Traffic Act Cap 403 in Kenya

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  • Section 52A of Traffic Act CAP 403: Offences relating to parking bays and areas where no charges are made

    (1) Any person who, being the driver of a vehicle, in any parking bay or parking area— (a) leaves the vehicle for a period in excess of the time prescribed by any traffic sign relating to that bay or area; or (b) contravenes or fails to comply with any traffic sign relating to that bay or area as...


  • Section 52B of Traffic Act CAP 403: Parking of vehicles carrying explosives, petroleum, etc.

    (1) No vehicle carrying explosives, ammunition, petroleum or any inflammable substance shall remain stationary for more than fifteen minutes within the boundaries of a trading centre, township, municipality or city except— (a) when unloading; or (b) in an area designated by the Minister for...


  • Section 53 of Traffic Act CAP 403: Obstruction

    (1) No vehicle shall be allowed to remain in any position on any road so as to obstruct or to be likely to obstruct or cause inconvenience or danger to other traffic using the road, and, save where the contrary is expressly provided in this Act, every vehicle on a road, when not in motion, shall be...


  • Section 54 of Traffic Act CAP 403: Racing, pacemaking and trial of speed

    (1) It shall not be lawful for any person, without the written consent of thehighway authority and of the Commissioner of Police, to promote or take part in any race or trial of speed between vehicles on a road. (2) A person convicted of an offence under this section shall, unless the court for...


  • Section 55 of Traffic Act CAP 403: Condition of vehicles

    (1) No vehicle shall be used on a road unless such vehicle and all parts andequipment thereof, including lights and tyres, comply with the requirements of this Act, and such parts and equipment shall at all times be maintained in such a condition that the driving of the vehicle is not likely to be a...


  • Section 56 of Traffic Act CAP 403: Limitation of loads

    (1) No vehicle shall be used on a road with a load greater than the loadspecified by the manufacturer of the chassis of the vehicle or than the load capacity determined by an inspector under this Act. (2) No vehicle shall be used on a road if it is loaded in such a manner as tomake it a danger to...


  • Section 57 of Traffic Act CAP 403: Exemptions

    (1) A highway authority may grant a permit subject to such conditions as maybe specified therein— (a) for the use on a road of a vehicle the weight or dimensions of which exceeds the maximum weight or dimensions provided for by rules made under this Act; (b) for the carriage by a vehicle on a road...


  • Section 58 of Traffic Act CAP 403: Penalty for improper condition or overloading

    (1) Any person who drives or uses on a road a vehicle in contravention of the provisions of section 55 or section 56 shall be guilty of an offence and liable to a fine not exceeding four hundred thousand or to imprisonment for a term not exceeding two years or to both: Provided that rules under...


  • Section 59 of Traffic Act CAP 403: Obstructing driver of motor vehicle

    (1) No person in a motor vehicle shall molest or obstruct the driver of the motorvehicle while it is in motion. (2) In no motor vehicle shall passengers be carried in such numbers or in sucha position as to be likely to interfere with the safe driving of such motor vehicle; and in the event of a...


  • Section 60 of Traffic Act CAP 403: Restrictions on pillion riding

    (1) It shall not be lawful for more than one person in addition to the driverto be carried on any two-wheeled motorcycle, nor shall it be lawful for any such one person to be so carried otherwise than sitting astride the motorcycle and on a proper seat securely fixed to the motorcycle behind the...


  • Section 61 of Traffic Act CAP 403: Riding in dangerous position

    (1) Except for the purpose of testing or repairing a motor vehicle, no person shallride or be carried on the footboard, tailboard, steps, mudguards, canopy, roofing or elsewhere on the outside of any vehicle. (2) No person shall ride or be carried on any load upon a vehicle if such aproceeding is...


  • Section 62 of Traffic Act CAP 403: Restrictions on persons being towed

    No person, otherwise than with lawful authority or reasonable cause, shall take or retain hold of, or get on or off, a motor vehicle or trailer while in motion on any road.


