Motorists face a stringent regulatory landscape
as the government rolls out a series of new, tough rules aimed at enhancing road
safety and compliance.
The proposed regulations, to be reinforced by the National Transport and Safety Authority, cover vehicle inspections,
commercial operations, school transport and drunk driving.
They introduce sweeping changes that will
significantly impact drivers, vehicle owners and transport operators across
the country.
In the works are rigorous compliance requirements
that will reshape how vehicles are maintained, operated and monitored across
the country.
Under the Traffic
(Motor Vehicle Inspection) Rules, 2025, all privately owned vehicles older than four years will be
required to undergo annual inspections to ensure roadworthiness.
Public service vehicles, commercial trucks and
school buses will be subjected to mandatory pre-registration checks and yearly
re-inspections.
If approved by MPs, motorists caught driving
without valid inspection stickers will face fines of up to Sh20,000 or six
months in jail.
Vehicle testing centres and inspectors found
issuing fraudulent certificates would also be subjected to hefty punishments, including license revocation.
The rules, drawn by CS Davis Chirchir, and of
which Kenyans are to give their views by July 22, also mandate that
vehicles involved in accidents must undergo fresh inspections.
Any structural modifications, such as changes
to a car’s dimensions, engine or colour, would also require recertification.
These measures seek to curb the proliferation of
unsafe vehicles, particularly in the public transport sector, authorities say.
Poorly maintained matatus and trucks have
contributed to numerous fatal crashes, causing loss of lives.
The National Transport and Safety Authority (Operation of Commercial
Service Vehicles) Regulations, 2025 impose strict operational
requirements on trucks, trailers and other heavy-duty vehicles.
Operators would be required to install speed limiters, telematic
tracking systems and retro-reflective markings to improve visibility.
Cargo must be securely covered to prevent spillage, with
specific rules for transporting loose materials like sand, gravel and scrap
metal.
Any uncovered loads risk fines and drivers must place
reflective warning triangles at least 50 metres from stalled vehicles to alert
oncoming traffic.
Commercial vehicle owners must also maintain detailed
maintenance logs for at least two years and report fatal accidents to the NTSA
within 20 hours, including driver details and vehicle condition.
NTSA will conduct random safety audits, checking driver
qualifications, working hours and maintenance records.
Non-compliant operators risk license suspension or revocation,
with penalties of up to Sh20,000 or six months’ imprisonment for violations.
These rules seek to address frequent accidents involving
overloaded or poorly maintained trucks, which have been a major contributor to
road fatalities.
The Traffic (School Transport) Rules,
2025, introduce some of the most detailed safety measures yet
for vehicles transporting children.
All school buses must now be painted in a standardised yellow
colour (Pantone 012C) and fitted with stop-signal arms, flashing red lights and
seat belts designed for children.
Each bus must carry a fire extinguisher and elementary school
vehicles must employ an attendant to help children board and disembark safely.
Drivers and attendants will undergo annual criminal background
checks, with those convicted of child abuse or drunk driving permanently barred
from working in school transport.
Medical fitness tests will also be mandatory and drivers must
conduct pre-trip inspections to ensure no child is left onboard.
In the proposed rules, crossing guards, equipped with reflective
jackets and stop signs, will be deployed near schools to manage traffic.
Motorists who ignore their signals risk six-month license
suspensions, the regulations read in part.
The regulations also ban school buses from operating outside
designated hours (5am to 10pm) and prohibit passengers other than students,
teachers, or authorised staff.
Vehicles must have functioning telematics systems with
passenger-facing cameras. Operators would be required to submit accident
reports within 24 hours if a fatality occurs.
The country has in the past experienced tragedies where poorly
regulated school vans were involved in deadly crashes, leaving families
devastated.
The Traffic (Drink-Driving) Rules, 2025, introduce a
near-zero alcohol limit for drivers of public service vehicles, commercial
trucks and school buses.
Private motorists face a strict cap of 35 micrograms of alcohol
per 100 millilitres of breath, with the regulations restating the use of
breathalysers to ascertain the levels.
Police, the rules state, will use calibrated breathalysers, with
officers required to maintain calibration records for court evidence.
Repeat offenders will face escalating penalties.
A first-time conviction may cause one a 30-day license
suspension, with a second incident within a year leading to six months’
suspension.
A third offence within the same period results in a one-year ban, while a fourth conviction within two years of the third will see the driver’s
license revoked for five years.
Refusing a breathalyser test is itself being made an offence,
closing a loophole previously exploited by suspect intoxicated drivers.
NTSA is being empowered to conduct random checks, suspend
non-compliant operators, and impose heavy penalties.