Section 119 of Traffic Act CAP 403: 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 number of passengers which vehicles may carry, the method by which seating capacity is to be determined and the gross weight of vehicles;
(d) the weight and size of vehicles which may be permitted on any class of road and the manner in which, if at all, vehicles whose weight or size is in excess of the prescribed maximum weight or size may be allowed to use any road;
(da) devices to be fitted to any class or type of vehicle for restricting their speed to a specified speed (and different devices and different speeds may be prescribed for different classes or types of vehicles);
(db) tachographs or other instruments for recording their speed and other details of their operation to be fitted to any class or type of vehicle;
(dc) the standards for or inspection, approval, calibration or testing of devices, tachographs or other instruments prescribed under paragraphs (da) or (db);
(e) the construction of, and equipment to be carried by, any class of vehicle, and in particular the type of tyres, lights and warning instruments to be carried by any class of vehicle, and any restriction in the carrying or use of lights and warning instruments;
(ea) by reference to shape, construction or any other qualities, types of helmet or head-dress which may or must be worn as affording protection to persons on or in motorcycles, or motorcycles of different classes or descriptions, from injury in the event of accident, and prohibiting the manufacture or sale of helmets or head-dresses which do not comply with such rules;
(eb) subject to such exceptions as may be prescribed, the wearing of seat belts of such description as may be prescribed by persons who are driving or riding in any class or type of vehicle (and different rules may be prescribed for different classes or types of vehicles);
(ec) the standards for, construction of or approval of seat belts prescribed under paragraph (eb);
(f) the carrying on any class of vehicle of any special identification plates, and the fees to be charged for such plates;
(fa) the carrying on any class of vehicle of reflecting triangles for the purpose of section 53(3) and the construction of, standards for, approval or supply and fees to be charged for such triangles;
(g) all matters relating to the inspection, registration, licensing, regulation and control of vehicles and to the conditions which may be imposed in regard thereto;
(ga) all such matters relating to the regulation of establishments or persons engaged in teaching for gain the driving of motor vehicles as the Minister may deem necessary for the proper control of such establishments or persons, including the grant, revocation or variation of licences and appeals relating thereto, the testing of instructors, the inspection of vehicles and premises, and the fees payable for any of the above matters;
(h) the regulation of the conduct of drivers and conductors of public service vehicles, and the wearing by them of special badges and uniforms, and the fees to be paid for any badges provided by an authority;
(i) conditions of service and hours of work for persons employed by owners of public service and commercial vehicles;
(ia) the records to be kept by the drivers of any class or type of vehicle (and different rules may be prescribed for different classes or types of vehicles);
(j) the regulation of the carriage of luggage and goods on public service vehicles;
(k) the rules of the road, and the signals to be given and obeyed by the drivers of vehicles;
(ka) all such matters as the Minister may deem necessary for the establishment on roads, and the regulation of the use of, crossings for foot passengers, including the indication of such crossings by marks or devices on or near roadways or otherwise, the precedence of vehicles and foot passengers respectively, and generally with respect to the movement of traffic (including foot passengers) at and in the vicinity of such crossings;
(l) the procedure to be adopted and the conditions to be observed in connection with the issue of documents necessary for international travel, and the use of such documents in Kenya;

(m) the conditions on which motor vehicles licensed outside Kenya may be used within Kenya and on which persons holding driving licences or permits issued outside Kenya may be allowed to drive within Kenya;
(n) measures for controlling or prohibiting the movement of vehicles of any specified class or description between the hours of 6:45 p.m. and 6:15 a.m.;
(o) measures for controlling or prohibiting the use of vehicles of any specified class or description on any sea beach or foreshore or other place to which the public have access;
(p) measures for generally restricting or regulating the use of vehicles in such manner as the circumstances and safety on the roads may appear to him to require, and for the further, better or more convenient carrying out of any provisions of this Act;
(q) the penalties which may be imposed for the breach of such rules not exceeding—
(i) in the case of a first conviction, a fine not exceeding two hundred thousand shillings or imprisonment for a term not exceeding two years or both;
(ii) in the case of a second or subsequent conviction, a fine not exceeding four hundred thousand shillings or imprisonment for a term not exceeding four years or both.
(2) In any case when the Minister has not prescribed a suitable form under paragraph (b) of subsection (1), the Authority may direct that a particular form shall be used for a particular purpose.


Disclaimer: This document is not to be taken as legal advise.

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