NO.

33 OF 2012

NATIONAL TRANSPORT AND SAFETY AUTHORITY ACT

SUBSIDIARY LEGISLATION

List of Subsidiary Legislation

Page
1. National Transport and Safety Authority (Operation of Public Service Vehicles)
Regulations, 2013 (Revoked)......................................................................................31
1. National Transport and Safety Authority (Operation of Public Service Vehicles)
Regulations, 2014.........................................................................................................33
2. National Transport and Safety Authority (Operation of Motorcycles) Regulations, 2015.
3. National Transport and Safety Authority (Operation of Tourist Service Vehicles)
Regulations, 2015.........................................................................................................47
4. National Transport and Safety Authority (Operation of Commercial Vehicles)
Regulations, 2018.........................................................................................................51
[Rev. 2019] No. 33 of 2012
National Transport and Safety Authority
[Subsidiary]

NATIONAL TRANSPORT AND SAFETY AUTHORITY (OPERATION

OF PUBLIC SERVICE VEHICLES) REGULATIONS, 2013
[L.N. 219/2013.]

[Revoked by L.N. 23/2014, r. 17.]

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National Transport and Safety Authority
[Subsidiary]

NATIONAL TRANSPORT AND SAFETY AUTHORITY (OPERATION

OF PUBLIC SERVICE VEHICLES) REGULATIONS, 2014
ARRANGEMENT OF REGULATIONS
Regulation
1. Citation.
2. Interpretation.
3. Application of the Regulations.
4. Public Service Vehicle to be Licensed.
5. Conditions to be met by applicants.
6. Documents to be submitted with the application.
7. Operation of PSV vehicles.
8. Reporting.
9. Commuter services.
10. Long distance passengers PSVs.
11. Operation of long distance passenger service.
12. Conditions for night time long distance passenger services.
13. Insurance.
14. Appeals.
15. Offences and penalties.
16. Commencement of Regulation 11.
17. Revocation of Legal Notice 219 of 2013.

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National Transport and Safety Authority
[Subsidiary]

NATIONAL TRANSPORT AND SAFETY AUTHORITY (OPERATION

OF PUBLIC SERVICE VEHICLES) REGULATIONS, 2014
[L.N. 23/2014, L.N. 75/2014, L.N. 179/2014.]

1. Citation
These Regulations may be cited as the National Transport and Safety Authority
(Operation of Public Service Vehicles) Regulations, 2014.
2. Interpretation
In these Regulations, unless the context otherwise requires—
“Act” means the National Transport and Safety Authority Act, 2012 (Cap. 275);
“Appeals Board” means the Transport Licensing Appeal Board established under
section 39 of the Act;
“Authority” means the National Transport and Safety Authority established under
section 3 of the Act;
“Cabinet Secretary” has the meaning assigned to it under the Act;
“City” has the meaning assigned to it under the Urban Areas and Cities Act
(No. 13 of 2011);
“commuter service” means a transport service offered by a public service vehicle
which commences and terminates its services within the boundaries of Nairobi city,
Mombasa city and Kisumu city and Nakuru town, Machakos town, Eldoret town, Thika
town and such other urban areas as may be determined by the Cabinet Secretary from
time to time;
“corporate body” means a limited Liability Company registered under the
Companies Act (Cap. 486), and includes a co-operative society registered under the
Co-operative Societies Act (Cap. 490) and a society registered under the Societies Act
(Cap. 108);
“innovative decorations” means any pictures, words, symbols or lighting which is
painted, sprayed, drawn or affixed to the body of a Public Service Vehicle, whether in
one or several colours;
“licence” means a licence issued by the Authority under the Act for the operation
of a public service vehicle;
“licensee” means a person to whom a license is issued under the Act;
“long distance passenger service” means a transport service, other than a
commuter service, offered by a public service vehicle.
“long distance night time passenger service” means a passenger service, other
than a commuter service, offered by a public service vehicle registered to operate from or
after the hours of 6 pm or whose scheduled time of arrival at its destination is after 9 pm;
“owner” means the registered owner of the public service vehicle;
“operator” means the corporate body with operational responsibility over the public
service vehicle on a day to day basis either as the registered owner of the vehicle or
pursuant to the terms of a contract or franchise agreement with the registered owner
of the vehicle;
“Public Service Vehicle” has the meaning assigned to it under the Act;
“satellite town” means a town that serves as a place of residence for a large number
of persons who commute regularly to a neighbouring city or urban area;

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“Third Party Motor Vehicle Insurance” means an insurance policy by that name
issued in respect to a public service vehicle pursuant to the provisions of the Third Party
Motor Vehicle Insurance Act (Cap. 405);
“urban area” has the meaning assigned to it under the Urban Areas and Cities Act,
2011 (No. 13 of 2011).
[L.N. 179/2014, r. 2.]

