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LAWS OF KENYA - Kenya Law Reports

laws OF KENYAThe Traffic acTChapter 403 Revised Edition 2012 (2010)Published by the National Council for Law Reporting with the Authority of the Attorney CAP. 403 Traffic 2 [Rev. 2012 CHAPTER 403 THE TRAFFIC ACTARRANGEMENT OF SECTIONSPart I PrelImInarySection 1 Short Appointment of Classification of II - regIstratIon of VehIcles5 Records of Use of information Application to use of computerized motor vehicle registration Cancellation of registration of registered Unauthorized access to computerized Motor vehicle registration Interference with computerized motor vehicle registration Motor vehicles and trailers to be Relocation of motor Inspection Owner of Change of No registration of motor vehicles exported or imported Vehicles may be exempted from Vehicles to carry identification Production of registration Penalties under this III - lIcensIng of]

48—Power to convict for reckless or dangerous driving on trial for manslaughter or for causing death by driving or obstruction. 49—Driving without due care and attention. 50—Warning to be given before prosecution. 51—Only proper fuel to be used in motor vehicles. 52—Signals and signs to be obeyed.

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Transcription of LAWS OF KENYA - Kenya Law Reports

1 laws OF KENYAThe Traffic acTChapter 403 Revised Edition 2012 (2010)Published by the National Council for Law Reporting with the Authority of the Attorney CAP. 403 Traffic 2 [Rev. 2012 CHAPTER 403 THE TRAFFIC ACTARRANGEMENT OF SECTIONSPart I PrelImInarySection 1 Short Appointment of Classification of II - regIstratIon of VehIcles5 Records of Use of information Application to use of computerized motor vehicle registration Cancellation of registration of registered Unauthorized access to computerized Motor vehicle registration Interference with computerized motor vehicle registration Motor vehicles and trailers to be Relocation of motor Inspection Owner of Change of No registration of motor vehicles exported or imported Vehicles may be exempted from Vehicles to carry identification Production of registration Penalties under this III - lIcensIng of]

2 VehIcles15 Motor vehicles and trailers to be Application for Conditions for issue of Vehicle inspection Form of Fees and duration of Licence to be carried on vehicle. Traffic CAP. 403 3 Rev. 2012] 21 Duplicate New licence to be applied for in certain Dealer s general Use of dealer s general Duration of dealer s general Cancellation of dealer s general Dealer s general licence not to be transferred without Recovery of licence fees by civil Penalties under this IV DrIVIng lIcences30 Drivers to be Conditions for granting of driving Provisional driving Driving licence not to be granted to persons under certain Form of Issue of driving licences to members of armed Production of driving licence on Form of driving Duplicate Driving Revocation, etc.

3 , of driving licences upon application by Penalties under this V DrIVIng anD other offences relatIng to the Use of VehIcles on roaDs42 Speed of motor Penalties in relation to Driving under influence of Prohibition of drinking when driving or in charge of public service Driving on pavement, pedestrian walkway, Causing death by driving or Reckless Power to convict for reckless or dangerous driving on trial for manslaughter or for causing death by driving or Driving without due care and Warning to be given before Only proper fuel to be used in motor Signals and signs to be Offences relating to parking bays and areas where no charges are made. CAP. 403 Traffic 4 [Rev. 201252B Parking of vehicles carrying explosives, petroleum, Racing.]

4 Pacemaking and trial of Condition of Limitation of Penalty for improper condition or Obstructing driver of motor Restrictions on pillion Riding in dangerous Restrictions on persons being Causing damage to motor Tampering with motor Taking motor vehicle without Unattended motor Maximum driving Disqualification on third endorsement in three Penalties under this VI regUlatIon of traffIc68 Highway Power to regulate Mounting of Traffic Closure of Injury to VIa DesIgnateD ParkIng Places72A Power to make by- laws for designated parking Charges for use of designated parking Supplemental provisions regarding excess Meters may be taken out of Duty of local authority concerning parking Offences concerning designated parking Protection of local Interpretation of this VIB ParkIng elsewhere than In DesIgnateD ParkIng Places72J Power to make by- laws for parking elsewhere than in designated parking places.

5 Traffic CAP. 403 5 Rev. 2012] Part VII accIDents73 Duty to stop and Inspection of vehicle involved in an Penalties under this VIII sUsPensIon, cancellatIon anD enDorsement of DrIVIng lIcences76 Powers of Right of Cancellation of driving Production of driving licence for Custody of licence while suspended or Fraudulent application for driving Particulars of endorsement to be inserted in new Applying for licence without disclosing Issue of new licence free from IX offences By DrIVers of VehIcles other than motor VehIcles anD other roaD Users85 Driving under influence of Reckless Careless driving88 Carelessness while in charge of Restrictions on riding X mIscellaneoUs ProVIsIons as to roaDs90 Offences in connexion with Encroachment on and damage to Prohibition on use of tracked vehicles.

