National Transport and Safety Authority Act

Section 1. Short title Section This Act may be cited as the National Transport and Safety Authority Act.

Section 2. Interpretation Section 2(1) In this Act, unless the context otherwise requires— "Authority" means the National Transport and Safety Authority established under section 3 ; "authorised person" means a person authorised the Authority to carry out duties and functions under this Act; "Board" means the Board of Directors of the Authority constituted under section 8 ; "Cabinet Secretary" means the Cabinet Secretary for the time being responsible for matters relating to transport; "chairperson" means the chairperson of the Board appointed under section 8 ; "driver" means a person who drives or guides or is in the physical control of any vehicle on the road; "driving licence" means a licence to drive a motor vehicle issued under the Traffic Act (Cap. 403), and any document deemed to be a driving licence under the Act; "levy" means the national transport and safety levy established under section 46 ; "motor vehicle" has the meaning assigned to it under the Traffic Act (Cap. 403); "public service vehicle" has the meaning assigned to it under the Traffic Act (Cap. 403); Section 2(2) Notwithstanding subsection (1), until after the first elections under the Constitution, references...

Section 3. Establishment of the Authority Section 3(1) There is established an Authority to be known as the National Transport and Safety Authority. Section 3(2)(a) suing and being sued; Section 3(2)(b) taking, purchasing or otherwise acquiring, holding, charging or disposing of movable and immovable property; Section 3(2)(c) borrowing money; Section 3(2)(d) entering into contracts; and Section 3(2)(e) doing or performing all other things or acts for the proper performance of its functions under this Act which may be lawfully done or performed by a body corporate.

Section 4. Functions of the Authority Section 4(1)(a) advise and make recommendations to the Cabinet Secretary on matters relating to road transport and safety; Section 4(1)(b) implement policies relating to road transport and safety; Section 4(1)(c) plan, manage and regulate the road transport system in accordance with the provisions of this Act; Section 4(1)(d) ensure the provision of safe, reliable and efficient road transport services; and Section 4(1)(e) administer the Acts of Parliament set out in the First Schedule and any other written law. Section 4(2)(a) register and license motor vehicles; Section 4(2)(b) conduct motor vehicle inspections and certification; Section 4(2)(c) regulate public service vehicles; Section 4(2)(d) advise the Government on national policy with regard to road transport system; Section 4(2)(e) develop and implement road safety strategies; Section 4(2)(f) facilitate the education of the members of the public on road safety; Section 4(2)(g) conduct research and audits on road safety; Section 4(2)(h) compile inspection reports relating to traffic accidents; Section 4(2)(i) establish systems and procedures for, and oversee the training, testing and lice...

Section 5. Headquarters of the Authority Section 5(1) The headquarters of the Authority shall be in the capital city. Section 5(2) The Authority may establish such other offices anywhere in Kenya as it may consider necessary for the discharge of its functions.

Section 6. Board of the Authority Section 6(1)(a) a chairperson appointed by the President; Section 6(1)(b) the Principal Secretary in the Ministry responsible for matters relating to transport; Section 6(1)(c) the Principal Secretary in the Ministry responsible for matters relating to finance; Section 6(1)(d) the Attorney-General; Section 6(1)(e) the Inspector-General of the National Police Service; Section 6(1)(f) four persons appointed by the Cabinet Secretary; Section 6(1)(g) two persons appointed by the Cabinet Secretary to represent groups with special interests in the transportation industry; and Section 6(1)(h) a Director-General appointed under section 15 . Section 6(2) The appointment of the chairperson and members of the Board under section 6 (f) and (g) shall be by notice in the Gazette . Section 6(3) In appointing persons as members of the Board, the Cabinet Secretary shall have regard to the principle of gender equity and regional balance. Section 6(4) The members referred to under subsection (1)(b), (c), (d) and (e) may in writing, designate an officer to represent them in the Board.

Section 7. Tenure of office Section The chairperson and members of the Board, other than the ex officio members, shall hold office for a period of three years and shall be eligible for reappointment for one further term.

Section 8. Remuneration of Board members Section There shall be paid to the members of the Board, such remuneration, fees or allowances as the Cabinet Secretary may, in consultation with the Salaries and Remuneration Commission, determine.

