to in paragraph (1) which are not of the yellow colour shall not be more than 10 centimetres in width and shall be separated by yellow portions of not less than 60 centimetres in width.
|
(4) |
If the main body-work of a matatu is so coloured such that the yellow portions of the band required under this rule do not contrast prominently therewith so as not to be clearly visible by day at a distance of at least 275 metres, then there shall be painted parallel to, and continuous to the yellow band, a band of the same dark colour and of the width of not less than 75 millimetres on either side.
|
(5) |
The band referred to in paragraph (4) shall be of sufficient consistency to enable the broken yellow band to be clearly visible by day at a distance of at least 275 metres.
|
(6) |
There shall be prominently exhibited in every matatu a recent photograph of the head and shoulders of the driver who for the time being has charge of the matatu and the photograph shall be taken full face without hat, of postcard size and such photographs shall be—
(a) |
of such nature and so displayed in a conspicuous place in the matatu so as to enable any person entering, seated in or alighting from the matatu to clearly see the photograph; and
|
(b) |
approved by a police officer of, or above, the rank of Assistant Superindent and having endorsed on the reverse of the photograph the particulars of the driver's identity card, his public service vehicle licence and driver's licence, and the signature of the police officer signifying such approval.
|
|
|
56. |
Fire extinguishers and first aid outfits
(1) |
Every motor omnibus or matatu shall carry an efficient fire extinguisher, which shall be maintained in perfect order and shall be carried in such a position as to be readily available for use at any time.
|
(2) |
Every motor omnibus or matatu which operates outside the limits of a municipality shall carry a first-aid outfit sufficient to deal with any reasonable emergency; such outfit shall always be kept in first-class condition, and shall be available for inspection at any time by a medical officer, an inspector of vehicles or any police officer.
[L.N. 146/1984, r. 4.]
|
|
57. |
Conductors
Every motor omnibus and every matatu carrying passengers for hire or reward shall carry a conductor licensed under section 98 of the Act:
Provided that the Commissioner of Police may, if he is of the opinion that a conductor is not necessary for, the safe operation of the vehicle and the safety of the passengers, grant written exemption from the requirements of this rule in respect of any motor omnibus, subject to such conditions, if any, as may be imposed in such written exemption, which shall at all times be carried on the vehicle to which it relates.
[L.N. 65/2005, r. 2(d).]
|
58. |
Trailers
No motor omnibus and every matatu, while carrying passengers, shall tow a trailer or be towed by another vehicle.
[L.N. 65/2005, r. 2(e).]
|
59. |
Routes
Every driver of a motor omnibus and every matatu shall, after leaving a stand or garage with passengers, proceed directly to the place or places included in the route of such motor omnibus without unnecessary delay, and shall not return to the place of departure except on the scheduled return journey, save in the event of a breakdown, or when ordered by a police officer or inspector so to return.
[L.N. 65/2005, r. 2(f).]
|
59A. |
Conduct of drivers
(1) |
No driver of any class of vehicle shall, while the vehicle is in motion, use a mobile phone or any other communication equipment not permanently fixed to the vehicle, which distracts or is likely to distract the driver from driving.
|
(2) |
A person who contravenes any of the provisions of paragraph (1) of this rule shall be guilty of an offence.
[L.N. 119/2001.]
|
|
60. |
Petrol, etc.
No petrol, kerosene or other inflammable liquid shall be carried in or on a motor omnibus or matatu except—
(b) |
in quantities not exceeding 36 litres placed in containers which are so constructed and maintained as to prevent leakage or evaporation; and such containers shall be carried on the rear portion of the roof of the vehicle in such manner as to prevent them from moving whilst the vehicle is in motion.
|
|
61. |
Luggage
(1) |
No luggage, goods, merchandise or bicycles shall be carried on or in any motor omnibus or matatu except on or in one of the following places, which places shall at all times be so maintained as to provide for the security of every such item—
(a) |
on the roof where guard rails have been fitted;
|
(b) |
in a special compartment provided for luggage.
|
|
(2) |
Notwithstanding anything contained in paragraph (1), light hand luggage or parcels may be carried inside a motor omnibus or matatu, with the permission of the conductor or of the driver where no conductor is carried.
[L.N. 146/1984, r. 4.]
|
|
PART VI – SPECIAL PROVISIONS RELATING TO DRIVERS, CONDUCTORS AND PASSENGERS OF MOTOR OMNIBUSES OR MATATUS
62. |
Interpretation of Part
In this Part—
"authorized person" includes the owner of the omnibus or matatu concerned or any person employed by him upon or in connection with such omnibus or matatu;
"passenger" means any person who is in or on, or is about to enter, a motor omnibus or matatu.
[L.N. 146/1984, r. 6.]
|
63. |
Conduct of drivers and conductors
The driver and the conductor of a motor omnibus or matatu—
(a) |
shall behave in a civil and orderly manner;
|
(b) |
shall not smoke in or on the omnibus or matatu when it has passengers on board;
|
(c) |
shall take all reasonable precautions to ensure the safety of passengers in or on, or entering or alighting from, the omnibus or the matatu;
|
(d) |
shall not wilfully deceive or refuse to inform any passenger omnibus or matatu as to the fare for any journey;
|
(e) |
shall not obstruct, and shall not, on request at any reasonable time, refuse or neglect to give all reasonable information and assistance to, any person having authority to examine the omnibus or matatu;
|
(f) |
shall not operate any musical instrument in such a manner as to be a nuisance to the passengers or other road users.
|
[L.N. 146/1984, r. 6, L.N. 166/1990, r. 2(a).]
