Section 100 of Traffic Act CAP 403: 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 any time on such vehicle or on any vehicle of a similar class or description:
Provided that such determination shall have regard to the provisions of this Act with regard to construction, seating capacity and weight.
(2) If any public service vehicle carries more persons, baggage or goods than itis licensed to carry, the driver, the conductor and the owner of such vehicle commits an offence each and shall be liable, upon conviction, to a fine not exceeding twenty thousand shillings and an additional amount of five thousand shillings for each person in excess of the licensed capacity:
Provided that rules made under this Act may provide that a person who is guilty of an offence under this subsection shall be liable to pay a fine according to a prescribed scale, but so that no person shall be liable to pay a fine greater than the maximum provided by this subsection.
(2A) In the case of a second or subsequent offence against subsection (2) in respect of a public service vehicle within one year of conviction for a previous offence against subsection (2) in respect of the same vehicle, the court shall exercise the power conferred by section 99(2) by ordering the suspension of the public service vehicle licence for that vehicle for a period of no less than thirty days.
(2B) If, in the opinion of a police officer in uniform, subsection (2) is being contravened, he may order—
(a) any person who appears to him to be an excess passenger off the public service vehicle; or
(b) the driver, conductor or owner of the public service vehicle to remove any excess baggage or goods.
(2C) If a person refuses or delays or fails to comply with an order by a police officer in uniform under subsection (2B), he shall be guilty of an offence and liable, whether or, not he is in addition liable to any penalty for contravening subsection (2) or (3), to a fine not exceeding five hundred shillings or to imprisonment for a term not exceeding one month.
(3) No person who is requested by the owner, driver or conductor of a public service vehicle not to enter the vehicle shall enter or attempt to enter the vehicle when it is carrying the full number of persons it is licensed to carry; and any person disobeying such a request shall be guilty of an offence and liable to a fine of not less than two hundred shillings and not exceeding five hundred shillings.
(4) For the purposes of this section—
(a) “owner” includes any person acting as manager or managing agent of the vehicle (under whatever name or title) on behalf of or under any arrangement with the owner; and if subsection (2) is contravened that person and the actual owner are each liable;
(b) a child who is under the apparent age of five years and who does not occupy a seat shall not count as a person;
(c) any two children each of whom is over the apparent age of five years and under the apparent age of twelve years shall count as one passenger.
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