Section 9. Qualifications for appointment Section holds a degree from a university recognised in Kenya; and

Section 10. Vacation of office Section is unable to perform the functions of his office by reason of mental or physical infirmity;

Section 11. Powers of the Board Section enter into contracts;

Section 12. Committees of the Board Section 12(1) The Board may establish such committees as it may consider necessary for the performance of its functions and the exercise of its powers under this Act. Section 12(2) The Board may co-opt any person to sit on any committee established under subsection (1), whose knowledge and skills are found necessary for the performance of the functions of the Board.

Section 13. Delegation by the Board Section The Board may by resolution either generally or in any particular case, delegate to any committee of the Board or to any member, officer, employee or agent of the Authority, the exercise of any of the powers or the performance of any of the functions of the Board under this Act or under any other written law.

Section 14. Conduct of business and affairs of the Board Section The Board shall conduct its affairs in accordance with the provisions of the Second Schedule.

Section 15. Director-General Section 15(1) There shall be a Director-General of the Authority who shall be competitively recruited and appointed by the Board, on such terms and conditions as the Board shall determine. Section 15(2)(a) holds a degree from a university recognized in Kenya; and Section 15(2)(b) transport; Section 15(2)(b)(i) transport; Section 15(2)(b)(ii) law; Section 15(2)(b)(iii) public health; Section 15(2)(b)(iv) civil engineering; or Section 15(2)(b)(v) economics. Section 15(3) The Director-General shall be an ex officio member of the Board and shall have no right to vote at any meeting of the Board.

Section 16. Tenure of office of Director-General Section The Director-General shall be appointed for a term of three years and shall be eligible for reappointment for one further term.

Section 17. Functions of the Director-General Section 17(1) The Director-General shall be the chief executive officer of the Authority and secretary to the Board. Section 17(2)(a) be responsible for the day-to-day management of the Authority; Section 17(2)(b) manage the funds, property and affairs of the Authority; Section 17(2)(c) be responsible for the management of the staff of the Authority; Section 17(2)(d) implement the policies, programmes and objectives of the Authority; Section 17(2)(e) the strategic plan and annual plan of the Authority; and Section 17(2)(e)(i) the strategic plan and annual plan of the Authority; and Section 17(2)(e)(ii) the annual budget and audited accounts of the Authority; and Section 17(2)(f) perform such other duties as may be assigned by the Board.

Section 18. Removal of Director-General Section inability to perform the functions of the office arising out of physical or mental incapacity;

Section 19. Staff of the Authority Section 19(1) The Board may appoint such officers, agents and staff as are necessary for the proper and efficient discharge of the functions of the Authority under this Act. Section 19(2) The staff appointed under subsection (1) shall serve on such terms and conditions as the Board may, in consultation with the Salaries and Remuneration Commission, determine.

Section 20. Seal of the Authority Section 20(1) The common seal of the Authority shall be kept in the custody of the Director- General or such other person as the Board may direct, and shall not be used except upon the order of the Board. Section 20(2) The common seal of the Board shall, when affixed to a document and authenticated, be judicially and officially noticed and unless the contrary is proved, any order or authorization by the Board under this section shall be presumed to have been duly given. Section 20(3) The seal of the Authority shall be authenticated by the signature of the Director-General and the chairperson of the Board or in the absence of either person, such other member of the Board who shall be designated by the Board for that purpose on his behalf.

Section 21. County transport and safety committees Section 21(1) The Authority may establish in each county, a committee to be known as the county transport and safety committee. Section 21(2)(a) the officer in charge of traffic in the county who shall be the secretary to the committee; Section 21(2)(b) two persons responsible for overseeing the registration and licensing of vehicles within the county nominated by the Board; Section 21(2)(c) one person nominated by the Association of Public Transport Operators to represent the Association; Section 21(2)(d) one person with knowledge and experience in matters relating to transport within the county nominated by the county governor; and Section 21(2)(e) two persons nominated by the county governor on the recommendations of the Authority to represent such special interests within the county as the Authority shall determine. Section 21(3) Notwithstanding the provisions of subsection (2), where the county transport and safety committee is constituted before the first elections under the Constitution, the Cabinet Secretary shall nominate persons under subsections (2)(d) and (e) and shall hold office pending the appointment by the county g...