|
64. |
Penalties under Part
The driver of a motor omnibus or matatu—
(a) |
shall not when the omnibus or matatu is in motion enter into conversation with the conductor or any other person without reasonable cause;
|
(b) |
shall, when picking up or setting down passengers, stop the omnibus or matatu as close as may be to the left or nearside of the road;
|
(c) |
shall not allow the matatu or omnibus to remain stationary on a road, except at a terminus or at a stand or place where the omnibus or matatu is specially authorized by law to stop;
|
(d) |
shall not pick or set down passengers, in any urban area, at a place that is not authorized as a bus stop or terminal.
|
[L.N. 146/1984, r. 6, L.N. 173/2009, r. 4.]
|
65. |
Conduct of conductor
The conductor of a motor omnibus or matatu—
(a) |
shall not when the omnibus or matatu is in motion, distract the driver’s attention without reasonable cause or speak to him unless it is necessary to do so in order to give directions as to the stopping of the omnibus or matatu;
|
(b) |
shall take all reasonable precautions to ensure that the route, fares and destination of the omnibus are clearly and correctly displayed by every means provided for the purpose;
|
(c) |
shall endeavour to the best of his ability to ensure the observance of the provisions of these Rules which relate to the conduct of passengers;
|
(d) |
shall not allow the matatu or omnibus to remain stationary on a road, except at a terminus or at a stand or place where the omnibus or matatu is specially authorized by law to stop;
|
(e) |
shall not be under the influence of drink or drugs;
|
(f) |
shall not direct the driver to pick or set down passengers, in any urban area, at a place that is not authorized as a bus stop or bus terminal.
|
[L.N. 146/1984, r. 6, L.N. 173/2009, r. 5.]
|
65A. |
Badges and uniform
(1) |
With effect from 31st December, 2003, every driver and every conductor of a public service shall wear a special badge and uniform.
|
(2) |
The uniform referred to in paragraph (1), shall in the case of a driver be navy blue in colour and in the case of a conductor be maroon in colour.
|
(3) |
The badges will be provided by the Registrar of Motor Vehicles upon payment of a prescribed fee.
|
(4) |
With effect from 1st February, 2004, every driver of a public service vehicle shall undergo compulsory testing after every two years to ascertain his or her competence.
|
(5) |
Every owner of a public service vehicle shall employ at least one driver and one conductor who shall be security vetted.
|
(6) |
Every conductor or driver of a public service vehicle shall only take up employment as such upon being vetted pursuant to paragraph (5) and shall be paid a permanent monthly salary by the owner of the public service vehicle.
[L.N. 161/2003, r. 2(d), L.N. 83/2004, r. 2.]
|
|
66. |
Conduct of passengers
(1) |
(a) |
use obscene or offensive language or conduct himself in a riotous or disorderly manner; or
|
(b) |
enter or alight from or attempt to enter or alight from the omnibus otherwise than by the doors or openings provided for the purpose; or
|
(c) |
when entering or attempting to enter the omnibus or matatu, wilfully and unreasonably impede any other person seeking to enter the omnibus or matatu or to alight therefrom; or
|
(d) |
enter or remain in or on the omnibus or matatu when requested not to do so by an authorized person on the ground that the omnibus or matatu is carrying its full complement of passengers; or
|
(e) |
travel in or on any part of the omnibus or matatu not provided for the conveyance of passengers; or
|
(f) |
wilfully do or cause to be done with respect to any part of the omnibus or matatu or its equipment anything which is calculated to obstruct or interfere with the working of the omnibus or matatu or to cause injury or discomfort to any person; or
|
(g) |
when the omnibus or matatu is in motion, distract the driver’s attention without reasonable cause or speak to him unless it is necessary to do so in order to make any request as to the stopping of the omnibus or matatu; or
|
(h) |
give any signal which might be interpreted by the driver as a signal from the conductor to start; or
|
(i) |
spit upon or from, or wilfully damage, soil or defile, any part of the omnibus or matatu; or
|
(j) |
when in or on the omnibus or matatu, distribute printed or similar matter of any description, or distribute any article, for the purpose of advertising; or
|
(k) |
wilfully remove, displace, deface or alter any number-plate, notice-board, fare table, route indicator or destination board or any printed or other notice or advertisement in or on the omnibus or matatu; or
|
(l) |
when in or on the omnibus or matatu, to the annoyance of other persons travelling therein use or operate any noisy instrument or otherwise make or combine with any other person or persons to make any excessive noise by singing, shouting or otherwise; or
|
(m) |
when in or on the omnibus or matatu, throw any money or other article to be scrambled for by any person on the road or footway; or throw out of the omnibus or matatu any bottle, liquid or litter or any article or thing likely to cause danger, injury or annoyance to any person or damage to any property; or
|
(n) |
attach to or trail from the omnibus or matatu any streamer, balloon, flag or other article in such manner as to overhang the road;
|
(o) |
wilfully obstruct or impede any authorized person in the execution of his duty; or
|
(p) |
smoke or carry a lighted pipe, cigar or cigarette on or on any part of the omnibus or matatu in respect of which a notice is exhibited declaring that smoking is prohibited; or
|
(q) |
when in or on the omnibus or matatu, beg or hawk any article for sale; or
|
(r) |
if his condition is such as to be offensive to other passengers, or the condition of his dress or clothing is such that it may reasonably be expected to soil or injure the lining or cushions of the omnibus or matatu or the clothing of other passengers, enter or remain in or on the omnibus or matatu after an authorized person has requested him either not or enter or to leave the omnibus or matatu and in such latter case has tendered to him the amount of any fare previously paid; or
|
(s) |
enter or travel in or on the omnibus or matatu with petrol or any dangerous or offensive article, or, except with the consent of an authorized person, bring into or on to the omnibus or matatu any bulky or cumbersome article or place any such article elsewhere in or on the omnibus or matatu than as directed by an authorized person; or
|
(t) |
bring any animal into or on to the omnibus or matatu without the consent of an authorized person, or retain any animal in or on the omnibus or matatu after being requested by an authorized person to remove it, or place any animal elsewhere in or on the omnibus or matatu than as directed by an authorized person; or
|
(u) |
fraudulently use or attempt to use any ticket which has been—
(i) |
altered or defaced; or |
(ii) |
issued to another person, if such ticket bears thereon an indication that it is not transferable; or |
|
(v) |
if he is in a state of intoxication, enter or attempt to enter, or having entered refuse to leave, the omnibus or matatu; or
|
(w) |
enter or alight from any omnibus or matatu while the omnibus or matatu is in motion, or attempt to do so; or
|
(x) |
alight or board a matatu or omnibus, in any urban area, at a place which is not authorized as a bus stop or bus terminal.
