Section 70 of Traffic Act CAP 403: Traffic signs
(1) Subject to and in conformity with such general or other directions as maybe given by the Minister, a highway authority may cause or permit traffic signs to be placed on or near a road.
(1A) Without prejudice to the generality of subsection (1), a highway authority shall cause to be placed on or near a road traffic signs prescribing speed limits on the road.
(2) Traffic signs shall be of the prescribed size, colour and type except where the Minister authorizes the erection or retention of a sign of another character.
(3) After the commencement of this Act, no traffic signs shall be placed on or near any road except under and in accordance with subsections (1) and (2) of this section:
Provided that—
(i) nothing in this subsection shall apply to any notice in respect to the use of a bridge;
(ii) a highway authority or police officer of or above the rank of Inspector may authorize the erection of any traffic sign for any special purpose for a period not exceeding seven days, and such traffic sign shall be deemed to be lawful even though it does not conform to the requirements of this section.
(4) All traffic signs shall be deemed to have been lawfully erected until the contrary is proved.
(5) A highway authority may, by notice in writing, require the owner or occupier of any land on which there is any traffic sign or any object which so closely resembles a traffic sign that it might reasonably be taken to be such a sign to remove it, and if any person fails to comply with such a notice the highway authority may effect the removal, doing as little damage as may be, and may recover as a civil debt recoverable summarily from the person so in default the expense incurred in so doing:
Provided that this subsection shall not apply in the case of any sign or object so long as its retention is expressly authorized by the highway authority.
(5A) The driving licence of a person who has been convicted for the violation of a speed limit prescribed for a road under subsection (1A) shall be invalidated for a period not less than three years—
(a) if the violation of the limit is by more than twenty kilometres per hour; and
(b) the violation is repeated three or more different times.
(5B) A person who violates a speed limit prescribed for a road under subsection (1A) by more than twenty kilometres per hour commits an offence and shall be liable, on conviction, to imprisonment for a term of not less than three months, or a fine of not less than twenty thousand shillings, or both.
Enhance Your Research with Bookmarks and Annotations
Here's how you can use these features:
- To bookmark this page, click the "Bookmark this Page" button below the document title.
- To add an annotation, highlight text in the document and select "Add Annotation" from the toolbar that appears.
- These features are great for organizing your research and keeping track of key information.
- You can view and manage your bookmarks and annotations on your Bookmarks and Annotations page.
- Section 71 - Closure of roads
(1) It shall be lawful for the highway authority or its authorized representative, for the purpose of preventing damage being caused to any road or for the purpose of carrying out any works which it...
- Section 72 - Injury to bridges
If any injury to a bridge or road is caused through any contravention of this Act, it shall be lawful for the highway authority to make good such injury and to recover the cost thereof from the owner...
- Section 72A - Power to make by-laws for designated parking places
(1) A local authority may, by by-laws—
(a) designate parking places on roads, within its area of jurisdiction for vehicles or vehicles of any particular class or description, having regard to both...
- Section 72B - Charges for use of designated parking places
(1) There shall be paid to the local authority in respect of a vehicle left in a designated parking place charges calculated in accordance with this section or in such other manner as the local...
- Section 72C - Supplemental provisions regarding excess charge
(1) Where an excess charge has been incurred in respect of a vehicle, aninspector shall attach to the vehicle in a conspicuous position a notice, which shall contain the prescribed...
- Section 72D - Exceptions
Notwithstanding this Part—
(a) a vehicle may be left in a space in a parking place without payment of the initial charge if the parking meter for the space does not show the specified...
- Section 72E - Meters may be taken out of use
(1) An inspector may place a cover bearing the words “Meter Out of Use” over any parking meter or parking meter case in or adjacent to a designated parking place—
(a) if the parking meter is out of...
- Section 72F - Duty of local authority concerning parking meters
Where parking meters are installed in a designated parking place, it shall be the duty of the local authority to take the prescribed steps to ensure that they are maintained in good working order, and...
- Section 72G - Offences concerning designated parking places
(1) Where—
(a) a vehicle is left in a designated parking place, and any initial charge or excess charge which is thereby incurred is not duly paid; or
(b) a vehicle is left in a designated parking...
