In 2021, the Traffic Act was submitted for amendment before the National Assembly. The Traffic (Amendment) Act, 2022 has sought to bring sanity in various aspects within the motoring sector mainly in the area of motor vehicle inspection and drunk driving.
Section 16 of the principal Act {Traffic Act CAP 403} is amended by deleting subsection (2) and substituting therefor the following new subsections-
“(2) Every vehicle that has been operated for a period exceeding four years from the recorded date of manufacture shall be subjected to inspection at intervals to be determined by the Authority.
(3) An inspection under subsection (2) shall be conducted by the Authority or persons authorized in writing by the Authority”.
To operationalize this section of the intended section of the Traffic Act, the National Transport and Safety Authority (NTSA) published two regulations, that is; Draft Motor Vehicle Inspection Regulations, 2022, and Draft Traffic (Drunk Driving) Rules, 2022 intend to enhance road safety.
The Authority then invited members of the public to submit their views on the draft laws and regulations. The same is set to continue up to and until March 2023 before the public views are considered and the final copy of the regulations published by the Cabinet Secretary Incharger of Transport.
The difference between the 2022 and 2023 Regulations is the fees charged in the First Schedule. You can find the fees proposed in the 2022 Regulations here.
Motor Vehicle Inspection Regulations
Under Regulation 3, the regulations state that all private vehicles which are more than four years old from the recorded date of manufacture shall undergo a motor vehicle inspection test after every two years. Provided that all private vehicles imported to the country shall be exempt from the requirement of inspection for two years from the date of registration in Kenya provided that they have been inspected prior to importation by the Kenya Bureau of Standards or their agents.
However, some vehicles are exempted, including army vehicles, police armored vehicles, presidential vehicles, tractors used exclusively for agricultural purposes, golf carts, motorized pedal cycles, and all-terrain vehicles.
The Regulations under Regulation 12 provide that the Authority shall license privately owned vehicle inspection centers to conduct motor vehicle inspection tests under a fee-sharing arrangement upon payment of the license fee specified in the First Schedule. The fee-sharing agreement is specified to be at a ratio of 80:20 in favor of the privatively owned inspection center.
Regulation 14. (1) outlines that a person or body corporate shall not operate more than three privately owned vehicle inspection centers.
Regulation 22 outlines Offences under the Regulation. The Regulations do not provide for the penalty for each offence but Regulation 22(2) outlines a general penalty; A person who contravenes any provisions of these Regulations commits an offence and is liable on conviction to a fine not exceeding Kenya shillings 1,000,000 or imprisonment not exceeding 6 years or both in addition to any administrative action the Authority is empowered to take.
The 2023 Draft Motor Vehicle Inspection Regulations are similar to the 2022 ones save for the First Schedule
Finally, the Regulations provide for the rates payable by motorists for inspection as outlined below:
- Inspection of motorcycles and three-wheelers – 1,300/-
- Inspection of vehicles below 3000 cc – 2,600/-
- Inspection of vehicles above 300cc – 3,900/-
- Inspection of trailers under 5tons – 2,600/-
- Inspection of trailers over 5tons – 3,900/-
- Inspection of heavy commercial vehicles less than 5 tons – 3,900/-
- Inspection of heavy commercial vehicles over 5 tons – 4,600/-
- Inspection report for accident vehicles – 2,600/-
The Regulations further provide for the fees payable by the Private owned vehicle inspection centers for licensing as follows:
- Inspector license annually – 5,000/
- Annual Inspection Center License Fee
- Cities – 250,000/-
- Municipalities – 200,000/-
- Others – 150,000/-
Section 2 of The First Schedule further provides that; The Authority (NTSA) shall enter into a fee-share arrangement with privately owned inspection center owners at a ratio of 70:30 in favor of the privately owned inspection center.
We urge you to come out and give your views on the two Regulations. Please find them here.
Young Lawyer with a passion for vehicles.
Upcoming Motor Journalist.
L'écriture est ma passion.
Nissan Patrol Y 62 is the goal.
www.karimi.co.ke
karimi@spaceyamagari.com
