Section 5 of Traffic Act CAP 403: Records of vehicles
(1) The Authority shall keep records of all motor vehicles and trailers registeredin Kenya, and shall cause every licensing officer to keep records of all vehicles registered by him.
(2) Vehicle records maintained by the Authority shall be open for inspection by any police officer or collector of customs who shall be entitled to a copy of any entry in such records free of charge.
(3) Any person who satisfies the Authority that he has reasonable causetherefor shall be entitled on payment of the prescribed fee to a copy of any entry in such vehicle records.
(4) The Authority shall create, maintain and update a database of all motor vehicles with diplomatic number plates which are owned or operated by foreign nationals, and shall require such number plates to be surrendered upon the end of the tour of duty, retirement or sale of the motor vehicle.
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- Section 5A - Use of information technology
(1) Subject to such conditions as the Registrar may prescribe, registration,licensing or any formalities and procedures under this Act may be carried out by use of information technology.
(2) For the...
- Section 5B - Application to use of computerized motor vehicle registration system
(1) A person who wishes to be registered as a user of a computerized motorvehicle registration system may apply in writing to the Registrar who may—
(a) grant the application subject to such...
- Section 5C - Cancellation of registration of registered user
The Registrar may, at any time, cancel the registration of a registered user of a computerized motor vehicle registration system if satisfied that the user has—
(a) failed to comply with a condition...
- Section 5D - Unauthorized access to computerized motor vehicle registration system
(1) A person commits an offence if the person—
(a) knowingly and without lawful authority, by any means gains access to or attempts to gain access to any computerized motor vehicle registration...
- Section 5E - Interference with computerized motor vehicle registration system
A person commits an offence if the person knowingly—
(a) falsifies any record or information stored in any computerized motor vehicle registration system;
(b) damages or impairs any computerized...
- Section 6 - Motor vehicles and trailers to be registered
(1) No person shall possess a motor vehicle or trailer, other than a vehicle exempted from the provisions of this Part, unless such vehicle is registered under this Act.
(1A) No motor vehicle...
- Section 6A - Relocation of motor vehicles
(1) Where the owner of a motor vehicle intends to move the motor vehiclepermanently to a place outside Kenya, the owner shall forthwith, return the identification plates and registration certificate...
- Section 7 - Inspection fee
The owner of a vehicle which is required under the provisions of this Part to be inspected shall, before the inspection is carried out, pay to a licensing officer the fee prescribed therefore.
- Section 8 - Owner of vehicle
The person in whose name a vehicle is registered shall, unless the contrary is proved, be deemed to be the owner of the vehicle.
- Section 9 - Change of ownership
(1) No motor vehicle or trailer the ownership of which has been transferred by the registered owner shall be used on a road for more than fourteen days after the date of such transfer unless the new...
- Section 10 - No registration of motor vehicles exported or imported unlawfully
Notwithstanding the provisions of this Act, a licensing officer shall not register a motor vehicle unless the owner of the vehicle satisfies him—
(a) that the vehicle has been lawfully exported from...
- Section 11 - Vehicles may be exempted from registration
The Minister may, by notice in the Gazette, exempt any vehicle, class or description of vehicle from the provisions of this Part.
- Section 12 - Vehicles to carry identification plates
(1) No motor vehicle or trailer registered under this Act or driven under the authority of a general dealer’s licence shall be used on a road unless there is fixed thereto in the prescribed manner the...
- Section 13 - Production of registration book
The owner of a vehicle shall, when requested by a police officer, produce for inspection, either immediately to the police officer or within five days of the request being made, at a police station...
- Section 14 - Penalties under this Part
Any person who contravenes or fails to comply with any of the provisions of this Part shall be guilty of an offence and liable on first conviction to a fine not exceeding ten thousand shillings or to...
- Section 15 - Motor vehicles and trailers to be licensed
(1) No person shall own or possess a motor vehicle or trailer, or use it on a road,unless such vehicle or trailer is licensed under and in accordance with this Part.
(2) Where the owner or person in...
- Section 16 - Application for licence
(1) An application for a license under this Part shall be made to a licensingofficer in the prescribed form accompanied by the fee payable and the vehicle registration book.
(2) Every vehicle more...
- Section 17 - Conditions for issue of licence
(1) A licensing officer shall issue a licence only if he is satisfied—
(a) that the vehicle is duly registered; and
(b) that the particulars in the registration book are correct; and
(c) that the...
- Section 17A - Vehicle inspection certificates
(1) Where—
(a) an inspector issues an inspection report for the purposes of section 17(2) showing that a motor vehicle or trailer complies with the provisions of this Act and of any rules made...
- Section 18 - Form of licences
Every vehicle licence shall be in the prescribed form.
- Section 19 - Fees and duration of licences
(1) Vehicle licences; other than a dealer’s general licence, may be issued forsuch periods and upon payment of such fees as may be prescribed:
Provided that, where a period is so prescribed, a...
- Section 20 - Licence to be carried on vehicle
No vehicle which is required to be licensed shall be used on a road unless the licence, which shall be legible and in no way defaced, is carried on the vehicle in the prescribed manner.
- Section 20A - Vehicle licence certificate to be carried on vehicle
(1) Every vehicle licensed under this Act shall, in addition to carrying the licenceas required by section 20 of this Act, carry in the prescribed manner a vehicle licence certificate issued by the...
- Section 21 - Duplicate licences
If a vehicle licence or vehicle licence certificate is lost, defaced, mutilated or rendered illegible, the Authority shall issue a duplicate licence or vehicle licence certificate on payment of the...