|
|
(2) |
(a) |
unless he is the holder of a ticket or, if no tickets are issued, has paid the fare in respect of that journey, immediately upon demand or, if no demand has been made, before leaving the omnibus or matatu, declare the journey he intends to take or has taken and pay the conductor the fare for the whole of such journey, and if tickets are issued accept the ticket provided therefor;
|
(b) |
if requested by an authorized person, leave the omnibus or matatu on completion of the journey for which he has paid;
|
(c) |
show his ticket on a route where tickets are issued, when required to do so by any authorized person, or in default thereof pay the fare for the journey taken or to be taken by him;
|
(d) |
if required to do so by an authorized person, surrender his ticket at the end of the journey covered by that ticket;
|
(e) |
if required to do so by an authorized person, surrender any period or season ticket held by him at the expiry of the period for which it was issued to him;
|
(f) |
if required to do so by an authorized person, surrender any ticket held by him in exchange for a new ticket covering the journey or journeys which he is still entitled to take.
|
[L.N. 146/1984, r. 6, L.N. 173/2009, r. 6.]
|
|
67. |
Powers of authorized persons and police
Any passenger who is reasonably suspected of contravening these Rules shall—
(a) |
give his name and address to a police officer or to the driver or conductor or other authorized person on demand;
|
(b) |
immediately quit the omnibus if requested to do so by the driver or conductor thereof;
|
(c) |
if he refuses to quit the omnibus or matatu after being lawfully requested to do so by the conductor or driver or by any police officer, be removed therefrom by such conductor driver or officer.
|
|
68. |
Lost property
(1) |
The conductor or, where there is no conductor, the driver of an omnibus or matatu shall, after the completion of each journey, search for any property left in the vehicle, and shall without undue delay take such property, unless it is first claimed by the owner, to the nearest police station, or hand it to a person authorized by the owner of the omnibus or matatu, who shall within seventy-two hours take such property to the nearest police station.
|
(2) |
All such property, if claimed by the owner within two months after the date on which it was brought to the police station, shall be delivered to the owner, and if not so claimed shall be sold by public auction and the net proceeds, after deducting all expenses, which shall include a reward fee for the finder thereof of a sum equal to twenty percent of the amount realised by such auction, shall be paid into the Consolidated Fund.
[L.N. 146/1984, r. 6.]
|
|
69. |
Penalties under this Part
A person who contravenes or fails to comply with any of the provisions of this Part commits an offence and is liable to a fine not less than ten thousand shillings and not exceeding fifteen thousand shillings or, in default of payment, to imprisonment for a term no exceeding six months.
[L.N. 166/1990, r. 2(b), L.N. 173/2009, r. 7.]
|
PART VII – SPECIAL PROVISIONS RELATING TO TAXICABS
70. |
Yellow bands
(1) |
With effect from 1st January, 2004, every taxicab shall have painted on both sides and on the rear a continuous horizontal yellow band having a width of 150 millimetres and of a consistency sufficient to enable such band to be clearly visible by day at a distance of not less than 275 metres.
|
(2) |
If the main body-work of a taxicab is so coloured that the yellow band required under this rule does not contrast prominently therewith so as to be clearly visible at a distance of at least 275 metres, then the main body-work, or so much of it as runs parallel to and at a distance of not less than 75 millimetres on either side of and contiguous to the aforesaid yellow band, shall be painted a dark colour of sufficient consistency to enable the yellow band to be clearly visible at the distance aforesaid.
[L.N. 161/2003, r. 5(e).]
|
|
71. |
Photographs
There shall be prominently exhibited in every taxicab a recent photograph of the head and shoulders of the driver who for the time being has charge of the taxicab and the photograph shall be taken full face without hat, of postcard size and such photograph shall be—
(a) |
of such nature and so displayed as to enable any person riding in the back of the taxicab clearly to identify the driver thereof with the photograph; and
|
(b) |
approved by a police officer of or above the rank of Assistant Superintendent and having endorsed on the reverse of the photograph the particulars of the driver’s identity card, public service vehicle licence and taxi driver’s licence, and the signature of such police officer signifying such approval as aforesaid.
|
[L.N. 161/2003, r. 5(e).]
|
72. |
Penalties under this Part
(a) |
contravenes or otherwise fails to comply with the provisions of this Part; or
|
(b) |
owns, drives, causes to be driven or has charge of a taxi-cab other than in accordance with the provisions of this Part,
|
shall be guilty of an offence and liable to a fine not exceeding six hundred shillings or, in default of payment, to imprisonment for a term not exceeding two months or to both.
