New traffic laws target commercial vehicles to curb road crashes

Commercial vehicles recorded the highest number of fatal road crashes this year, accounting for 356. This is according to data from the National Transport and Safety Authority (NTSA) between January 1 and April 30, 2024.

The data also reveals that 1,554 lives were lost during that period.

Roads and Transport Cabinet Secretary Kipchumba Murkomen in April noted with concern that the number of Kenyans losing lives through road accidents is rising annually, warning that those numbers should be taken seriously.

“When President Kibaki exited office, we were having about 3,500 lives lost every year, a number that had risen to 4,400 by the time I took office,” he said.

To reduce these crashes involving commercial service vehicles, new regulations have been introduced by the authority.

NTSA describes a “commercial vehicle” as a motor vehicle constructed or adapted for the carriage of goods.

The Operation of Commercial Service Vehicle Regulations, 2024 targets vehicles weighing 3,048 kilogrammes operating on public roads in Kenya.

The regulations empower the NTSA to suspend or revoke licences if holders fail to comply.

One significant aspect of the new rules is the penalties for non-compliance.

Those operating vehicles breaching the regulations face fines up to Sh20,000, imprisonment up to six months, or both. This measure is expected to deter non-compliance and enhance road safety.

Commercial vehicle operators must obtain licences costing Sh2,000 to operate legally, with an additional Sh500 for road licences per vehicle.

The regulations also outline the licencing process, requiring applicants to submit several documents, including a company registration certificate, a Kenya Revenue Authority Personal Identification Number certificate, and proof of physical address.

Licences are valid for one year and must be renewed annually.

The rules also emphasise the responsibilities of commercial vehicle operators, who must ensure their vehicles are always in proper mechanical condition and maintain records for at least two years.

Moreover, operators must ensure that drivers do not exceed maximum driving hours as prescribed by the Traffic Act.

In case of an accident resulting in a fatality, a preliminary report must be submitted to NTSA within 24 hours.

“Submit a preliminary report of any accident that results in a fatality to NTSA within 24 hours of the occurrence of the accident that shall include at a minimum the driver details, vehicle registration details, maintenance record of the vehicle and the circumstances, if known, that led to the accident,” reads part of the regulations.

Also, as part of the regulations, all commercial vehicles should have a minimum third-party insurance cover and a valid vehicle inspection certificate.

Another major requirement will be the installation of a speed limiter conforming to the applicable Kenyan Standard as stipulated by the Kenya Bureau of Standards

“All commercial vehicles will be required to have installed a vehicular telematic system conforming to the applicable Kenyan Standard as stipulated by the Kenya Bureau of Standards,” reads the regulations.

In emergencies, the vehicles should have an efficient fire extinguisher that will be maintained in perfect order and carried in such a position as to be readily available for use at any time.

Commercial vehicle drivers also have specific responsibilities under the new regulations.

As highlighted, they must be properly licenced and adhere to traffic laws.

“A driver of a commercial service vehicle shall conduct pre- and post-inspection trips to check for mechanical issues, and safety hazards, ensure compliance of the vehicle with regulations, and immediately report any issue to the owner, carrier or operator of a commercial service vehicle,” reads the regulations.

Operators should also ensure that their drivers undergo regular road safety training and that the vehicles do not exceed the maximum weight limits.

They must also maintain a log of their driving hours and ensure compliance with all stipulated regulations.

With the new regulations, Murkomen has implored Kenyans to be patient as the Ministry of Transport works to curb increased road accidents.

The CS said the Ministry of Transport is working closely with traffic police officers and the National Transport and Safety Authority to restore sanity on the roads.