Section 22. Functions of the county transport and safety committee Section oversee the management and regulation of the road transport system by the Authority at the county level;

Section 23. Conduct of affairs of the county transport and safety committees Section The provisions relating to the conduct of the affairs of the Board prescribed in the Second Schedule shall apply with necessary modifications to the conduct of the affairs of the county transport and safety committee.

Section 24. Protection from personal liability Section No matter or thing done by a member of the Board or any officer, employee, or agent of the Authority shall, if the matter or thing is done in good faith and in the course of executing the functions, powers or duties of the Authority, render the member, officer, employee or agent personally liable for any action, claim or demand whatsoever.

Section 25. Liability of the Authority to damages Section The provisions of section 24 shall not relieve the Authority of the liability to compensate or pay damages to any person for any injury to him, his property or any of his interests caused by the exercise of any power conferred by this Act or any other written law or by the failure, whether wholly or partially of any works.

Section 26. Licensing of motor vehicles Section 26(1)(a) operate any class of vehicle including private vehicles as public service vehicles; or Section 26(1)(b) operate a commercial service vehicle whose tare weight exceeds three thousand and forty eight kilograms, unless the vehicle is licensed by the Authority. Section 26(2) A registered owner, driver, or a person in possession of a motor vehicle used for the carriage of goods shall, for the purpose of this Part, be deemed to be the person by whom the vehicle is being used. Section 26(3) Where at any time goods are carried in a motor vehicle which has been let on hire by the person who at the time of the carriage of the goods, is within the meaning of this Act, the user of the motor vehicle, the goods shall be deemed to be carried by that person for hire or reward. Section 26(4)(a) the delivery or collection by a person of goods sold, used or let on hire or hire purchase in the course of a trade or business carried on by him; Section 26(4)(b) the delivery or collection by a person of goods which have been, or are to be, subjected to a process or treatment in the course of a trade or business carried on by him; Section 26(4)(c) th...

Section 27. Classes of licences Section 27(1)(a) a road service licence issued for the carriage of passengers and goods; Section 27(1)(b) a "B" carrier’s licence issued for the carriage of commercial goods; Section 27(1)(c) a tourist service licence; and Section 27(1)(d) a short term licence issued for the carriage of passengers and goods under paragraph (a) or (b) on a short-term basis. Section 27(2) A holder of a road service licence may, subject to any conditions attached to the issuance of the licence, use a motor vehicle in respect of which the licence is issued for the carriage of goods for hire or reward but, unless the Authority, in its discretion, otherwise determines, it shall be a condition of the licence that no motor vehicle which is for the time being an authorized motor vehicle shall be used for the carriage of goods for or in connection with any other trade or business carried on by him except such storage or warehousing of goods as may be incidental to his business as a carrier. Section 27(3) For the purposes of this section, different types of motor vehicles or different types of trailers, as the case may be, may be distinguished in a licence and a maximum number...

Section 28. Exclusive licences Section 28(1) Notwithstanding any other provisions of this Act, the Authority may, with the approval of the Cabinet Secretary, and subject to such conditions as it may consider fit to impose, grant to any person an exclusive licence authorizing such person to operate a motor vehicle as the case may be, for the carriage of passengers or goods in such areas, over such routes or between such places and for such period as the Authority may determine, and the provisions of this Act regarding applications for the grant of a licence shall apply to the applications for and grant of any exclusive licence. Section 28(2) Where the Authority intends to grant an exclusive licence under subsection (1), it shall, by notice in the Gazette and in a local newspaper of wide circulation in the area to which the proposed exclusive licence relates, publish a notice of its intention to grant such licence at least thirty days before the date on which it intends to grant the licence.

Section 29. Discretion of authority to refuse licences Section The Authority may grant or decline to grant any application for a licence, or grant a licence subject to such conditions as it may consider fit to impose, and, in exercising its discretion, the Authority shall have regard to the public interest, including the interest of persons requiring and those of persons providing facilities for transport, and to such other matters as may be prescribed: Provided that the Authority shall, before granting any road service licence in respect of any vehicle for the carriage of passengers from, through or into, the area of jurisdiction of any County, consult and have regard to the laws of the County relating to the place in the area of such County at which the vehicle may stop or start and the route to be taken by such vehicle.

