TRAFFIC ACT - infotradekenya.go.ke

1 LAWS OF KENYATRAFFIC ACTCHAPTER 403 Revised Edition 2015 [2013]Published by the National Council for Law Reportingwith the Authority of the [Rev. 2015]TrafficCAP. 403T13 - 3[Issue 3]CHAPTER 403 TRAFFIC ACTARRANGEMENT OF SECTIONSPART I of of II REGISTRATION OF of of information to use of computerized motor vehicle registration of registration of registered access to computerized motor vehicle registration with computerized motor vehicle registration vehicles and trailers to be of motor of of registration of motor vehicles exported or imported may be exempted from to carry identification of registration under this III LICENSING OF vehicles and trailers to be for for issue of inspection of and duration of

2 To be carried on licence certificate to be carried on licence to be applied for in certain s general of dealer s general of dealer s general of dealer s general s general licence not to be transferred without 403 TRAFFIC [Rev. 2015][Issue 3]T13 - of licence fees by civil under this IV DRIVING to be for granting of driving driving licence not to be granted to persons under certain of of driving licences to members of armed of driving licence on of driving and provisional , etc., of driving licences upon application by under this V DRIVING AND OTHER OFFENCESRELATING TO THE USE OF VEHICLES ON of motor in relation to under influence of of drinking when driving or in charge of public service on pavement, pedestrian walkway, death by driving or to convict for reckless or dangerous driving on trial for manslaughter or forcausing death by driving or without due care and to be given before proper fuel to be used in motor and signs to be relating to parking bays and areas where no charges are of vehicles carrying explosives, petroleum.

3 , pacemaking and trial of of of for improper condition or driver of motor on pillion in dangerous on persons being damage to motor with motor vehicle.[Rev. 2015]TrafficCAP. 403T13 - 5[Issue 3] motor vehicle without motor driving on third endorsement in three under this VI REGULATION OF to regulate of of to VIA DESIGNATED PARKING to make by-laws for designated parking for use of designated parking provisions regarding excess may be taken out of of local authority concerning parking concerning designated parking of local of this VIB PARKING ELSEWHERE THANIN DESIGNATED PARKING to make by-laws for parking elsewhere than in designated parking VII to stop and of vehicle involved in an under this VIII SUSPENSION.

4 CANCELLATIONAND ENDORSEMENT OF DRIVING of of of driving of driving of licence while suspended or application for driving of endorsement to be inserted in new for licence without disclosing of new licence free from IX OFFENCES BY DRIVERS OF VEHICLES OTHERTHAN MOTOR VEHICLES AND OTHER ROAD under influence of 403 TRAFFIC [Rev. 2015][Issue 3]T13 - while in charge of on riding X MISCELLANEOUS PROVISIONS AS TO in connexion with on and damage to on use of tracked vehicles, of highway authority for under this XI PUBLIC SERVICE for public service vehicle and conditions of and conductors to be to cancel or suspend and of of public service and special and reflector under this XII of of a public service vehicle to undergo fitness of vehicles from of of inspector to be admissible in extract from records to be admissible in or other person to furnish name and address of driver of to keep list of drivers of false imitation, etc.

5 , of of licence to be proof of to attend TRAFFIC of summary Commanding Police Division to be in charge of TRAFFIC authority may make by-laws regulating taxicabs, etc.[Rev. 2015]TrafficCAP. 403T13 - 7[Issue 3] to suspend and exempt from SCHEDULE DeletedSECOND SCHEDULE Deleted[Rev. 2015]TrafficCAP. 403T13 - 9[Issue 3]CHAPTER 403 TRAFFIC ACT[Date of assent: 11th November, 1953.][Date of commencement: 1st January, 1954.]An Act of Parliament to consolidate the law relating to TRAFFIC on the roads[Act No. 39 of 1953, Act No. 39 of 1956, Act No. 14 of 1958, Act No. 52 of 1959, Act No.]

6 14of 1960, Act No. 24 of 1960, Act No. 28 of 1961, Act No. 14 of 1962, 256/1963, , 242/1964, Act No. 9 of 1967, Act No. 8 of 1968, Act No. 13 of 1968, ActNo. 38 of 1968, Act No. 5 of 1971 , Act No. 14 of 1971 , Act No. 13 of 1972, Act No. 4 of1974, Act No. 16 of 1977, Act No. 13 of 1980, Act No. 14 of 1982, Act No. 19 of 1982,Act No. 11 of 1983, Act No. 10 of 1984, Act No. 8 of 1985, Act No. 1 of 1986, Corr. , Act No. 20 of 1989, Act No. 14 of 1991, Act No. 11 of 1993, Act No. 2 of 2007,Act No. 9 of 2007, Act No. 8 of 2008, Act No. 8 of 2009, Act No. 10 of 2010, Act No. 4 of2012, Act No.

7 33 of 2012, Act No. 37 of 2012, Act No. 38 of 2012, Act No. 19 of 2014.]PART I PRELIMINARY1. Short titleThis Act may be cited as the TRAFFIC InterpretationIn this Act, unless the context otherwise requires Authority means the National Transport and Safety Authority establishedunder 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 officerunder subsection (2) of section 3.

8 Commercial vehicle means a motor vehicle constructed or adapted forthe carriage of goods or burdens of any description in connection with any trade,business or agriculture, but does not include any type or class of motor vehiclewhich the Authority may, by notice in the Gazette, declare not to be commercialvehicles for the purposes of this Act; computerized motor vehicle registration system means any softwareor hardware for use in storing, retrieving, processing or disseminatinginformation relating to registration records of motor vehicles and trailers, thelicensing of drivers, and the keeping of such records in relation thereto as arerequired by this Act; dealer means any person who deals by way of business in motor vehiclesor trailers; dealer s general licence means a licence issued under section 23;CAP.

9 403 TRAFFIC [Rev. 2015][Issue 3]T13 - 10 deregistration certificate means a deregistration certificate issued undersection 6A(2); drive , in relation to a motor vehicle, includes the steering of a motorvehicle; driver means any person who drives or guides, or is in actual physicalcontrol of, any vehicle or cattle on any road; driving licence means a licence to drive a motor vehicle issued underthis Act, and any document deemed to be a driving licence by any rules madeunder this Act; driving test examiner means any person appointed to be a driving testexaminer under subsection (3) of section 3; heavy commercial vehicle means a commercial vehicle whose tareweight exceeds six thousand seven hundred and twenty pounds; highway authority means the Minister for the time being responsible forPublic Roads or any other Authority or body to whom the Minister delegatespowers subject to such terms and conditions as he may deem appropriate; information technology means any equipment or software for use instoring, retrieving, processing or disseminating information.

10 Inspection certificate means a certificate affixed to a vehicle undersection 17A; inspector means any person appointed to be an inspector of vehiclesunder subsection (3) of section 3; invalid carriage means a motor vehicle specially designed andconstructed for the use of persons suffering from some physical defect ordisability; licensing officer means a licensing officer appointed under section 3; manufacturer means a manufacturer of motor vehicles and trailers; matatu means a public service vehicle having a seating accommodationfor not more than twenty-five passengers exclusive of the driver, but does notinclude a motor-car; motor-car means a motor vehicle having seating accommodation fornot more than ten passengers excluding the driver, but does not include amotorcycle; motorcycle means a motor vehicle with less than four wheels the weightof which unladen does not exceed eight hundred weights.