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.

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.

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.

The badge referred to in section 98(5) of the Act shall be in the form set out in the Third Schedule.

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.

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.

A person may apply to the Authority to be issued with personalised number plates upon payment of the fees prescribed in the First schedule.

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.

An application for a personalised registration shall be made to the Authority who may process and approve or reject the application.

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.

The personalized identification plates shall, where it is not used within six months, be returned to the safe keeping.

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.

Revoked by L.N. 62/2016, r. 20.

Revoked by L.N. 62/2016, r. 20.

Revoked by L.N. 62/2016, r. 20.

Revoked by L.N. 62/2016, r. 20.

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.

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.

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.

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.

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.

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.

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.

This rule shall not apply to foreign vehicles owned or operated by Kenatco Transport Company Limited.

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.

A dealer’s general licence shall be carried on the front identification plate issued with the licence, in the holder provided for that purpose.

A licence shall be removed as soon as it has expired and be replaced with a licence of current validity.

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.

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.

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.

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.

A recut pneumatic tyre shall not be fitted to any wheel of a motor vehicle.

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.

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.

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.

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.

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.

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

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

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

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

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

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.

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:

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.

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.

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.

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.

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.

Any driver or conductor who contravenes paragraph (5) shall be guilty of an offence and liable to a fine of five hundred shillings.

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.

No motor vehicle shall be equipped with more than one swivelling light.

Every motorcycle shall, when in motion in daylight hours, have its front lamp lighted.

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.

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.

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.

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.

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.

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.

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.

A passenger shall wear a helmet and a jacket which has reflectors as provided under paragraph (2).

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

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.

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

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

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.

Every motor vehicle shall be so constructed, maintained and used that no smoke or visible vapour is emitted therefrom.

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.

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.

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.

The windscreen of every motor vehicle shall be kept in such condition that the driver’s view is not impeded.

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.

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.

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.

No lights on any motor vehicle, with the exception of direction indicators, shall be flashing or blinking lights.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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—

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—

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.

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.

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.

Steps shall be provided at each doorway with suitable supports to assist persons when entering or leaving the omnibus.

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.

There shall be no entrance on the offside of the omnibus other than the driver’s door.

Every motor omnibus registered in Kenya shall be fitted with an emergency window or panel capable of immediate release in case of accident.

Emergency windows or panels shall be marked as such and instructions for opening such windows or panels shall be clearly shown thereon.

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.

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.

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.

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.

Means shall be provided to prevent light from the inside of the omnibus or matatu from incommoding the driver.

Every motor omnibus or matatu registered in Kenya shall be fitted with adequate window space.

Every such space shall be capable of being closed, but only by glass of adequate strength or canvas.

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.

A person shall not drive or operate a public service vehicle that is fitted with tinted windows or tinted windscreen.

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.

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.

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.

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.

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.

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.

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.

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.

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.

A person who contravenes any of the provisions of paragraph (1) of this rule shall be guilty of an offence.

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.

With effect from 31st December, 2003, every driver and every conductor of a public service shall wear a special badge and uniform.

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.

The badges will be provided by the Registrar of Motor Vehicles upon payment of a prescribed fee.

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.

Every owner of a public service vehicle shall employ at least one driver and one conductor who shall be security vetted.

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.

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.

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.

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.

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.

Every vehicle meeting or being overtaken by other traffic shall be kept as close to the left or nearside of the road as possible.

Every vehicle overtaking other traffic shall be kept to the right or offside of such traffic.

Animals which are being led may be passed or overtaken on whichever side is the safer.

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.

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.

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.

Vehicles ascending any hill shall, where necessary, be given the right of way by oncoming vehicles.

The driver of any vehicle which is being driven on its offside of the road shall give way to any oncoming traffic.

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.

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.

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.

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.

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.

The Authority shall licence public service vehicles which shall carry both sitting and standing passengers.

Public service vehicles licensed to carry both sitting and standing passengers shall only operate on commuter service routes determined by the Authority.

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.

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.

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.

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.

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.

Standing passengers in a public service vehicle licensed under this rule shall not be subject to the provisions of rule 22A.

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.

For the purposes of this rule an "operator" means the owner, driver or the conductor of the licensed public service vehicle under this rule.

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.

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.

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.

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.

Deleted by L.N. 89 of 2007, r. 2.

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.

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.

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.

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.

No vehicle which is registered in Kenya shall display any international distinguishing sign or plate other than the letters E.A.K.