3. Application of the Regulations

(a) These Regulations shall apply to all public service vehicles operating on a
public road in Kenya.
4. Public Service Vehicle to be Licensed
A person shall not operate a public service vehicle without a valid license issued by the
Authority.
5. Conditions to be met by applicants
(1) A person desirous of operating public service vehicles shall be a member of a body
corporate which shall—
(a) be licensed to operate if the body corporate owns a minimum of thirty
serviceable vehicles registered as public service vehicles or in respect to
which an application for a licence has been or is to be lodged with the
Authority;
(b) have in its employment a staff complement which must include at a minimum
—
(i) a driver in respect to each public service vehicle;
(ii) an inspector for each route on which the public service vehicle is
intended to operate;
(iii) an office manager;
(iv) an accounts clerk; and
(v) a qualified mechanic or a contract under which the services of a
mechanic are outsourced;
(c) have in place a code of conduct approved by the Authority governing its
employees, agents and sub-contractors;
(d) have in place a documented management system, safety management
system based on ISO 39001:2012 “Road Traffic Safety Management
Systems” or equivalent and customer complaints handling system;
(e) comply with labour laws and regulations including in respect to statutory
deductions, health and safety of the workplace, Work Injuries Benefits Act
(No. 13 of 2011) insurance, statutory leave days and written contracts of
employment for staff; and
(f) where it operated public service vehicles licensed under these Regulations in
the immediately preceding calendar year fully complied with the requirements
of these regulations in the immediately preceding year.
(2) The Authority may—
(a) refuse to issue a public service vehicle licence to an applicant who fails to
comply with any of the minimum conditions stipulated in sub-regulation (1);or
(b) at its discretion issue a licence conditional on the requirement that the
applicant demonstrates compliance within a stipulated period failing which the
licence shall be withdrawn upon the expiry of the stipulated period.
6. Documents to be submitted with the application
A person applying to for a licence shall submit to the Authority certified copies of—

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(a) certificate of registration as a company under the Companies Act (Cap. 486),
or a cooperative society under the Co-operative Societies Act (Cap. 490);
(b) a list of its directors and senior management officers;
(c) a lease or certificate of ownership of the head office from which it is operating
or intends to operate the public service vehicle business;
(d) audited accounts in respect of the immediate preceding financial year;
(e) Personal Identification Number certificate issued by the Kenya Revenue
Authority;
(f) a tax compliance certificate issued by the Kenya Revenue Authority;
(g) where the vehicle was previously operated by a licensee other than the
operator applying for its licensing, a letter of no objection issued by the
previous licensee;
(h) a description of the operator’s management system, safety management
system and customer complaints handling system;
(i) an inventory of the equipment and facilities available to the operator for the
operation of the passenger transport service;
(j) the code of conduct for the employees, agents and sub-contractors;
(k) a list of the staff it has in its employment and their job descriptions and
qualifications;
(l) the contracts of the drivers of the public service vehicle in respect to which
the application for the licences is being made;
(m) the driving licence, identity card, and certificate of good conduct of each
person who shall drive the public service vehicles in respect to which the
application for the licences is being made;
(n) a valid certificate of road worthiness issued by the Authority of each vehicle
in respect to which an application is being made;
(o) the certificate of ownership or other evidence of ownership in the name of
the owner of the vehicle or a contract or franchise agreement between the
applicant and the operator or intended operator of the vehicle; and
(p) the current third party insurance with an insurer which meets minimum
conditions prescribed by the Authority.
7. Operation of PSV vehicles
Every operator of licensed public service vehicles shall—
(a) display at a conspicuous place on the vehicle a sticker or an identification
mark approved by the Authority;
(b) ensure that the driver and conductor if any wears the prescribed uniform and
identification badge while at work;
(c) the driver of the vehicle adheres to the approved routes, schedule and drop
off and pick up points;
(d) ensure that passengers are treated courteously;
(e) ensure that music played does not exceed the prescribed limits in the course
of the journey;
(f) ensure that passengers are issued with tickets or receipts for fare paid and,
as from 1st July 2014, it operates a cash light fare system by the use of
a contactless integrated circuit card which conforms to the ISO IEC 14443
standard;
(fa) a person desirous of providing the cash light fare system service shall obtain
a letter of no objection from the Central Bank of Kenya;
(g) report any accidents involving their vehicles immediately to the relevant
authorities;

