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.

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;

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.

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

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.

Section 6. Requirements for licensing Section a body corporate that is legally recognized in Kenya.;

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);

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.

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 tr...

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.

Section 11. Duties of transport network companies Section ensure that all the vehicles in its fleet have a valid transport network vehicle license;

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.

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.

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 t...

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...

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.

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.

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.

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.

Section 20. Requirements for transport network drivers Section have a valid driving license with the relevant driver endorsement issued by the Authority; and

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

Section 23. Appeals Section A person aggrieved by any decision of the Authority under these Regulations may appeal to the Appeals Board.

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.

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.