[L.N. 161/2003, r. 5(e).]
|
PART VIII – TRAFFIC REGULATION
73. |
Meeting or overtaking traffic
(1) |
Every vehicle meeting or being overtaken by other traffic shall be kept as close to the left or nearside of the road as possible.
|
(2) |
Every vehicle overtaking other traffic shall be kept to the right or offside of such traffic.
|
(3) |
Animals which are being led may be passed or overtaken on whichever side is the safer.
|
(4) |
No vehicle shall be driven so as to overtake other traffic unless the driver of the vehicle has a clear and unobstructed view of the road ahead; the driver shall not overtake such traffic unless he sees that the road ahead is clear for a sufficient distance to enable him, after overtaking, to return to his proper side before he encounters any traffic coming from the opposite direction.
|
(5) |
No vehicle shall overtake other traffic when such vehicle is rounding a corner, or at any place where roads intersect or fork, or where a road passes over the brow of a hill or over a hump-backed bridge, or where the driver of the vehicle is unable to see sufficiently far ahead to enable him to overtake with safety.
|
(6) |
Any vehicle meeting another vehicle on a road shall, where necessary to allow safe passage for any reason, slow down, and the driver of an unladen vehicle shall give right of way to any laden vehicle in such circumstances.
|
(7) |
Vehicles ascending any hill shall, where necessary, be given the right of way by oncoming vehicles.
|
(8) |
The driver of any vehicle which is being driven on its offside of the road shall give way to any oncoming traffic.
|
(9) |
Notwithstanding the provisions of this rule, it shall be lawful for vehicles to overtake in the near or left-hand traffic lane and for meeting traffic to pass in their appropriate lane on any road which has been divided into three or more traffic lanes by islands, bollards or markings on the road.
|
|
74. |
Slow-moving traffic
Where, for any reason, any vehicle is proceeding at a slow rate of speed which is causing obstruction to other traffic, the driver of such vehicle shall keep close to his nearside and permit other vehicles to overtake him.
|
75. |
Duty to keep left
Save where the contrary is allowed by a police officer in the execution of his duty or by the indication of any traffic sign, drivers of vehicles shall drive to the left side of all roundabouts, street islands or street refuges.
[L.N. 310/1974, r. 27(1).]
|
76. |
Turning left
Every vehicle when turning to the left from one road into another road shall keep close to the left side of each such road.
|
77. |
Turning right
Every vehicle when turning to the right from one road into another road shall drive round the point of intersection of the centre lines of the two roads or round any island or mark which may have been erected or marked for the guidance of traffic.
|
78. |
Change of traffic lane
No vehicle shall be driven from one traffic lane to another such lane unless the driver thereof has first made sure that he will not inconvenience traffic in such other lane.
|
78A. |
Traffic on roundabouts
(1) |
The driver of a vehicle which is about to enter a roundabout shall give way to any other vehicle which is already in the roundabout and shall, if necessary, stop before entering the roundabout in order to allow any such other vehicle to proceed.
|
(2) |
No person shall drive any vehicle into a roundabout unless, at the time of entry of the vehicle into the roundabout, it is reasonable to suppose that the vehicle will not be forced to stop in the roundabout by reason of traffic already therein.
|
(3) |
Where a road entering a roundabout is divided into traffic lanes bearing carriageway markings indicating the direction or directions which may be taken by traffic proceeding in any such lane, no driver of a vehicle shall—
(a) |
proceed in the roundabout in any direction other than one permitted by the marking on the lane by which he enters the roundabout; or
|
(b) |
cross from one such lane into another whilst in the roundabout or within twenty-five metres after the point of exit therefrom.
|
|
(4) |
For the purposes of this rule, a vehicle shall be deemed to have entered or been driven into, or to be in, a roundabout—
(a) |
where a broken line has been placed at the perimeter of the roundabout transversely to the road or traffic lane along which such vehicle has approached the roundabout, when its front wheels have crossed such line; or
|
(b) |
in any other case, when its front wheels have crossed the actual perimeter of the roundabout.
|
|
(5) |
Any person who contravenes any provision of this rule shall be guilty of an offence and liable—
(a) |
in the case of a first conviction therefore, to a fine not exceeding one thousand shillings; and
|
(b) |
in the case of a second or subsequent conviction for such offence, to a fine not exceeding two thousand shillings, or to imprisonment for a term not exceeding three months, or to both.
|
|
|
79. |
Travelling backwards
No person shall cause a motor vehicle to travel backwards for a greater distance or time than may be requisite for the safety or reasonable convenience of the occupants of that vehicle or of other traffic on the road.
|
80. |
Travelling with part of body outside vehicle
No driver or passenger in any vehicle shall, except for the purpose of giving a signal, or in the event of any emergency, or for the purpose of test or repair, permit any part of his body to protrude outside such vehicle whilst it is in motion.
|
81. |
Filling petrol
No person shall fill with petrol any motor vehicle while the engine is running, or while any light, other than an electric light, is alight on the vehicle, nor shall any person, whilst a motor vehicle is being filled with petrol, smoke, strike a light or exhibit any flame within 10 feet of such vehicle.
|
82. |
Pedal cyclists
Pedal cyclists shall in no case proceed more than two abreast.
|
83. |
Priority for police, fire engines and ambulances
Every driver shall, upon hearing the sound of any gong, bell (other than a bicycle bell) or siren indicating the approach of a police vehicle, ambulance or fire engine, at once give such vehicle right of way, and if necessary pull his vehicle to the nearside of the road and stop until the police vehicle, ambulance or fire engine has passed.
|
84. |
Deleted
Deleted by L.N. 310 of 1974, r. 27(2).
|
PART IX – SEATING AND PASSENGER CAPACITY OF VEHICLES
85. |
Arrangement of seats in motor omnibuses
(1) |
The distance between the backs of the seats on a motor omnibus, when the seats are so placed that they are facing one another, shall not be less than 1,420 millimetres.
|
(2) |
Where seats are placed behind each other on a motor omnibus, the distance between the backs of any two seats so placed shall not be less than 380 millimetres.