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(h) on a weekly basis and, in the case of a long distance passenger service,
before the commencement of each journey, have the vehicle inspected by a
qualified mechanic for defects according to a check list which shall cover at a
minimum tyres, lights, safety belts, brake pads, wipers, and warning horn; and
(i) keep a record of the defects identified during the defects inspection for a
minimum period of six months and of the actions taken to rectify the defects;
(j) boldly display at the front, rear and sides of the vehicle the name of the Sacco
or company under which the vehicle operates in letters not less than ten
inches in height and in such a colour as to be visible by day from a distance
of at least two hundred and seventy five meters;
(k) ensure that no vehicle is transferred from one Sacco or company to another
without the approval of the Authority;
(l) ensure that all innovative decorations are not offensive;
(m) ensure that no innovative decorations are painted, sprayed, drawn on or
affixed to any window, the front and back windscreens, lights, indicators or
chevrons of the vehicle;
(n) ensure that none of the passenger, co-driver and driver windows, the front
and back windscreens, lights, indicators or chevrons of the vehicle are tinted
or painted, sprayed or drawn on any innovative decorations;
(o) ensure that innovative decorations do not have reflective properties; and
(p) ensure that no additional exterior and interior lighting is affixed other than
those affixed by the manufacturer of the vehicle.
[L.N. 75/2014, r. 2 and 3, L.N. 179/2014, r. 3.]

8. Reporting.
Every operator of a public service vehicle shall submit a report to the Authority on a
quarterly basis with particulars of—
(a) any accidents in which any of the vehicles it is operating may have been
involved during the reporting period and shall attach a certified copy of the
report of its investigation of the cause of each accident and action taken in
respect to each accident;
(b) the number and nature of passenger complaints received during the reporting
period and action taken in respect to each complaint;
(c) any members who have ceased to be its members during the reporting period,
if any;
(d) the vehicles which may have been added or removed from the list of vehicles
it is operating during the reporting period;
(e) any drivers who may have ceased to be employees during the reporting period
and the reasons; and
(f) the traffic offences committed by the drivers during the reporting period and
the penalties imposed against the body, the drivers or other employees during
the reporting period.
9. Commuter services
(1) Every operator of a commuter service vehicle shall ensure that a driver, conductor
or any other staff member employed to work in the vehicle—
(a) does not work for a period longer than eight hours in any twenty four hour
period;
(b) receives a regular salary and is not paid a commission based on the number
of trips made per day;
(c) does not tout, make loud noise or harass passengers or other persons in, or
awaiting to board a vehicle;

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(d) at all times only picks up and drops off passengers at designated bus stops;
and
(e) complies with the by-laws or County legislation of the County or city or urban
area within which the vehicle is registered to operate.
(2) The Authority shall not license any new Public Service Vehicle as Commuter Service
Vehicle whose seating carrying capacity is less than twenty-five passengers.
(3) The Authority shall not, with effect from the 1st January, 2016, renew the licence
of any Public Service Vehicle whose seating carrying capacity is less than twenty five
passengers.
[L.N. 179/2014, r. 4.]