Section 30. Conditions for the issuance of a licence Section 30(1)(a) the motor vehicle in respect of which the licence is issued is maintained in a fit and serviceable condition; Section 30(1)(b) the provisions of any law for the time being in force relating to limits of speed weight while laden and unladen, the loading of goods vehicles and the number of passengers to be carried, are complied with in relation to the authorized motor vehicles; Section 30(1)(c) the provisions of this Act, and of any rules made by the Authority relating to the keeping of records, are complied with; and Section 30(1)(d) that the public service motor vehicle operate in the authorized routes. Section 30(2)(a) a condition that a motor vehicle in respect of which a licence is issued shall operate in a specified area or over a specified route; Section 30(2)(b) a condition that certain classes or descriptions of goods shall or shall not be carried; Section 30(2)(c) a condition specifying the charges or the maximum or minimum charges to be made for the carriage of goods; or Section 30(2)(d) such other conditions as the Authority may prescribe. Section 30(3)(a) the fares imposed for the carrying of passenger...

Section 31. Exemptions from conditions of a carrier’s licence Section A condition imposed with respect to a carrier’s licence shall not apply while the motor vehicle is being used for any purpose for which it might lawfully be used without the authority of a licence.

Section 32. Duration of a licence Section 32(1) Subject to the provisions of subsection (2), every licence shall, unless previously revoked, remain in force for one year from the date of issue: Provided that, if on the date of the expiration of a licence, proceedings are pending before the Authority on an application for the grant of a new licence with respect to the same vehicle, the existing licence shall continue in force until such application is determined. Section 32(2)(a) for the purpose of carrying on business for a short-term; Section 32(2)(b) for the purpose of the execution of a particular piece of work; or Section 32(2)(c) for any other purpose of limited duration. Section 32(3) Without prejudice to the generality of subsection (2), the Authority may grant a short term licence if it is satisfied that the demand for the use of the motor vehicle to be so licensed is urgent and is in public interest. Section 32(4) If on the date of the expiration of a licence other than a short term licence, proceedings are pending before the Authority on an application by the licensee for the grant to him of a new licence, the existing licence shall continue in force until the application...

Section 33. Licence not transferable Section A licence issued under this Act shall not be transferable except with the written consent of the Authority, and, in the case of an exclusive licence, with the written consent of the Cabinet Secretary, endorsed on such licence.

Section 34. Power to revoke or suspend licences Section 34(1)(a) comply with a condition for the issuance of the licence; or Section 34(1)(b) fails to operate the motor vehicle with respect to which the licence is issued for a period of three months during the period for which the licence is issued. Section 34(2) The Authority shall, where it revokes or suspends a licence and at the request of the licensee inform the licensee in writing, the reasons for such revocation or suspension. Section 34(3) The Authority may, in lieu of revoking or suspending a carrier’s licence, direct that any one or more of the motor vehicles specified in the licence be expunged from the licence, or that the maximum number of motor vehicles or of trailers specified in the licence be reduced. Section 34(4) Where the Authority directs that a motor vehicle specified in a licence be removed from the licence, the motor vehicle shall cease to be a licenced vehicle under this Act.

Section 35. Expiry of licence Section Where a licensee sells, transfers (otherwise than by way of security for any purpose) or otherwise disposes of the motor vehicle or any business in respect of which such licence was issued, such licence shall, unless any written consent of the Authority has been endorsed on such licence, expire with effect from the date of such sale, transfer or other disposal, and the vendor or transferor, or person who otherwise disposed of such motor vehicle or business, shall return to the Authority, the identity certificates and the licences issued under such identity certificates.