|
(3) |
Where the seats of a motor omnibus are placed lengthwise along the sides of the omnibus, any seats constructed on any portion of the intervening space between the seats so placed shall—
(a) |
be constructed either as separate single seats, each of which shall face the front of the omnibus, or in sets of two single seats back to back, one facing to the front and the other to the rear;
|
(b) |
be placed so as to be equidistant on both sides from the sides of the omnibus; and
|
(c) |
be 380 millimetres in width and have clear space on all sides of not less than 400 millimetres.
|
|
|
86. |
Seating capacity of public service vehicles
In determining the number of persons for which any public service vehicle has seating capacity, the following provisions shall, apply—
(a) |
in the case of a vehicle registered as a motor omnibus—
(i) |
where separate seats are provided for each person, one person shall be counted for each separate seat provided; |
(ii) |
where the vehicle is fitted with continuous seats, one person shall be counted for each complete length of sixteen inches measured in a straight line lengthwise on the front of each seat; and where a continuous seat is fitted with arms for the purpose of separating the seating spaces, and the arms are so constructed that they can be folded back or otherwise put out of use, the seat shall be measured as if it had been fitted with arms. |
|
(b) |
in the case of a vehicle registered as a matatu, the seating capacity shall be determined by the certifying officer at the time of mandatory inspection, on the basis of the difference between the tare weight of the vehicle (including any modification work), and the gross weight of the vehicle as specified by the manufacturer, both figures to be expressed in kilograms, as applied to the number of units of sixty-five kilograms which would be equivalent to the difference between the two load figures.
|
|
86A. |
Licensing of public service vehicles carrying both seating and standing passengers
(1) |
The Authority shall licence public service vehicles which shall carry both sitting and standing passengers.
|
(2) |
Public service vehicles licensed to carry both sitting and standing passengers shall only operate on commuter service routes determined by the Authority.
|
(3) |
The Authority shall not issue a licence to a public service vehicle to carry sitting and standing passengers unless the public service vehicle conforms to the prescribed construction standard of KS 372:2014.
|
(4) |
The licence issued by the Authority to a public service vehicle to carry both sitting and standing passengers shall indicate the maximum number of standing passengers.
|
(5) |
The public service vehicle licence issued under this rule shall have a system that will reconcile the total number of passengers on board at all times while in operation.
|
(6) |
The number of passengers on board shall be displayed on a real time basis on an electronic screen on the front and rear of the vehicle.
|
(7) |
Public service vehicles licensed to carry sitting and standing passengers shall have all its doors closed at all times when the vehicle is in motion.
|
(8) |
Standing passengers in a public service vehicle licensed under this rule shall not be subject to the provisions of rule 22A.
|
(9) |
An operator of a public service vehicle licensed under this rule shall not cause or permit that public service vehicle to carry more persons than it is licensed to carry, whether seated or standing.
|
(10) |
An operator who contravenes the provisions of paragraph (9) commits an offence and shall be liable upon conviction—
(a) |
for a first offence, to a fine of five thousand shillings for each passenger in excess of the licensed capacity;
|
(b) |
for a second and subsequent offence, to revocation or suspension of the licence by the Authority
|
|
(11) |
An operator of a public service vehicle licensed to carry sitting and standing passengers who contravenes or fails to comply with any other prescribed conditions under this rule relating to the licence shall be liable, upon conviction—
(a) |
for a first time offence, to a fine of twenty thousand shillings;
|
(b) |
for a second and subsequent offence, to revocation or suspension of the licence by the Authority.
|
|
(12) |
For the purposes of this rule an "operator" means the owner, driver or the conductor of the licensed public service vehicle under this rule.
[L.N. 11/2015, r. 2.]
|
|
87. |
Driver’s seat in motor omnibus, matatu or commercial vehicle
(1) |
There shall be provided for the exclusive use of the driver of every motor omnibus or matatu and every commercial vehicle a single seat or a section of continuous seat the front edge of which is not less than two feet in length; and such seat shall be placed and constructed so that the driver is able to control the vehicle effectively and with safety.
|
(2) |
No person or goods of any description shall be carried in such a position or in such a manner as to occupy any part of a driver’s seat or so as to obstruct his movements or view when he is driving the vehicle.
|
(3) |
No person or goods shall be carried on the right or offside of any driver of a right-hand drive vehicle, nor to the left or nearside of the driver of a left-hand drive vehicle.
[L.N. 146/1984, r. 8.]
|
|
88. |
Passengers on commercial vehicles
(1) |
No person shall be permitted by the owner, driver or other person in charge of a commercial vehicle to travel on the vehicle whilst it is being used on a road otherwise than sitting on the seats provided for passengers; the number of such seats shall be calculated in the same manner as for a motor omnibus.
|
(2) |
Deleted by L.N. 89 of 2007, r. 2.
[L.N. 89/2007, r. 2.]
|
|
89. |
Children
For the purposes of this Part—
(a) |
a child who is under the apparent age of five years shall not count as a passenger;
|
(b) |
any two children, each of whom is over the apparent age of five years and under the apparent age of 12 years, shall count as one passenger.
|
|
90. |
Penalties under this Part
Any person who owns, drives, causes to be driven or has charge of a vehicle other than in accordance with the provisions of this Part shall be guilty of an offence and liable to a fine not exceeding six hundred shillings or to imprisonment for a term not exceeding two months or to both.
|
PART X – INTERNATIONAL TRAFFIC
91. |
Interpretation of this Part
In this Part, unless the context otherwise requires—
"international certificate" means an international certificate for motor vehicles issued in accordance with an international convention;
"international convention" includes the following conventions—
(a) |
the International Convention Relative to Motor Traffic concluded at Paris on the 24th April, 1926;
|
(b) |
the International Convention Regarding the Taxation of Foreign Motor Vehicles concluded at Geneva on the 30th March, 1931;
|
(c) |
the Convention on Road Traffic concluded at Geneva on the 19th September, 1949;
|
"international driving permit" means an international driving permit issued in accordance with an international convention.