- Section 22 - New licence to be applied for in certain circumstances
(1) The holder of a vehicle licence shall apply for a new licence—
(a) where he desires to use the vehicle for any purpose not authorized by the licence; and
(b) where the vehicle is so altered that...
- Section 23 - Dealer’s general licence
(1) The Authority may issue to a dealer in, or manufacturer or repairer of,motor vehicles, upon application in the prescribed form and upon payment of the prescribed fees, such number of dealer’s...
- Section 24 - Use of dealer’s general licence
(1) No vehicle shall be used on any road under the authority of a dealer’s general licence—
(a) to convey passengers or goods for profit or reward;
(b) to carry or convey any goods whatsoever except...
- Section 25 - Duration of dealer’s general licence
(1) A dealer’s general licence shall continue in force until the 31st Decembernext following the date of issue.
(2) Every dealer’s general licence shall cease to be valid if the dealer ceasesto carry...
- Section 26 - Cancellation of dealer’s general licence
(1) The Authority may at any time cancel a dealer’s general licence for a breachof any of the provisions of this Act or of any regulations made thereunder which relate to dealer’s general...
- Section 27 - Dealer’s general licence not to be transferred without authority
A dealer’s general licence shall not be used for any purpose other than a purpose provided for in this Act, and shall not be transferred or assigned to any other person without the authority of the...
- Section 28 - Recovery of licence fees by civil process
Where under this Part a licence is required and has not been obtained, a sum equal to the prescribed fee payable in respect of such licence shall be due and owing to the Registrar by the person...
- Section 29 - Penalties under this Part
(1) Any person who contravenes or fails to comply with any of the provisionsof this Part shall be guilty of an offence and liable on first conviction to a fine not exceeding ten thousand shillings or...
- Section 30 - Drivers to be licensed
(1) No person shall drive a motor vehicle of any class on a road unless he is the holder of a valid driving licence or a provisional licence endorsed in respect of that class of vehicle.
(2) No...
- Section 31 - Conditions for granting of driving licence
(1) A licensing officer shall not grant an applicant a driving licence endorsed in respect of any class of motor vehicle unless the applicant—
(a) satisfies the licensing officer that he has passed a...
- Section 32 - Provisional driving licence
(1) Notwithstanding subsection (1) of section 31, a licensing officer may grant an applicant for a driving licence a provisional licence endorsed in respect of any class or classes of motor vehicle...
- Section 33 - Driving licences not to be granted to persons under certain ages
(1) No driving licence or provisional licence shall be granted to any person—
(a) under the age of sixteen years;
(b) under the age of eighteen years, except in respect of motorcycles;...
- Section 34 - Form of application
(1) Applications for driving licences and provisional licences shall be made toa licensing officer in the prescribed form, accompanied by the prescribed fee, and the particulars required in such form...
- Section 35 - Issue of driving licence to members of armed forces
Notwithstanding this Part, the Minister may make rules prescribing special terms and conditions for the issue of driving licences to members of the armed forces or any foreign military, naval or air...
- Section 36 - Production of driving licence on demand
(1) Any person driving a motor vehicle on a road shall carry his driving licenceor provisional licence, and, on being so required by a police officer, produce it for examination.
(2) For the purposes...
- Section 37 - Form of driving licence
(1) Driving licences and provisional licences shall be in the prescribed form,and there shall be affixed to each driving licence a photograph of the licence holder which shall be impressed with the...
- Section 38 - Duplicate licences
If a driving licence or provisional licence is lost, defaced or mutilated, the Authority shall upon application being made in the prescribed form and upon payment of the prescribed fee, issue to the...
- Section 39 - Driving tests
(1) Driving tests for the purpose of this Act shall be conducted by driving testexaminers.
(2) Driving tests shall be carried out in such manner as the Minister may direct,but shall in any case...
- Section 40 - Revocation, etc., of driving licences upon application by police
(1) Upon application by a police office of or above the rank of Superintendent, the Authority may—
(a) revoke the driving licence of any person who appears, in the opinion of the Authority, to be...
- Section 41 - Penalties under this Part
Any person who contravenes or fails to comply with any of the provisions of this Part shall be guilty of an offence and liable, where no penalty is specifically provided, on first conviction to a fine...
- Section 42 - Speed of motor vehicles
(1) No person shall drive, or, being the owner or person in charge of a vehicle, cause or permit any other person to drive, a vehicle on a road at a speed greater than such speed as may be prescribed...
- Section 43 - Penalties in relation to speed
(1) Any person who contravenes or fails to comply with any of the provisions of section 42 shall be guilty of an offence and liable to a fine of not exceeding one hundred thousand shillings.
(2) A...
- Section 44 - Driving under influence of drink
(1) Any person who, when driving or attempting to drive, or when in charge of a motor vehicle on a road or other public place, is under the influence of drink or a drug to such an extent as to be...
- Section 45 - Prohibition of drinking when driving or in charge of public service vehicle
(1) Any person who, when driving or in charge of, or during any period of dutyin connexion with the driving of, a public service vehicle, drinks any intoxicating liquor shall be guilty of an offence...
- Section 45A - Driving on pavement, pedestrian walkway, etc.
(1) No person shall, in order to avoid a buildup of traffic on a road, drive a motorvehicle on, or through, a pavement or a pedestrian walkway.
(2) A person who contravenes subsection (1) commits an...
- Section 46 - Causing death by driving or obstruction
Any person who causes the death of another by driving a motor vehicle on a road recklessly or at a speed or in a manner which is dangerous to the public, or by leaving any vehicle on a road in such a...