6 Non-liability of highway authority for Penalties under this XI PUBlIc serVIce VehIcles95 Public service vehicles to be Application for public service vehicle Issue and conditions of Drivers and conductors to be Power to cancel or suspend Passengers and Non-payment of Regulation of public service vehicles. CAP. 403 Traffic 6 [Rev. 2012103 Uniforms and special Helmets and reflector Unauthorised Penalties under this XII general105 Inspection of of a public service vehicle to undergo fitness Removal of vehicles from Detention of Certificate of inspector to be admissible in Certified extract from records to be admissible in Owner or other person to furnish name and address of driver of Owner to keep list of drivers Verification of Giving false Fraudulent imitation, etc.]

7 , of Endorsements of licence to be proof of Notice to attend Minor traffic Preparation of summary Assignment of demerit points on conviction for certain Officer Commanding Police Division to be in charge of Traffic General Local authority may make by- laws regulating taxicabs, Power to suspend and exempt from provisions. Traffic CAP. 403 7 Rev. 2012] CHAPTER 403 THE TRAFFIC ACT Commencement: 1st January, 1954,Commencement: 1st December, 2012,Commencement: Section 9 1st January, 2013,Commencement: Section 16 and 105A 1st July, 2013. An Act of Parliament to consolidate the law relating to traffic on the roads.

8 Part I - PrelImInary 1. This Act may be cited as the Traffic Act. 2. In this Act, unless the context otherwise requires - "Authority" means the National Transport and Safety Authority established under the National Transport and Safety Authority Act; bicycle means any bicycle or tricycle not self-propelled; cattle includes oxen, bulls, cows, horses, camels, mules, asses, sheep, goats and swine; certifying officer means the person appointed to be the certifying officer under subsection (2) of section 3; commercial vehicle means a motor vehicle constructed or adapted for the carriage of goods or burdens of any description in connexion with any trade, business or agriculture, but does not include 39 of 1953, 39 of 1956,14 of 1958, 52 of 1959,14 of 1960, 24 of 1960,14 of 1962, 242/1964,9 of 1967, 8 of 1968,13 of 1968, 38 of 1968,5 of 1971, 14 of 1971, 13 of 1972, 4 of 1974, 16 of 1977, 13 of 1980, 14 of 1982, 19 of 1982, 11 of 1983, 10 of 1984, 1 of 1986, 20 of 1989, 14 of 1991, 187 / 1994, 290 /1994, 352/1995, 3 93/1995, 12 6/1996, 127/1996, 130/1996, 163/1997, 164/1997, 112/1999, 119/2001, 1 59/2001, 103/2002, 104/2002, 105/2002, 132/2002, 161/2003, 179/2003, 83/2004, 97/2004, 65/2005, 55/2006.

9 56/2006, 57/2006, 111/2006, 33/2007, 88/2007, 89/2007, 145/2007,2 of 2007, 9 of 2007, 8 of 2008, 8 of of 2010, 4 of 2012,33 of 2012, 37 of 2012,38 of title. of 1959, s. 2, 13 of 1972, Sch., 10 of 1984, s. 2, 1 of 1986, s. 3,2 of 2007, Sch., 83/2004,LN. 97/2004,4 of 2012, s. of 2012, s. 62. CAP. 403 Traffic 8 [Rev. 2012any type or class of motor vehicle which the Authority may, by notice in the Gazette, declare not to be commercial vehicles for the purposes of this Act; computerized motor vehicle registration system means any software or hardware for use in storing, retrieving, processing or disseminating information relating to registration records of motor vehicles and trailers, the licensing of drivers, and the keeping of such records in relation thereto as are required by this Act.]

10 Dealer means any person who deals by way of business in motor vehicles or trailers; dealer s general licence means a licence issued under section 23; deregistration certificate means a deregistration certificate issued under section 6A(2); drive , in relation to a motor vehicle, includes the steering of a motor vehicle; driver means any person who drives or guides, or is in actual physical control of, any vehicle or cattle on any road; driving licence means a licence to drive a motor vehicle issued under this Act, and any document deemed to be a driving licence by any rules made under this Act; driving test examiner means any person appointed to be a driving test examiner under subsection (3) of section 3: heavy commercial vehicle means a commercial vehicle whose tare weight exceeds six thousand seven hundred and twenty pounds; highway authority means the Minister for the time being responsible for public roads or any other Authority or body to whom the Minister delegates powers subject to such terms and conditions as he may deem appropriate.


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