|
92. |
Issue of international documents
The Registrar shall, if he deems it necessary, appoint a competent authority to issue international driving permits, and any documents permitting the international movement of motor vehicles, and the Registrar or such authority shall—
(a) |
examine or cause to be examined any motor vehicle registered in Kenya which is submitted for examination and, if satisfied after examination that such vehicle is suitable for use on the highway in another country and that it fulfils the conditions specified by international convention, issue on payment of the prescribed fee an international certificate for motor vehicles;
|
(b) |
examine any person submitting himself for examination and if upon examination he is found to be competent as provided by international convention, issue to him on payment of the prescribed fee an international driving permit:
|
Provided that no international driving permit shall be issued to any person who is under eighteen years of age.
|
93. |
International circulation permit
The person in charge of a motor vehicle arriving in Kenya and proposing to use the vehicle under this Part shall, within seven days of such arrival, produce for inspection by a licensing officer—
(a) |
the international certificate;
|
(b) |
the fiscal permit or customs duty receipt; and
|
(c) |
the certificate of insurance or certificate of security required by the Insurance (Motor Vehicles Third Party Risks) Act (Cap. 405),
|
in respect of such vehicle, and on being satisfied with regard to these documents the licensing officer shall issue in respect of such vehicle a document to be known as an international circulation permit, which shall be carried on such vehicle in the manner prescribed in paragraphs (1) and (2) of rule 8.
|
94. |
Exemption from registration and licensing
(1) |
A motor vehicle in respect of which a valid international certificate is in force shall not be required to be registered under the Act while in use in Kenya until the expiry of one year from the date of the issue of such certificate.
|
(2) |
A motor vehicle in respect of which a valid international certificate is in force shall not be required to be licensed under the Act while in use in Kenya during the currency of such certificate for a period or periods not exceeding in the aggregate—
(a) |
in the case of a public service vehicle or commercial vehicle, 30 days; and
|
(b) |
in the case of any other vehicle, 90 days.
|
|
(3) |
The owner of a motor vehicle referred to in paragraph (2) shall, on entering Kenya, obtain an authorization permit valid for a period not exceeding seven days in accordance with rule 7A and shall on expiry of such permit obtain an international circulation permit.
|
(4) |
Upon the expiry of the period or periods referred to in paragraph (2) the motor vehicle shall either be registered and licensed in accordance with Parts II and III of Act 98 or removed from Kenya.
[L.N.209/1971, r. 4, L.N. 9/1975, r. 5, L.N.63/1974, r. 4.]
|
|
95. |
Distinguishing sign
A motor vehicle in use in Kenya under this Part shall carry, in addition to any identification marks prescribed by the law of the country in which it is registered, fixed in a conspicuous manner on the back of the vehicle the distinguishing sign of the place of registration of the vehicle as described in Annex 4 of the International Convention on Road Traffic signed at Geneva on the 19th September, 1949 which Annex is for the purpose of information reproduced in the Ninth Schedule to these Rules.
|
96. |
Transfer of vehicles
No person using a motor vehicle in Kenya under this Part shall transfer such vehicle to any other person unless he has first obtained the permission in writing of the Registrar so to do.
|
97. |
Removal of distinguishing sign and plate
(1) |
Upon the expiry of any period in respect of which a vehicle is permitted to remain in Kenya under this Part, the owner or driver of the vehicle shall forthwith remove the distinguishing sign referred to in rule 95.
|
(2) |
No vehicle which is registered in Kenya shall display any international distinguishing sign or plate other than the letters E.A.K.
|
|
98. |
Deleted
Deleted by L.N. 209 of 1971, r. 5.
[L.N. 46/1967, r. 2, L.N. 94/1968, r. 2, L.N. 209/1971, r. 5.]
|
99. |
Penalties under this Part
Any person who contravenes or otherwise fails to comply with the provisions of this Part shall be guilty of an offence and liable—
(a) |
in the case of a first conviction, to a fine not exceeding two thousand shillings or imprisonment for a term not exceeding six months;
|
(b) |
in the case of a second or subsequent conviction, to a fine not exceeding five thousand shillings or imprisonment for a term not exceeding one year or to both.
|
|
FIRST SCHEDULE [rr. 4, 7, 7A.]
FEES
[L.N. 30/1957, L.N. 99/1960, L.N. 121/1967, L.N. 257/1967, L.N. 269/1967, L.N. 121/1972, L.N. 136/1973, L.N. 99/1976, L.N. 108/1979, L.N. 120/1979, L.N. 82/1982, L.N.110/1985, L.N. 242/1988, L.N. 381/1990, L.N. 135/1992, L.N. 84/1993, L.N. 238/1993, L.N. 347/1993, L.N. 187/1994, L.N. 290/1994, L.N. 393/1995, L.N. 127/1996, L.N. 163/1997, L.N. 104/2002, L.N. 56/2006, L.N.78/2012, s. 3, L.N. 122/2013, r. 4, L.N. 299/2017.]
