Section 78 of Traffic Act CAP 403: 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 of the class or classes of motor vehicles in respect of which the order was made.
(2) On the application of any person for a new driving licence endorsed in respect of any class of motor vehicles in respect of which the applicant’s licence has been cancelled, the licensing officer shall treat such person as if he were applying for a driving licence in respect of such class or classes of motor vehicles for the first time, and shall in no circumstances issue him with a driving licence until he has passed the prescribed test.
(3) Notwithstanding the provisions of paragraph (a) of subsection (1) of section31, the possession of a driving licence or certificate of competency issued by a competent authority shall not, in any case, exempt an applicant for a driving licence from passing the prescribed driving test, if such applicant has been disqualified for holding or obtaining a driving licence.
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 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...
- Section 108 - Certificate of inspector to be admissible in evidence
(1) If in any proceedings under this Act any question arises as to whether a vehicle does or does not comply with any provisions of this Act, the certificate of an inspector to the effect that he has...
- Section 109 - Certified extract from records to be admissible in evidences
In any proceedings under this Act, an extract from the records of registered vehicles, certified under the hand of a licensing officer, may be received in evidence although the licensing officer is...
- Section 110 - Owner or other person to furnish name and address of driver of vehicle
The owner of any vehicle and any other person who is able to provide such information shall, as soon as reasonably possible and in any case within seven days after having received a verbal or written...
- Section 111 - Owner to keep list of drivers employed
(1) Any person who employs any other person to drive a motor vehicle shallkeep a written record of the name, address and driving licence number of such other person.
(2) Such record shall be...
- Section 112 - Verification of facts
Any person to whom any application is made for anything to be done under this Act may require any facts stated in the information to be verified to his satisfaction.
- Section 113 - Giving false information
Any person who makes any statement which to his knowledge is false or in any respect misleading in connexion with any information lawfully demanded or required under this Act shall be guilty of an...
- Section 114 - Fraudulent imitation, etc., of documents
(1) Any person who fraudulently imitates, alters, mutilates, destroys or uses, or fraudulently lends or allows to be used by any other person, any licence, document, plate or mark issued or prescribed...
- Section 115 - Endorsement of licence to be proof of conviction
Notwithstanding any provisions to the contrary in any Act contained, it shall be lawful for a court to accept the particulars of endorsements on any licence issued in compliance with this Act as prima...
- Section 116 - Notice to attend court
(1) Notwithstanding the requirements of or provisions in any Act contained, it shall be lawful for any police officer to serve, either personally or by registered post, upon any person who is...
- Section 117 - Minor traffic offences
(1) The Minister may prescribe—
(a) a schedule of minor traffic offences (in this section referred to as "the scheduled minor offences") which may be dealt with and prosecuted in accordance with the...
- Section 117A - Assignment of demerit points on conviction for certain offences
(1) Subject to subsection (2), where a person is convicted of an offence specified in the Schedule, the court may, in addition to any penalty, order—
(a) that the demerit points specified in that...
- Section 117B - Officer Commanding Police Division to be in charge of Traffic matters
In each police division, the Officer Commanding Police Division shall be responsible for traffic matters within the division and all police officers shall be responsible for traffic matters.
- Section 118 - General penalty
(1) Any person who acts in contravention of or fails to comply with theprovisions of this Act, or who acts in contravention of or who fails to comply with the conditions of any licence, order, demand,...
- Section 118A - Local authority may make by-laws regulating taxicabs, etc.
(1) A municipal council, and a county council, may make by-laws—(
a) for controlling taxicabs within its area;
(b) for fixing the number of taxicabs permitted in its area;
(c) for requiring the...
- Section 119 - Rules
(1) The Minister may make rules prescribing—
(a) anything required by this Act to be prescribed;
(b) the forms to be used for any purposes of this Act;
(c) the weight of goods and passengers, the...
- Section 120 - Power to suspend and exempt from provisions
The Minister may, by notice published in the Gazette, suspend, restrict or limit the application of any of the provisions of this Act or of any subsidiary legislation made thereunder, either generally...