National Transport and Safety Authority (Transport Network Companies, Owners, Drivers and Passengers) Regulations

These Regulations may be cited as the National Transport and Safety Authority (Transport Network Companies, Owners, Drivers and Passengers) Regulations.

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Jurisdiction: Kenya
Instrument: Notice
Citation: Legal Notice 120 of 2022
Version: Undated source snapshot
Language: en

Source attribution: Source: Kenya Law

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About this statute

These Regulations may be cited as the National Transport and Safety Authority (Transport Network Companies, Owners, Drivers and Passengers) Regulations. Defines 'transport network driver' as any time a transport network driver operating a transport network vehicle is logged onto a network to accept requests for transportation services for compensation from prospective passengers. The purpose of these Regulations is to regulate the provision of transport network services by transport network drivers through transport network platforms. Applies the Regulations to transport network companies. Governing law for agreements under regulation 9 is the laws of Kenya; disputes under such agreements shall be adjudicated before Kenyan courts or tribunals.

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Provisions of National Transport and Safety Authority (Transport Network Companies, Owners, Drivers and Passengers) Regulations

Showing 25 of 25

Part I

PRELIMINARY

1
PRELIMINARY - 1. Citation

AI-assisted research summary: These Regulations may be cited as the National Transport and Safety Authority (Transport Network Companies, Owners, Drivers and Passengers) Regulations.

Section 1. Citation Section These Regulations may be cited as the National Transport and Safety Authority (Transport Network Companies, Owners, Drivers and Passengers) Regulations.
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PRELIMINARY - 2. Interpretation

AI-assisted research summary: Defines 'transport network driver' as any time a transport network driver operating a transport network vehicle is logged onto a network to accept requests for transportation services for compensation from prospective passengers.

Section 2. Interpretation Section any time a transport network driver operating a transport network vehicle is logged onto a network for the purposes of accepting requests for transportation services for compensation from prospective passengers;
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PRELIMINARY - 3. Purpose of the Regulations

AI-assisted research summary: The purpose of these Regulations is to regulate the provision of transport network services by transport network drivers through transport network platforms.

Section 3. Purpose of the Regulations Section The purpose of these Regulations shall be to regulate the provision of transport network services by transport network drivers through transport network platforms.
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PRELIMINARY - 4. Application of the Regulations

AI-assisted research summary: Applies the Regulations to transport network companies.

Section 4. Application of the Regulations Section to transport network companies;

Part II

TRANSPORT NETWORK COMPANIES

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TRANSPORT NETWORK COMPANIES - 10. Kenyan law shall apply to agreements

AI-assisted research summary: Governing law for agreements under regulation 9 is the laws of Kenya; disputes under such agreements shall be adjudicated before Kenyan courts or tribunals.

Section 10. Kenyan law shall apply to agreements Section 10(1) The governing law in respect of an agreement under regulation 9 shall be laws of Kenya. Section 10(2) Any dispute relating to an agreement under regulation 9 shall be adjudicated before Kenyan courts or tribunals.
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TRANSPORT NETWORK COMPANIES - 11. Duties of transport network companies

AI-assisted research summary: Transport network companies must ensure that every vehicle in their fleet holds a valid transport network vehicle license.

Section 11. Duties of transport network companies Section ensure that all the vehicles in its fleet have a valid transport network vehicle license;
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TRANSPORT NETWORK COMPANIES - 12. Validity and renewal

AI-assisted research summary: A transport network company licence is valid for one year from issue; renewal follows regulation 6 procedure with modifications, and the Authority must audit before renewing and may renew if the company has complied in full with the Regulations.

Section 12. Validity and renewal Section 12(1) Subject to these Regulations, a transport network company license shall be valid for a period of one year from the date of issue. Section 12(2) A transport network company licence may be renewed after the expiry of one year in accordance with the procedure, with the necessary modifications, set out in regulation 6. Section 12(3) The Authority shall, before renewing a transport network company license, conduct an audit of the transport network company and its operations to confirm compliance with these Regulations and may renew a transport network company ’s license if that company has complied in full with these Regulations.
13
TRANSPORT NETWORK COMPANIES - 13. Suspension or cancellation of licences

AI-assisted research summary: Lists grounds for suspending or cancelling a transport network company licence, describes notification and procedural steps, and recognizes the company’s right of appeal.