Section 36. Power to call for further particulars Section A person applying for a licence under this Act shall, in addition to any particulars which he is required to furnish with his application, submit to the Authority any information which it may reasonably require for the discharge of its duties in relation to the application and in particular shall submit such particulars as the Authority may require with respect to any business as a carrier of passengers and goods for hire or reward carried on by the applicant at any time before the making of the application and of the rates charged or proposed to be charged by the applicant and of the wages and conditions and hours of employment of persons employed in connection with the motor vehicle proposed to be used under the licence.

Section 37. Applicant to furnish details of motor vehicle within three months Section 37(1) Where an application for the grant of a licence has been approved by the Authority, the applicant shall, if at the time of making the application, he had not finalized the purchase of the motor vehicle in respect of which the application is made, furnish the prescribed details required of such motor vehicle within three months after the date of approval by the Authority. Section 37(2)(a) the approval issued by the Authority shall lapse; and Section 37(2)(b) subject to subsection (3), the Authority shall not approve an application by the applicant of a licence of a similar class until a period of six months from the date of such application has expired. Section 37(3) The Authority may, where an applicant under subsection (2) shows sufficient cause for the delay in submitting the prescribed information, grant a licence or determine a subsequent application for a licence before the expiry of six months and may impose such conditions which it considers appropriate.

Section 38. Appeals against decision of Authority Section being an applicant for the grant or variation of a licence, is aggrieved by the decision of the Authority on the application;

Section 39. Transport Licensing Appeal Board Section 39(1) There is established the Transport Licensing Appeals Board. Section 39(2) The Appeals Board shall consist of a chairperson and four other members appointed by the Cabinet Secretary. Section 39(3) The members of the Appeals Board shall hold office for such term and under such conditions as the Cabinet Secretary may determine. Section 39(4) Three members of the Appeals Board shall form a quorum. Section 39(5) The Appeals Board may, on any appeal, affirm or reverse the decision of the Authority, or make such other order as the Board considers necessary and fit. Section 39(6) Where the Appeals Board has received an appeal under this section, it shall consider that appeal and, if it determines that the grounds of appeal are frivolous or vexatious or do not disclose sufficient reason for interfering with the decision of the Authority, may summarily reject the appeal. Section 39(7) Save as may be prescribed, the Appeals Board shall regulate its procedure and proceedings as it may consider appropriate. Section 39(8) The Cabinet Secretary shall make rules for regulating the practice and procedure of the Appeals Board. Section 39(9)(...

Section 40. Forgery, etc., of licences Section 40(1)(a) forges within the meaning of Chapter XXXIV of the Penal Code (Cap. 63), or alters or uses or lends to or allows to be used by any other person, a licence, or any document, plate or mark by which the subject of the licence is to be identified as being licensed under this Act; or Section 40(1)(b) makes or has in his possession any document, plate or mark so closely resembling a licence, or any such document, plate or mark as aforesaid, as to be calculated to deceive, Section 40(2)(a) obtaining a licence; Section 40(2)(b) obtaining a variation of a licence; Section 40(2)(c) preventing the grant or variation of any licence; or Section 40(2)(d) procuring the importation of any condition or limitation in relation to a licence,

Section 41. Contravention of conditions of a licence Section A person who drives or uses a motor vehicle in contravention of any of the provisions of this Act, or being the owner of such vehicle, allows a person to so use it, and any driver or other person in charge of any vehicle in respect of which a licence has been granted under this Act who drives or uses such vehicle in contravention of any condition of such licence, or being the owner of such vehicle, allows a person to so use it, commits an offence and shall be liable, on conviction, to a fine not exceeding one hundred thousand shillings or to imprisonment for a term not exceeding one year.

Section 42. Power to stop and inspect vehicles Section 42(1) A police officer in uniform may stop and inspect any vehicle with a view to ascertaining whether or not the provisions of this Act or of any regulations made thereunder have been complied with, and may demand for inspection the production of any licence, certificate, document or record of any description whatsoever which may, under the provisions of this Act or of any regulations made thereunder be required to be carried on such vehicle and may require the driver or any other person travelling on such vehicle to give such information as such police officer may reasonably request in order to ascertain whether or not the provisions of this Act on regulations are being complied with. Section 42(2) A person who obstructs any police officer in the exercise of the powers conferred on such police officer by this section, or fails to comply with any lawful order given by such police officer or refuses to give any information when requested so to do by such police officer, commits an offence and shall be liable on conviction, to a fine not exceeding five thousand shillings, and in the case of a second or subsequent offence to a fi...

