The National Transport and Safety Authority (NTSA) has warned that drunk drivers will have their licenses suspended for six months.
In a draft of The Traffic (Drunk Driving) Rules, 2022, released on Wednesday, the Authority said the emphasis was on drivers of Public Service Vehicles (PSVs), commercial and school vehicles.
"Any driver of a vehicle other than a public service vehicle, commercial service vehicle or school transport service vehicle driver, who is convicted more than once in a year for an offence under section 44(1) of the Act shall have their driving license suspended for six months," the statement added.
The Authority said the prescribed limit of alcohol for the PSV, commercial and school vehicle drivers should be 00 micrograms in 100 millilitres of breath, blood and urine.
This is to mean any driver under the aforementioned is not to drink at all before driving.
The limit for private vehicle drivers is 35 micrograms of alcohol in 100 millilitres of breath, 80 milligrams of alcohol in 100 millilitres of blood and 107 milligrams of alcohol in 100 millilitres of urine.
NTSA further said police officers are permitted to ask drivers involved in accidents to provide specimens (breath, blood and urine) for alcohol tests.
"Alcohol test results that indicate a driver of a vehicle other than a has exceeded the prescribed limits shall be evidence for the purposes of sections 44(1) that the person is incapable of having proper control of a mechanically propelled vehicle," the Authority said.
Section 44 (1) of the Traffic Act, states that first offenders are to face a fine not exceeding Sh10,000 or imprisonment for a term not exceeding three months.
Conviction has a fine not exceeding Sh20,000 or a jail term not exceeding six months or both.
Further, the Authority directed the police to always ensure that the use of the breathalyzer device is hygienic by ensuring the single use of a breathalyzer straw for each individual driver being tested.
"The police shall ensure that the breathalyzer device is at all times properly calibrated according to the manufacturer’s directions."
In the case of a driver refusing to provide a specimen when required to do so by an officer, the act will be deemed an offence and the driver considered drunk.
This will attract a Traffic offence penalty.
NTSA has called on the public to present their views of the new rules, in an exercise that is to be held across the country from November 28 to December 16, 2022.