Section 13. Suspension or cancellation of licences Section 13(1)(a) failure to comply with any of the terms and conditions of the transport network company license; Section 13(1)(b) failure to comply with any of the provisions of these Regulations; Section 13(1)(c) the suspension, revocation or expiration of the registration issued by the Data Commissioner; or Section 13(1)(d) the transport network company has been declared to be insolvent. Section 13(2)(a) notify the transport network company in writing of the intention to suspend or cancel the license and the reasons thereof; Section 13(2)(b) afford the transport network company adequate opportunity to present their case against the suspension or cancelation; Section 13(2)(c) give the transport network company written reasons for the decision to suspend or cancel the licence; and Section 13(2)(d) notify the transport network company of the company’s right of appeal.
14
TRANSPORT NETWORK COMPANIES - 14. Operations of transport network companies

AI-assisted research summary: Requires transport network companies to verify passenger identity at enrollment; provide receipts; ensure security, privacy and support systems (with responses within twenty-four hours); provide lost-item retrieval; configure driver work-time logout after eight continuous hours; and prohibits discrimination against passengers with special needs.

Section 14. Operations of transport network companies Section 14(1)(a) the motor vehicle’s make and model to be used during the trip; Section 14(1)(b) the motor vehicle’s registration number; Section 14(1)(c) the transport network driver’s name; Section 14(1)(d) the transport network driver’s photo; and Section 14(1)(e) the estimated fare that shall be presented in a clear and transparent manner prior to a passenger accepting a ride. Section 14(2) A transport network company shall put in place a system to verify the identity of each passenger during enrollment on to the transport network platform. Section 14(3) A transport network company shall provide a printed or electronic receipt to the passenger at the conclusion of every trip. Section 14(4)(a) the rates, fees or surcharges charged for the trip; Section 14(4)(b) the date and time of the trip; Section 14(4)(c) the location at which the passenger was picked up and location which the passenger was transported to; Section 14(4)(d) the transport network driver’s name; Section 14(4)(e) the transport network vehicle used during the trip and its motor vehicle registration number; and Section 14(4)(f) the duration and distance of the trip. Section 14(5) A transport network company shall put in place measures to guarantee the security, protection and privacy of the transport network driver and transport network passenger. Section 14(6) The personal information of the transport network driver and transport network passenger collected, processed or otherwise used in relation to a transport network service shall be protected, processed or otherwise used in accordance with the Data Protection Act. Section 14(7) A transport network company shall maintain and publish for the benefit of its transport network passengers a service support system with the capability to leave messages at all times and where such messages shall be responded to within twenty-four hours by the company. Section 14(8) A transport network company shall provide a system through which passengers can retrieve items that may have been left behind after a trip in a transport network vehicle. Section 14(9) A transport network company shall not discriminate against passengers with special needs or disabilities including by ensuring that there are no additional charges or increased fares and wheelchairs and service animals are adequately accommodated during the provision of a transport network service. Section 14(10) A transport network company shall configure its transport network platform to ensure that after eight hours of continuous services in a twenty-four-hour period, the driver shall log out of the platform for at least four consecutive hours. Section 14(11) During a trip, no other person, except a transport network driver, shall be permitted to be in the transport network vehicle without the express consent of the transport network passenger.
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TRANSPORT NETWORK COMPANIES - 15. Deactivation, suspension or revocation of transport network vehicles

AI-assisted research summary: Requires transport network companies to follow their submitted deactivation/suspension/removal policy, give written notice and reasons, allow a challenge, and notify the Authority within seven days; requires the Authority to publish details and reasons of deactivated/suspended/removed drivers or owners.

Section 15. Deactivation, suspension or revocation of transport network vehicles Section 15(1)(a) ensure that the deactivation, suspension or removal complies with the duly submitted transport network company ’s deactivation, suspension or removal policy; Section 15(1)(b) give adequate notice to the transport network vehicle owner or transport network driver in writing of the intention to deactivate, suspend or remove the owner or driver from the transport network platform and the reasons thereof; Section 15(1)(c) afford the transport network vehicle owner or transport network driver with adequate opportunity to challenge the deactivation, suspension or removal; and Section 15(1)(d) give the transport network owner or transport network driver written reasons for its decision to deactivate, suspend or remove the owner or driver from the transport network platform . Section 15(2) The transport network company shall notify the Authority of the deactivation, suspension or removal of a transport network vehicle owner or a transport network driver from the transport network platform within seven days after the deactivation, suspension or removal. Section 15(3) The Authority shall publish on its website and in any other appropriate medium the details of transport network drivers or transport network owners who have been deactivated, suspended or removed from a transport network platform , and the reasons for the deactivation, suspension or removal. Section 15(4)(a) the conditions for the deactivation, suspension or removal of a transport network driver or transport network owner from the transport network platform ; Section 15(4)(b) in the case of suspension, the duration of suspension of a transport network driver or transport network owner from the transport network platform ; and Section 15(4)(c) the conditions and procedure for the reactivation and reinstatement of a transport network owner or transport network driver who was deactivated, suspended or removed from the transport network platform .
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TRANSPORT NETWORK COMPANIES - 16. Promotional price offerings