Section 43. Fees in respect of licences Section An applicant for a licence under this Act shall pay such fees at such times and in such manner as the Cabinet Secretary may prescribe shall be charged by the Authority in respect of the grant or variation of a licence.

Section 44. Rules in respect of records as to hours of work, journeys, loads, etc. Section 44(1)(a) with respect to every person employed by him as a driver or statutory attendant of an authorized motor vehicle, the times at which that person commenced and ceased work and particulars of his intervals of rest and the like information as respects himself when acting as such a driver or attendant; Section 44(1)(b) with respect to every journey of a motor vehicle on which goods are carried under a licence, particulars of the journey, of the rates charged and of the greatest weight of goods carried by the vehicle at any time during the period to which the record relates and the description and destination of the goods carried; and Section 44(1)(c) with respect to certain journeys of a vehicle on which passengers are carried, particulars in relation to the passengers travelling on board such vehicle in such form as the Authority may specify, Section 44(2) Subject to the provisions of the rules, the Authority may exempt a licensee from the observance, as respects the carriage of goods under a licence granted by him, of any requirements of the rules, and may grant such exemption either gen...

Section 45. Funds of the Authority Section such moneys as may accrue to, or vest in the Authority in the course of the exercise of its powers or the performance of it functions under this Act;

Section 46. National Transport and Safety Levy Section 46(1)(a) any services rendered by the Authority; premiums received by any insurance company in respect of every policy of insurance taken in accordance with the provisions of the Insurance (Motor Vehicles Third Party Risks) Act (Cap. 405), which shall be paid by the insurance company; and Section 46(1)(b) ten percent of the revenue collected from motor vehicle registration, motor vehicle inspection and issuance of driver licences. Section 46(2) A levy imposed under this section shall be determined from time to time and payable in such a manner as the Cabinet Secretary may specify in the order. Section 46(3) Where a person fails to pay any amount payable by way of levy on or before the date prescribed by the order, a sum equal to five per centum of the amount shall become due and payable in addition to the amount due for each month or part thereof during which the amount due remains unpaid. Section 46(4) All moneys received in respect of the levy shall be paid into the Fund and if not paid on or before the date prescribed in the order, the amount due and any sum payable under subsection (3) shall be a civil debt recoverable summ...

Section 47. National Transport and Safety Fund Section 47(1) There is established a Fund to be known as the National Road Transport and Safety Fund which shall vest in the Authority. Section 47(2)(a) moneys appropriated by Parliament; Section 47(2)(b) the levy; Section 47(2)(c) grants and donations made to the Authority; and Section 47(2)(d) moneys from a source approved by the Authority. Section 47(3)(a) conduct research activities and audits on road transport safety; Section 47(3)(b) conduct road safety education and awareness campaigns; Section 47(3)(c) implement road safety strategies; and Section 47(3)(d) carry out the operations of the Authority. Section 47(4) All receipts, savings and accruals for the Fund and the balance of the Fund at the end of the financial year shall be retained for the purposes for which the Fund is established. Section 47(5) There shall be paid out of the Fund any expenditure incurred by the Authority in the exercise of its powers or the performance of its functions under this Act.

Section 48. Investment of funds Section 48(1) The Authority may invest any of its funds in securities in which for the time being trustees may by law invest in trust funds, or in any other securities which the Treasury may, from time to time, approve for that purpose. Section 48(2) The Authority may place or deposit with such bank or banks as it may determine, any moneys not immediately required for the purposes of the Authority.

Section 49. Financial year Section The financial year of the Authority shall be the period of twelve months ending on the thirtieth June in each year.

Section 50. Annual Estimates Section 50(1) At least three months before the commencement of each financial year, the Board shall cause to be prepared estimates of the revenue and expenditure of the Authority for that year. Section 50(2) The annual estimates shall make provision for all estimated expenditure of the Authority for the financial year concerned. Section 50(3) The annual estimates prepared by the Board under subsection (2) shall be submitted to the Cabinet Secretary for tabling in the National Assembly.