Section
of
Act or Rule
applicable
|
Registration of
vehicles
|
|
|
Ksh.
|
s. 6(2).......................
|
On originalregistration—
|
|
|
A motor vehicle with less than four wheels
|
450
|
|
A motor vehicle with four wheels and with engine capacity—
|
|
|
(a) not exceeding 1,000 cc.........................
|
1,700
|
|
(b) exceeding 1,000 cc but not exceeding 1,200 cc....................
|
2,100
|
|
(c) exceeding 1,200 cc but not exceeding 1,500 cc................
|
2,300
|
|
(d) exceeding 1500 cc but not exceeding 1,700 cc....................
|
2,800
|
|
(e) exceeding 1,700 cc but not exceeding 2,000 cc...............
|
3,300
|
|
(f) exceeding 2,000 cc but not exceeding 2,500 cc................
|
5,100
|
|
(g) exceeding 2,500 cc but not exceeding 3,000 cc....................
|
7,000
|
|
(h) exceeding 3,000 cc........................
|
8,300
|
|
A trailer with less than four wheels............
|
565
|
|
A trailer with four wheels or more.........
|
1,595
|
|
For all types of tractors and mobile cranes .............
|
565
|
s. 6(7).....
|
Amendment of registration particulars ( except identification mark and number)................
|
300
|
s. 6(7).....
|
Change of identification mark and number (registration number)
|
2,500
|
s. 9(2) and (5)..
|
Transfer of ownership...............
|
625
|
s. 6(6)...
|
Duplicate registration book....................
|
2,500
|
|
Replacement of registration book....................
|
500
|
r. 6A (1).........
|
Registration of personalized number plates.....................
|
1,000,000
|
|
Replacement of defaced or lost personalized number plate.....................
|
50,000
|
r. 7(2)...
|
Issue of reflective plates-
|
|
|
(i) pair.....................
|
2,000
|
|
(ii) single plate...........
|
1,100
|
Driving Licences
|
s. 34(1).....
|
Provisional licence..................
|
600
|
|
Driving test booking fees.......................
|
600
|
|
Endorsement of further classes...................
|
500
|
s. 34(1)....
|
Full licence-
|
|
|
(i) annual................
|
700
|
|
(ii) triennial.............
|
1,800
|
s. 30(4)......
|
Annual renewal.........
|
600
|
s. 30(4)......
|
Triennial renewal.......
|
1,400
|
s. 34(2)...
|
Endorsement of further class of vehicle....................
|
500
|
s. 38.........
|
Duplicate driving licence..................
|
400
|
s. 84......
|
Replacement of driving licence........
|
625
|
Vehicle Licences
|
s. 18........
|
Periodical licences - see Traffic (Vehicle Licences) (Duration Fees and Refund) Rules-
|
|
s. 21.......
|
Duplicate licence.......
|
250
|
s. 23(1)....
|
Dealer's general licence-
|
|
|
(i) On new applications............
|
18,500
|
|
(ii) Renewal of dealer's general licence...................
|
6,300
|
|
(iii) Duplicate of dealer's general licence.................
|
3,600
|
|
(iv) New motor vehicle................
|
9,600
|
|
(v) Used motor vehicle........................
|
4,200
|
|
(vi) issue a pair of Kenya Garage Plates.................
|
2,900
|
|
(vii) Issue of Single Kenya Garage Plates..................
|
1,600
|
s. 23(1)....
|
Dealer's identification plates (per pair)...........
|
3,000
|
Public Service Vehicles
|
s. 18......
|
Vehicle licences-see Traffic (Vehicle Licence) (Duration, Fees and Refund) Rules-
|
|
s. 98(3)..
|
Driver's licence (with badge)................
|
700
|
s. 98(3)....
|
Conductor's licence (with badge).........
|
700
|
s. 98(3)...
|
Police certificate of fitness to hold a driver's or conductor's licence................
|
150
|
Miscellaneous
|
s. 5(3)............
|
Copy of vehicle records...................
|
500
|
s. 7............
|
Inspection of motorcycles............
|
1,300
|
|
Inspection of three-wheelers and vehicles with engine capacities of up to 3,000 cc................
|
2,600
|
|
Inspection of vehicles with engine capacities of over 3,000 cc..................
|
3,900
|
|
Inspection of trailers weighing up to 5 tonnes.................
|
2,000
|
|
Inspection of trailers weighing over 5 tonnes.................
|
4,600
|
|
Inspection of heavy commercial vehicles weighing over 5 tonnes....................
|
4,600
|
s. 39(3)....
|
Driving test.............
|
200
|
s. 96(3) (g).......
|
Certificate of fitness...........
|
300
|
r. 92
|
International certificate...............
|
150
|
r. 92
|
International driving permit......
|
150
|
|
Foreign
Private
Vehicles
|
Per Month
US $
|
For
Three
months
US $
|
For
additional
period
under r.
7A
(6) (per
day)
US $
|
r. 7A(3)
|
Private vehicle licence
|
|
|
|
For Vehicles-
|
|
|
|
(i) not exceeding 2,000 cubic centimeters
|
20
|
50
|
1
|
(ii) exceeding 2,000 cubic centimeters..
|
40
|
100
|
2
|
Foreign Commercial
and
Public Service
Vehicles
|
|
|
Per MonthUS $
|
Additional period under r.7A (6) (per day)US $
|
r.7A (5)
|
|
|
|
|
Foreign commercial and public service vehicles authorizationpermit
|
|
|
|
For vehicles—
|
|
|
|
not exceeding 3,000kg.tare weight.......
|
20
|
1
|
PART II - SPECIFICATIONS ON PERSONALIZED NUMBER PLATES:
(a) |
The front and rear plates have seven characters comprised of letters of the alphabet or numerals.
|
(b) |
The characteristics on the number plates shall be in capital letters only.
|
(c) |
Any form of signs, symbols or any abusive words shall not be used on the plates.
|
(d) |
The letters "O" and "I" shall not be used unless they are used in complete word.
|
(e) |
The font plates shall be embossed with a reflective white background and the rear plates shall be embosed with a reflective yellow background.
|
(f) |
the Personalized Number Plates shall—
(i) |
not transferable and shall when the vehicle is disposed, be surrendered and the vehicle re-registered; |
(ii) |
be vehicle-specific, and shall not be transferred to any other vehicle; |
(ii) |
be unique to the vehicle’s Chassis number and Engine number; |
(iv) |
be displayed on aluminum embossed plates with rear registration plate of size 205 (two hundred and five) by 230 (two hundred and thirty) millimeters (250 × 230). |
|
(g) |
An alternate rear elongated plate shall bear the National Flag and security hologram both at the left hand side and shall be of size 522 mm (five hundred and twenty-two) and 114 (one hundred and fourteen) millimeters (522 × 114) mm.
|
(h) |
The front flag registration plate shall bear the National Flag with the security hologram at the left hand side and shall be of size five hundred and twenty-two by one hundred and fourteen millimeters (522 × 114 mm).