AI-assisted research summary: A transport network company must ensure that an owner is not negatively affected when promotional prices are offered to passengers.

Section 16. Promotional price offerings Section A transport network company shall ensure that an owner is not negatively affected in cases of promotional price offerings to passengers.
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TRANSPORT NETWORK COMPANIES - 17. Maintenance and retention of records

AI-assisted research summary: Lists records related to transport network services—vehicle registration number; driver name, driving license number and Public Service Vehicle registration number; passenger name and identification details; date, time and location of pick-up and drop-off; payment method; and pricing details—and provides for disclosure to the Authority on request after adequate notice, to a duly authorised police officer for investigation of an offence, or as the transport network company may be directed by a court order.

Section 17. Maintenance and retention of records Section 17(1)(a) the motor vehicle vehicle registration number used to offer the transport network service ; Section 17(1)(b) the name, driving license number and Public Service Vehicle registration number of the transport network driver who provided the transport network service ; Section 17(1)(c) the name and relevant identification details of the transport network passenger who was provided with the transport network service ; Section 17(1)(d) the date, time and location of pick-up and drop-off relating to the transport network service ; Section 17(1)(e) the method of payment made by the transport network passenger for the transport network service ; and Section 17(1)(f) the details relating to the pricing of transport network service . Section 17(2)(a) to the Authority on request and after adequate notice; Section 17(2)(b) to a duly authorised police officer in relation to the investigation of an offence; or Section 17(2)(c) as the transport network company may be directed by an order of a court of competent jurisdiction.
18
TRANSPORT NETWORK COMPANIES - 18. Reporting

AI-assisted research summary: Requires reporting of listed incident types and specified driver information.

Section 18. Reporting Section 18(1)(a) criminal complaint, investigation or arrest; Section 18(1)(b) allegation or complaint of sexual misconduct; Section 18(1)(c) allegation or complaint of traffic accident that resulted in a fatality; Section 18(1)(d) conviction of drunk driving; or Section 18(1)(e) allegation or complaint of assault or battery or verbal abuse. Section 18(2)(a) the driver’s name; Section 18(2)(b) the driver’s license number; Section 18(2)(c) the motor vehicle registration number driven or owned by the deactivated driver; and Section 18(2)(d) the reason for the driver’s deactivation.
5
TRANSPORT NETWORK COMPANIES - 5. Transport network company to be licensed

AI-assisted research summary: Anyone who wishes to offer transport network services in Kenya must apply in the prescribed form for a transport network licence.

Section 5. Transport network company to be licensed Section A person, entity or company that wishes to offer transport network services in Kenya shall apply in the prescribed form for a transport network licence.
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TRANSPORT NETWORK COMPANIES - 6. Requirements for licensing

AI-assisted research summary: Licensing applies to a body corporate that is legally recognized in Kenya.

Section 6. Requirements for licensing Section a body corporate that is legally recognized in Kenya.;
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TRANSPORT NETWORK COMPANIES - 7. Application for transport network company license

AI-assisted research summary: Application for transport network company license: certified copy of the certificate of incorporation if the applicant is a company incorporated under the Companies Act (Cap. 486);

Section 7. Application for transport network company license Section certified copy of the certificate of incorporation if the applicant is a company incorporated under the Companies Act (Cap. 486);
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TRANSPORT NETWORK COMPANIES - 8. Processing of applications

AI-assisted research summary: The Authority must grant a license to an applicant if satisfied the applicant complied with the Regulations and the applicant pays the fee prescribed in the Schedule; if the Authority refuses, it must notify the applicant in writing and specify the grounds for refusal.