- Section 72H - Protection of local authority
The exercise by a local authority of its powers under this Part shall not render the local authority liable in respect of any loss or damage to any vehicle or to the contents or fittings thereof.
- Section 72I - Interpretation of this Part
In this Part—
“excess charge” means the charge called an excess charge in section 72B(3) (including an excess charge payable in the circumstances described in section 72C(3));
“initial charge” means...
- Section 72J - Power to make by-laws for parking elsewhere than in designated parking places
Without prejudice to its powers to make by-laws under section 72A, a local authority may—
(a) provide parking places on roads or on other places under its control, within its area of jurisdiction,...
- Section 73 - Duty to stop and report
(1) If, in any case, owing to the presence of a motor vehicle on a road, an accident occurs whereby injury or damage is caused to any person, vehicle, dog or cattle, the driver of the motor vehicle...
- Section 74 - Inspection of vehicle involved in an accident
Where an accident arises out of the presence of a motor vehicle on a road, any police officer may inspect any vehicle in connexion with which the accident arose, and for that purpose may enter at any...
- Section 75 - 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 five thousand shillings or to...
- Section 76 - Powers of court
(1) Any court before which a person is convicted of any offence in connection with the driving of a motor vehicle may—
(a) if the person convicted holds a driving licence or provisional driving...
- Section 77 - Right of appeal
An appeal shall lie against any order made by a court under section 76 in the same manner as against a conviction, and the court making the order or the court to which the appeal lies may suspend the...
- Section 78 - Cancellation of driving licence
(1) In any case where a court under any provisions of this Act has ordered the suspension of a driving licence or provisional driving licence, the, licence shall be deemed to be cancelled in respect...
- Section 79 - Production of driving licence
(1) Where a person is charged with an offence under this Act for which the penalty may be or shall include disqualification for holding or obtaining a licence, or suspension, cancellation or...
- Section 80 - Custody of licence while suspended or cancelled
(1) Where a court orders particulars to be endorsed on a driving licence orprovisional driving licence held by any person, or whereby a conviction or order of a court such a licence is cancelled, the...
- Section 81 - Fraudulent application for driving licence
If any person who under this Part is disqualified for holding or obtaining a driving licence or provisional driving licence applies for or obtains a licence while he is so disqualified, or if any...
- Section 82 - Particulars of endorsement to be inserted in new licence
On the issue of a driving licence or provisional driving licence to any person, the particulars endorsed on any previous licence held by him shall be inserted in the new licence, unless he has...
- Section 83 - Applying for licence without disclosing endorsement
If any person whose driving licence or provisional driving licence has been ordered to be endorsed, and who has not previously become entitled under section 84 to have a licence issued to him free...
- Section 84 - Issue of new licence free from endorsement
Where a person in respect of whom an order has been made under this Part requiring the endorsement of any licence or provisional driving licence held by him has during a continuous period of three...
- Section 85 - Driving under influence of drink
Any person who when driving or attempting to drive, or when in charge of a vehicle, other than a motor vehicle, on a road or other public place is under the influence of drink or a drug to such an...
- Section 86 - Reckless driving
Any person who on any road or in any public place drives any vehicle, other than a motor vehicle, recklessly or at a speed or in a manner which is dangerous to the public, having regard to all the...
- Section 87 - Careless driving
Any person who on any road or in any public place drives a vehicle, other than a motor vehicle, without due care or attention, or in such a manner as to be an annoyance to the public, shall be guilty...
- Section 88 - Carelessness while in charge of animals
Any person driving or conducting any cattle, dog or other animal who, on any road, fails to exercise reasonable care to keep it or them under proper control, or allows such cattle, dog or animal to...
- Section 89 - Restrictions on riding bicycles
(1) Not more than one person shall be carried in addition to the rider on anybicycle, nor shall any such one person be so carried otherwise than sitting on a carrier securely fixed to the bicycle or...
- Section 90 - Offences in connexion with roads
(1) No owner or person in charge of a vehicle drawn by animals shall allow ananimal which is of materially defective vision to be used for drawing such vehicle on a road.