10. Long distance passengers PSVs

(1) A person shall not operate a long distance night time passenger service vehicle
without a valid license issued by the Authority.
(2) A person applying for a long distance night passenger service licence shall specify—
(a) whether the service is intended to be offered during the day only; or
(b) during both daytime and night time.
11. Operation of long distance passenger service
Every operator of a long distance passenger service vehicle shall—
(a) have in place or outsource a fleet management system capable of recording
speed and location of the vehicle at any one time;
(b) subscribe to a data storage system capable of storing data on vehicle speed,
location and operation for a period of thirty days and when required by the
Authority provide the data to the Authority before the expiry of the prescribed
storage period;
(c) before the commencement of each journey arrange for the taking of a
passenger manifest;
(d) operate or subscribe to an outsourced control centre;
(e) ensures that, except for small parcels and letters, the long distance passenger
vehicle does not carry cargo other than luggage accompanying a passenger
travelling on the bus and carried either as hand luggage to be placed in the
overhead lockers on board the bus or in the hatch under the vehicle;
(f) ensures that, except for courier services, the long distance passenger vehicle
does not operate as a commercial cargo carrier and does not have a cargo
carrier mounted on the roof; and
(g) ensure or subscribes to an accident and emergency mutual aid system.
12. Conditions for night time long distance passenger services
(1) Every operator of a night time long distance passenger service shall—
(a) employ drivers certified by the Authority to drive on the particular route or
routes at night time and meets conditions imposed by the Authority;
(b) ensure that no driver driving a long distance night time passenger public
service vehicle works for a period exceeding eight hour night in a shift;
(c) ensure that a person driving a long distance night time passenger service
takes a break of a minimum of eight hours before the next night shift;
(d) plan the journey in a manner that allows for a thirty minute refreshment break
for both the driver and passengers at an appropriate location or facility every
three to four hours in the course of the journey; and
(e) employ two drivers for each vehicle.

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13. Insurance
A person shall take out an insurance cover for a public service vehicles where the
Insurance company—
(a) is licensed by the Insurance Regulatory Authority under the Insurance Act to
provide that category of insurance;
(b) submits to the Authority a report on claims made in respect to accidents
involving public service vehicles it has insured and compensation paid in the
immediately preceding year; and
(c) submits to the Authority its customer service charter and claims payment
policy.
14. Appeals
A person aggrieved by the decision of the Authority taken under these Regulations may
within fourteen days of receiving the decision appeal to the Appeals Board.
15. Offences and penalties
(1) A person who—
(a) operates a public transport vehicle without a valid licence issued by the
Authority in respect to that vehicle;
(b) drives a public service vehicle in breach of any provision of these regulations;
or
(c) provides false information to the Authority,
commits an offence and is liable on conviction to a fine not exceeding Fifty Thousand
Shillings or to imprisonment for a term not exceeding one year or, both.
(2) The Authority may in addition to any other penalty prescribed under these
Regulations—
(a) cancel or withdraw the licence of a public service vehicle operated by an
operator who has been convicted of an offence under these Regulations;
(b) cancel or revoke the license or certificate of a driver who has been convicted
of an offence under these Regulations;
(c) where it deems necessary order that all vehicles belonging to the SACCO or
Company involved be subjected to inspection.
16. Commencement of Regulation 11
Regulation 11 shall come into operation on the Fifteenth day of April, 2014.
17. Revocation of Legal Notice 219 of 2013
Legal Notice No. 219 of 2013 (L.N. 219/2013) is revoked.

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[Rev. 2019] No. 33 of 2012
National Transport and Safety Authority
[Subsidiary]

NATIONAL TRANSPORT AND SAFETY AUTHORITY

(OPERATION OF MOTORCYCLES) REGULATIONS, 2015
[L.N. 19/2015.]