Section 8. Processing of applications Section 8(1)(a) whether the applicant has complied with the requirements of these Regulations; and Section 8(1)(b) public interest. Section 8(2) Where the Authority is satisfied that the applicant has complied with the requirements of these Regulations, the Authority shall grant the applicant the license upon the payment of the fee prescribed in the Schedule. Section 8(3) All applications shall be considered within fourteen days after the submission of the application. Section 8(4) Where the Authority refuses to grant an applicant with a licence, it shall notify that applicant in writing of the refusal and specify the grounds for the refusal in the notification.
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TRANSPORT NETWORK COMPANIES - 9. Transport network agreements

AI-assisted research summary: Transport network agreements must set duties between companies, vehicle owners, drivers and subscribers, and any commission payable by a driver or owner to the company must not exceed eighteen per cent of total trip earnings.

Section 9. Transport network agreements Section 9(1)(a) the owner of a motor vehicle that shall be used to offer transport network services; Section 9(1)(b) a person who is licensed to drive a motor vehicle and possesses a Public Service Vehicle license; and Section 9(1)(c) a person who has subscribed to the transport network service being offered by the transport network company . Section 9(2)(a) the duties of the transport network company to the owner of the motor vehicle being used to offer transport network services; Section 9(2)(b) the duties of the owner of the motor vehicle being used to offer transport network services to the transport network company ; Section 9(2)(c) the duties of the transport network company to a person who has subscribed to the service being offered by the company; Section 9(2)(d) the duties of a transport network driver to a subscriber of the transport network service ; Section 9(2)(e) the procedure for subscribing to a transport network service , and activating and deactivating the service; Section 9(2)(f) the period during which the agreement shall be valid; and Section 9(2)(g) the commission which shall be paid by a transport network driver or a transport network owner to the transport network company , which shall not exceed eighteen per cent of the total earnings of the trip. Section 9(3) A transport network agreement shall not include and terms or conditions designed to increase the commission payable by a transport network driver or transport network owner such that it exceeds eighteen per cent of the total earnings per trip as required under subregulation (2)(g).

Part III

TRANSPORT NETWORK VEHICLES

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TRANSPORT NETWORK VEHICLES - 19. Requirements for transport network vehicles

AI-assisted research summary: The transport vehicle’s owner must keep drivers' license details for at least one year and must have a written agreement with the transport network driver describing their relationship.

Section 19. Requirements for transport network vehicles Section 19(1)(a) have a valid vehicle insurance cover; Section 19(1)(b) have a valid certificate of roadworthiness; and Section 19(1)(c) not be more than sixteen years from the date of manufacture. Section 19(2)(a) at all times, be maintained in such condition as to ensure its safe operation and the safety of transport network passengers; and Section 19(2)(b) be equipped with a hands-free accessory for mobile devices. Section 19(3)(a) the transport vehicle’s owner shall maintain the driver’s license details for a minimum period of one year; and Section 19(3)(b) enter into a written agreement with the transport network driver detailing the nature of their relationship.

Part IV

TRANSPORT NETWORK DRIVERS

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TRANSPORT NETWORK DRIVERS - 20. Requirements for transport network drivers

AI-assisted research summary: Requirements for transport network drivers: have a valid driving license with the relevant driver endorsement issued by the Authority.

Section 20. Requirements for transport network drivers Section have a valid driving license with the relevant driver endorsement issued by the Authority; and
21
TRANSPORT NETWORK DRIVERS - 21. Duties of transport network drivers

AI-assisted research summary: Section 21 lists duties and prohibitions for transport network drivers, including displaying an approved identification sticker, treating passengers courteously, issuing tickets, reporting accidents, restrictions on conduct (no intoxication, no smoking/vaping while carrying passengers, no abusive behaviour), account non-transfer, limits on soliciting street-hails or cabstand pickups, returning lost items, and a maximum of eight continuous driving hours in 24 hours.