(2) No person shall do any...
- Section 91 - Encroachment on and damage to roads
(1) Every person who, without the written permission of the highway authority—
(a) encroaches on a road or on any land reserved therefore at the side or sides thereof by making or erecting any...
- Section 92 - Prohibition on use of tracked vehicles, etc.
(1) No person shall use or cause or permit to be used on any road any vehicle or trailer having ribbed, studded or spiked wheels or fitted with chain or crawler type metal track:
Provided that this...
- Section 93 - Non-liability of highway authority for damage
(1) The highway authority shall not be liable for any loss or damage which maybe caused to any person or property through the condition of a road or the failure of a road to sustain the weight of a...
- Section 94 - 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 to a fine not exceeding five thousand shillings.
- Section 96 - Application for public service vehicle licence
(1) Application for the licensing of any motor vehicle as a public service vehicle shall be made by the registered owner of the vehicle.
(2) An application under subsection (1) shall be made to a...
- Section 97 - Issue and conditions of licence
(1) The licensing officer, if he is satisfied that the provisions of subsection (3) of section 96 have been complied with, shall, upon payment of the prescribed fee, issue such licence as may be...
- Section 98 - Drivers and conductors to be licensed
(1) A person shall not drive or act as the conductor of a public service vehicle on a road unless he is licensed for the purpose under this Part, and a person shall not employ or permit any person who...
- Section 99 - Power to cancel or suspended licence
(1) Any licence issued under this Part may be cancelled at any time by the Authority if he is satisfied that, by reason of the conduct of the holder of such licence or the condition of any vehicle in...
- Section 100 - Passengers and loads
(1) The Authority shall in respect of any public service vehicle determine the maximum number of passengers, whether sitting or standing, and the weight of baggage or goods allowed to be carried at...
- Section 101 - Non-payment of fare
(1) Where, at any place on its scheduled route, a motor omnibus is, by reference to the relevant timetable, more than four hours late, owing to a breakdown or any fault or neglect of the owner or his...
- Section 102 - Regulation of public service vehicles
(1) No person shall cause or permit any private hire vehicle to ply for hire on any taxi rank, road, car park or other public place.
(2) No person shall own, drive or be in charge of any taxicab...
- Section 103 - Touting
(1) No person shall, for the purpose of obtaining passengers for any publicservice vehicle, make any noise or sound any instrument, or do anything which causes or is likely to cause annoyance,...
- Section 103A - Uniforms and special badge
(1) Every driver and every conductor of a public service vehicle shall wear a special badge and uniform.
(2) The uniform referred to in subsection (1) shall be prescribed by the Registrar of Motor...
- Section 103B - Helmets and reflector jackets
(1) A person, including a passenger, shall not ride on a motor cycle of any kind, class or description without wearing a helmet and a jacket that has reflectors.
(2) A person who rides a motor cycle...
- Section 103C - Unauthorised driving
(1) A person who, while not being the designated driver of a public servicevehicle, drives the vehicle while not being authorised to do so commits an offence.
(2) The driver of a public service...
- Section 104 - Penalties under this Part
Any person who contravenes or fails to comply with any provisions of this Part shall be guilty of an offence and liable, where no penalty is specifically provided, to a fine of not more than ten...
- Section 105 - Inspection of vehicles
(1) It shall be lawful for any police officer in uniform to stop any vehicle, and forany police officer, licensing officer or inspector—
(a) to enter any vehicle;
(b) to drive any vehicle or cause...
- Section 105A - Driver of a public service vehicle to undergo fitness test
(1) A driver of a public service vehicle or a commercial vehicle shall, after everythree years from the date of issue of a driving license pursuant to section 30, or renewal of such license, whichever...
- Section 106 - Removal of vehicles from road
(1) Where any vehicle is found in use on a road in contravention of the provisions of this Act, or where any vehicle has been left on any road or other public place in such circumstances as to make it...
- Section 107 - Detention of vehicles
It shall be lawful for any police officer to detain at a police station or other place of safety any vehicle which has been removed from a road or other public place under section 106 until such...