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SECOND SCHEDULE
FORMS
[L.N. 99/1960, L.N. 119/1971, L.N. 9/1975, L.N. 66/1978, L.N. 7/1987, L.N. 159/2001, L.N. 90/2010, L.N. 47/2011.]
Revoked by L.N. 62/2016, r. 20.
Form II
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(ss. 6(7), 9, 16)
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APPLICATION FOR ROAD FUND LICENCE, TRANSFER OF OWNERSHIP AND CHANGE OF REGISTRATION PARTICULARS
(a) |
Road Fund Licence (see note 1 overleaf)
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(b) |
Transfer of ownership (see note 2)
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(c) |
Change of Registration Particulars (see note 3)
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N.B.- SECTIONS 1 and 4 to be completed in all cases.
SECTIONS 2 and 3 to be completed as applicable.
This form to be submitted in duplicate. see Note 4.
[Deleted by L.N. 56/2006]
APPLICATION FOR DEALERS'S GENERAL LICENCE
[Name]....................(Block capitals)of [ Postal Address].........................hereby declare that I am carrying on the business of a dealer in or manufacturer or repairer of motor vehicle at—.....................................Road.................................Town/District,and apply for*—(a) dealer's general licence(s)(b) identification plate(s)(c) renewal licence(s)In respect of plate(s) No.(s) already in my possession.Signature........................Date..........................., 20..................
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For Official UseSerial number(s) of plate(s) issued.................................Serial number (s) of plate(s).....................................................................______________________________________________Date Stamp______________________________________________Licence FeesLicence(s)..........sh..Plate(s).......sh......Total.......sh.....
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*Delete items not applicable.
When a Dealers General Licence expires or is cancelled or otherwise ceases to be valid under the provisions of the Act, the holder of the licence shall deliver to the Registrar the identification plates which were issued to such holder with such licence, unless a renewal licence is issued for the same plates.
When completed this form should be sent with fee and certificate of insurance to—
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The Registrar of Motor Vehicles,
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P. O. Box 30041,
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Nairobi.
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APPLICATION FOR DRIVING OR PROVISIONAL LICENCE OR FOR ENDORSEMENT OF EXISTING LICENCE
(A) APPLICATION
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For official Use onlyLicence No.............Date....................FeeSh.........................
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I apply for {PROVISIONAL DRIVING ENDORSEMENT OF EXISTING} licenceto entitle me to drive—(a) Motor omnibuses.(b) Heavy commercial vehicles.(c) Commercial vehicles exceeding 1,800 kg. tare weight.(d) Tractors.(e) Motor-cars and commercial vehicles not exceeding 1,800 kg. tare weight.(f) Motorcycles up to and including 50 c.c. capacity(g) Motorcycles over 50 c.c. capacity.(h) Invalid carriages.(i)............................(to be specified)[strike out items not applicable]
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(B) PARTICULATS TO BE FURNISHED BY APPLICANT
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1.Surname [block capitals].........
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2. Other Names [also insert Mr, Mrs or Miss as the case may be]..........
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3.Residential Address...............
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4. Postal Address..........
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5. Age [ If over
18 answer 'over
18']
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6. (a) Number of years you have held a driving licence...............(b) Country of issue.......(c) Classes of vehicles for which licence valid......(d) Kenya Certificate of competency number...............
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7. Has a court at any time ordered a conviction to be endorsed on your licence [ or certificate of competency] [Answer "Yes
"or "No"]............
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8. Are you disqualified by any court for holding or obtaining a licence [Answer "Yes
"or "No].............
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(C) DECLARATION AS TO PHYSICAL FITNESS OF APPLICANT
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9. Do you certify that you are not suffering from epilepsy or from sudden attacks of disabling giddiness or fainting [Answer "Yes
"or "No]..............
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(C) DECLARATION AS TO PHYSICAL FITNESS OF APPLICANT
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For Official Use
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10. Can you read at a distance of 25 metres in good day light (with glasses if worn) a motor-car number plate containing six letters and numbers [Answer "Yes
"or "No)................
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11. Are you without either hand or foot, or are you suffering from any defect in movement control or muscular power, of either arm or leg [Answer "Yes
"or "No, if yes, give
particulars
of
the disability]...................
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12. Are you suffering from any other disease, mental or physical, or disability which would be likely to cause the driving by you of a motor vehicle to be a source of danger to the public [ Answer "Yes
"or "No
if yes, give
particulars
of
the disability]...............
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(Reverse)I declare that to the best of my knowledge and belief the answers given above are true; I further declare that I have studied the Highway Code, and that I am aware that it is an offence for a person to use a motor vehicle on public roads (subject to statutory exceptions) unless there is in force a policy of insurance or a security against third party eisks covering the use by that person of that vehicle.Date.......................................Signature
of applicant.........................................I enclose two copies of a recent photography (size 35mm by 45 mm) (head and shoulders) (Full face without hat)(NOT REQUIRED IF APPLICATION is for a Provisional Licence for endorsement of FURTHER CLASSES)
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OFFICIAL USE ONLYAuthority for.........................Granting Licence....................
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FORM VIII
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DRIVING LICENCE
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Page 1
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Surname....................................Other names .................................Date of birth................................C. of C. No........................................
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...................
Signature
of
Authority
_________________________________________________________________
Page 2
VEHICLE FOR WHICH LICENCE IS VALID
_________________________________________________________________
See page 4 for special conditions.
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