Section 21. Duties of transport network drivers Section 21(1)(a) display at a conspicuous place on the transport network vehicle a sticker or an identification mark approved by the Authority; Section 21(1)(b) treat transport network passengers courteously; Section 21(1)(c) when playing music in a transport network vehicle , ensure that the music played does not exceed the prescribed limits in the course of the journey; Section 21(1)(d) ensure that passengers are issued with tickets or receipts for fare paid; Section 21(1)(e) report any accidents involving the transport network vehicle immediately to the relevant authorities; Section 21(1)(f) ensure that all innovative decorations on the transport network vehicle are not offensive; Section 21(1)(g) ensure that no innovative decorations are painted, sprayed, drawn on or affixed to any window, the front and back windscreens, lights, indicators or chevrons of the transport network vehicle ; Section 21(1)(h) ensure that none of the passenger, co-driver and driver windows, the front and back windscreens, lights, indicators or chevrons of the transport network vehicle are tinted or painted, sprayed or drawn on any innovative decorations; Section 21(1)(i) ensure that innovative decorations on the transport network vehicle do not have reflective properties; Section 21(1)(j) ensure that no additional exterior and interior lighting is affixed other than those affixed by the manufacturer of the transport network vehicle ; Section 21(1)(k) ensure that his or her own acts or omissions do not adversely affect the health and safety of transport network passengers, and Section 21(1)(l) comply, so far as is reasonable, with any lawful instruction that is given by the transport network company to enable compliance with these Regulations. Section 21(2)(a) drive while having consumed any intoxicating liquor; Section 21(2)(b) drive if impaired by any legally prescribed or over-the- counter drugs or medications; Section 21(2)(c) smoke any substance or use any device that produces a smoke-like vapor while operating carrying a passenger; Section 21(2)(d) chew khat while driving; Section 21(2)(e) drive transport network passengers to their destination by any other than the shortest and most direct route, unless requested to do so by the passenger; Section 21(2)(f) drive any transport network vehicle while using a mobile communications device without a hands-free accessory; Section 21(2)(g) be physically or verbally abusive to any transport network passenger ; Section 21(2)(h) use offensive gestures; or Section 21(2)(i) refuse to transport to a requested destination any transport network passenger of proper demeanor whose request for service the transport network driver has accepted on the transport network service platform. Section 21(3)(a) the passenger is acting in a disorderly or threatening manner; or Section 21(3)(b) the passenger refuses to state a specific destination upon entering the vehicle. Section 21(4) A transport network driver may not assign, transfer to, or allow usage of the transport network service platform account by any other person, including another licensed transport network driver . Section 21(5) A transport network driver shall return any lost articles recovered in a transport network vehicle to the rightful owner at the transport network passenger ’s cost. Section 21(6) A transport network driver shall not pick up passengers at cabstands, or solicit rides, or respond to street-hails. Section 21(7) A transport network driver shall not offer or provide transport network services for more than eight continuous hours in a twenty- four-hour period. Section 21(8) A transport network driver shall ensure that no other person not being a transport network passenger shall be permitted to be in the transport network vehicle except with the express consent of the transport network passenger .

Part V

TRANSPORT NETWORK PASSENGERS

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TRANSPORT NETWORK PASSENGERS - 22. Duties of transport network passengers

AI-assisted research summary: Transport network passengers must not willfully obstruct or impede the transport network driver of the transport network vehicle.

Section 22. Duties of transport network passengers Section not willfully obstruct or impede the transport network driver of the transport network vehicle ;

Part VI

MISCELLANEOUS PROVISIONS

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MISCELLANEOUS PROVISIONS - 23. Appeals

AI-assisted research summary: A person aggrieved by any decision of the Authority under these Regulations may appeal to the Appeals Board.

Section 23. Appeals Section A person aggrieved by any decision of the Authority under these Regulations may appeal to the Appeals Board.
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MISCELLANEOUS PROVISIONS - 24. Transitional Provisions

AI-assisted research summary: Transport network companies and vehicles operating before these Regulations began must continue operating for ninety days and must obtain the required licences within that period; a person who fails to apply for a new licence within the prescribed period must stop operating the licensed activity.

Section 24. Transitional Provisions Section 24(1) Each transport network company and transport network vehicle that was in operation before the commencement of these Regulations shall continue to operate for a period of ninety days within which they shall be required to acquire the necessary licenses provided for under these Regulations. Section 24(2) A person who fails to apply for a new license under these Regulations within the prescribed period shall cease to operate the licensed activity.
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MISCELLANEOUS PROVISIONS - 25. Offences and penalties

AI-assisted research summary: A person who contravenes any provision of these Regulations commits an offence and on conviction is liable to a fine not exceeding twenty thousand shillings or to imprisonment for a term not exceeding six months, or both.

Section 25. Offences and penalties Section A person who contravenes any provision of these Regulations commits an offence and shall be liable on conviction to a fine not exceeding twenty thousand shillings or to imprisonment for a term not exceeding six months or both.

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