- Section 1 of Traffic Act CAP 403: Short title
This Act may be cited as the Traffic Act.
- Section 2 of Traffic Act CAP 403: Interpretation
In this Act, unless the context otherwise requires—
“Authority" means the National Transport and Safety Authority established under the National Transport and Safety Authority Act;
“bicycle” means any bicycle or tricycle not self-propelled;
“cattle” includes oxen, bulls, cows, horses, camels,...
- Section 3 of Traffic Act CAP 403: Appointment of officers
(1) The Authority shall be responsible for the registration and licensing of motorvehicles and trailers and for the licensing of drivers, and for the keeping of such records in relation thereto as are required by this Act.
(2) The Authority shall appoint such licensing officers as may be necessary...
- Section 4 of Traffic Act CAP 403: Classification of vehicles
For the purposes of this Act, motor vehicles shall be divided into the following classes—
(a) motor omnibuses;
(b) heavy commercial vehicles;
(c) commercial vehicles;
(d) tractors;
(e) motor-cars;
(f) motorcycles not exceeding fifty cubic centimetres engine capacity;
(g) motorcycles exceeding...
- 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...
- Section 5A of Traffic Act CAP 403: 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 purposes of subsection (1), the Registrar may, by notice in theGazette, specify—
(a) the...
- Section 5B of Traffic Act CAP 403: 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 conditions as he may impose; or
(b) reject the application.
(2) A person shall not access, transmit to, or...
- Section 5C of Traffic Act CAP 403: 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 of registration imposed by the Registrar under section 3;
(b) failed to comply with, or has acted...
- Section 5D of Traffic Act CAP 403: 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 system; or
(b) having lawful access to any computerized motor vehicle registration system, knowingly...
- Section 5E of Traffic Act CAP 403: 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 motor vehicle registration system; or
(c) damages or impairs any duplicate tape or disc or other...
- Section 6 of Traffic Act CAP 403: 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 imported for home use shall be used on a road unless it is registered:
Provided that a commercial vehicle...
- Section 6A of Traffic Act CAP 403: 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 issued under this Act in respect of the motor vehicle to the Registrar for cancellation.
(2) The...
- Section 7 of Traffic Act CAP 403: 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 of Traffic Act CAP 403: 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 of Traffic Act CAP 403: 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 owner is registered as the owner thereof.
(2) Upon the transfer of ownership of a motor vehicle or...
- Section 10 of Traffic Act CAP 403: 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 its country of origin or the country in which it was last registered, and that such owner is in...
- Section 11 of Traffic Act CAP 403: 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 of Traffic Act CAP 403: 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 prescribed number of identification plates of the prescribed design and colour on which is...
- Section 13 of Traffic Act CAP 403: 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 nominated by the owner, the registration certificate issued in respect of the vehicle.
- Section 14 of Traffic Act CAP 403: 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 imprisonment for a term not exceeding three months, and on each subsequent conviction to a fine not...
- Section 15 of Traffic Act CAP 403: 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 possession of a motor vehicle or trailer giveswritten notice to the Authority that for a stated...
- Section 16 of Traffic Act CAP 403: 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 than four years old from the recorded date of manufacture shall be subjected to inspection by the...
- Section 17 of Traffic Act CAP 403: 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 vehicle is insured against third party risks in accordance with the provisions of the Insurance...
- Section 17A of Traffic Act CAP 403: 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 thereunder; or
(b) a certifying officer issues a certificate of fitness in respect of a public service...
- Section 18 of Traffic Act CAP 403: Form of licences
Every vehicle licence shall be in the prescribed form.
- Section 19 of Traffic Act CAP 403: 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 licence issued before the period is prescribed shall not be invalid solely by reason that the period for...
- Section 20 of Traffic Act CAP 403: 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 of Traffic Act CAP 403: 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 Registrar.
(2) The vehicle licence certificate shall be in the prescribed form.
(3) The vehicle...
- Section 21 of Traffic Act CAP 403: 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 prescribed fee:
Provided that any licence or vehicle licence certificate which has been lost and is...
- Section 22 of Traffic Act CAP 403: 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 a higher duty or a duty of a different class is required.
(2) A new licence under this section...