  • Section 63 of Traffic Act CAP 403: Causing damage to motor vehicle

    No person shall throw any object at any vehicle or at any person in or on such vehicle, nor shall he place any object on any road nor by any means impede the progress of any vehicle whereby injury or damage might be caused to such vehicle or any person.


  • Section 64 of Traffic Act CAP 403: Tampering with motor vehicle

    No person shall, without the knowledge or permission of the owner, or without reasonable excuse, get on to a motor vehicle or trailer, or attempt to manipulate any of the levers, the starter, brakes or machinery of such a vehicle, or in any way tamper with a motor vehicle or trailer, while it is...


  • Section 65 of Traffic Act CAP 403: Taking motor vehicle without consent

    (1) If any person, whether employed by the owner or not, takes and drives away any motor vehicle without the consent of the owner thereof or other lawful authority, he shall be guilty of an offence and liable to imprisonment for a term not exceeding two years or to a fine not exceeding fifty...


  • Section 66 of Traffic Act CAP 403: Unattended motor vehicles

    No person shall— (a) leave unattended on a road any motor vehicle with the engine running; (b) quit any vehicle without having taken due precautions against its moving along the road from its stationary position.


  • Section 66A of Traffic Act CAP 403: Maximum driving hours

    (1) No person shall drive a public service vehicle or a commercial vehicle formore than a total of eight hours in any period of twenty-four hours. (2) Any person who contravenes or fails to comply with subsection (1) shall beguilty of an offence and liable— (a) on a first conviction, to a fine not...


  • Section 66B of Traffic Act CAP 403: Disqualification on third endorsement in three years

    Where— (a) a person is convicted of an offence in respect of which the court may or shall order particulars of the conviction to be endorsed on any driving licence held by him; and (b) that person has within the three years immediately preceding the commission of the offence been convicted on not...


  • Section 67 of Traffic Act CAP 403: Penalties under this Part

    (1) Any person who contravenes or fails to comply with any of the provisionsof this Part shall be guilty of an offence and liable, where no penalty is specifically provided, on first conviction to a fine not exceeding ten thousand shillings or to imprisonment for a term not exceeding three months,...


  • Section 68 of Traffic Act CAP 403: Highway code

    (1) The Minister shall prepare a code (in this section referred to as the highway code) comprising such directions as appear to him to be proper for the guidance of persons using roads, and may from time to time revise the highway code by revoking, varying, amending or adding to the provisions...


  • Section 69 of Traffic Act CAP 403: Power to regulate traffic

    Without prejudice to any powers or duties of the police under this Act or any other Act, it shall be the duty of the police— (a) to regulate all traffic and to keep order and prevent obstruction in all roads, parking places and other places of public resort; (b) to divert traffic temporarily, or...


  • Section 69A of Traffic Act CAP 403: Mounting of roadblocks

    (1) The Inspector-General of the Police may, by notice in the Gazette, designate a place along a public road on which a police roadblock may be mounted. (2) A roadblock shall not be mounted in a place other than the place designated under subsection (1), but may be mounted in a non-designated place...


  • 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...


  • Section 71 of Traffic Act CAP 403: 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 may consider necessary or desirable in connection with the maintenance or improvement of any road, to...


  • Section 72 of Traffic Act CAP 403: 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 of the vehicle, and the certificate of the highway authority of the amount of the cost of making...


  • Section 72A of Traffic Act CAP 403: 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 the interests of traffic and the interests of owners and occupiers of adjoining...


  • Section 72B of Traffic Act CAP 403: 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 authority may by by-laws prescribe. (2) There shall be a prescribed standard period for each designated...


  • Section 72C of Traffic Act CAP 403: 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 particulars. (2) Where a notice has been attached to a vehicle under subsection (1), anyperson (other than the owner...


  • Section 72D of Traffic Act CAP 403: 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 indication: Provided that, if the vehicle remains in the space after the specified indication appears, it shall be...


  • Section 72E of Traffic Act CAP 403: 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 order or has been removed; (b) for the purpose of facilitating the movement of traffic or promoting...