1. Citation and Commencement

(1) These Regulations may be cited as the National Transport and Safety Authority
(Operation of Motorcycles) Regulations, 2015 and shall come into force upon publication
in the Gazette.
(2) Notwithstanding the provisions of paragraph (1), regulations 5 (b) and 9 shall come
into force on the 1st January, 2016.
2. Interpretation
In these Regulations, unless the context otherwise requires—
“Act” means the National Transport and Safety Authority Act, 2012;
"Authority" means the National Transport and Safety Authority established under
section 3 of the Act;
"Cabinet Secretary" has the meaning assigned to it under the Act;
“corporate body" means a limited liability company registered under the Companies
Act (Cap. 486) and includes a cooperative society registered under the Cooperative
Societies Act (Cap. 490) and a society registered under the Societies Act (Cap. 108);
“licence” means a driving licence issued by the Authority under the Act;
"two wheeled motorcycle" means any mechanically propelled vehicle with two
wheels the weight of which unladen does not exceed eight hundred kilograms;
"three wheeled motorcycle" means any mechanically propelled vehicle with three
wheels the weight of which unladen does not exceed eight hundred kilograms;
"two wheeled motorcycle Taxi" means a two wheeled motorcycle used for the
purpose of carrying or ferrying of a passenger for reward or hire;
"three wheeled motorcycle Taxi" means a three wheeled motorcycle used for the
purpose of carrying or ferrying of a passenger for reward or hire;
"motorcycle" means any mechanically propelled vehicle with less than four wheels
the weight of which unladen does not exceed eight hundred kilograms;
"owner" means the registered owner of a motorcycle;
"ride" means to operate, manage or to be in control of a motor cycle;
"rider" means the person operating or person in control of a motorcycle;
"Third Party Motor Vehicle Insurance" means an insurance policy by that name
issued in respect to a motorcycle pursuant to the provisions of the Insurance (Motor
Vehicles Third Party Risks) Act (Cap. 405);
"Third Party Public Service Vehicle Insurance" means an insurance policy by
that name issued in respect to a motorcycle pursuant to the provisions of the Insurance
(Motor Vehicles Third Party Risks) Act (Cap 405).
3. Application of the Regulations
These Regulations shall apply to all motorcycles operating on a public road in Kenya.

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4. Protective Gear
(1) No motorcycle shall be sold or transferred by any person without the following
protective gear —
(a) two helmets which comply with the standards established by the Kenya
Bureau of Standards and which shall have the registration number indelibly
printed in letters not less than three inches in height on both sides of the
helmet;
(b) two reflective jackets which shall have the registration number of the
motorcycle indelibly printed in letters not less than four inches in height on
the back of the jacket.
(2) A person desirous of transferring a motorcycle must present physical proof of
compliance with regulation 4 (1) to the Authority.
(3) No supplier, distributor or person involved in the business of selling motorcycles in
Kenya shall sell, distribute or otherwise convey a motorcycle without the protective gear
described in regulation 4.
(4) For Purposes of this regulation the term "reflective jacket" shall also mean a
reflective vest.
5. Responsibilities of Owners
Every owner of a two wheeled motorcycle shall —
(a) provide the rider and passenger with the protective gear stipulated in
regulation 4 (1);
(b) ensure that the helmets provided under (a) are yellow if the two wheeled
motorcycle is a taxi;
(c) not cause or permit any person to ride their motorcycle unless such person
is the holder of a valid driving licence or a valid provisional licence endorsed
in respect of that class of motorcycle;
(d) for private motorcycles, ensure that the motorcycle is at the very minimum
insured against third party risks in accordance with the Insurance (Motor
Vehicles Third Party Risks) Act, Cap 405;
(e) for two wheeled motorcycle taxi, ensure that motorcycle has a Third Party
Public Service Vehicle Insurance;
(f) ensure that no structural modifications to the motorcycle are undertaken that
may affect the safe operation of the motorcycle;
(g) ensure that no structural modifications to the motorcycle are undertaken that
may obstruct the visibility of the rear number plates;
(h) ensure that no modifications to the exhaust system or any other noise
abatement device of a motorcycle are done so as to cause the noise emitted
by the motorcycle to be above that emitted by the motorcycle as originally
manufactured.
6. Responsibilities of a Rider
Every rider of a motorcycle shall —
(a) have a valid driving license issued by the Authority;
(b) ensure that they shall not ride or carry a person on a motor cycle without the
prescribed protective gear properly fastened;
(c) not carry more than one person at a time;
(d) ensure that passengers are carried on a proper seat with foot rests securely
fixed to the motor cycle behind the rider's seat;
(e) ensure that a passenger sits astride the motor cycle;
(f) ensure that the headlights of the motorcycle are on at all times when riding;

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(g) ensure that loads and passengers are not carried at the same time;
(h) keep the protective gear in a clean, dry and generally wearable condition;
(i) ensure that the rear number plates are visible at all times;
(j) overtake on the right hand side and not to overtake in the same lane occupied
by vehicle being overtaken;
(k) observe traffic lights;
(l) observe all traffic rules;
(m) not park in undesignated areas.
7. Responsibilities of a Passenger
(1) Every passenger in a motorcycle shall —
(a) properly wear a helmet and reflective jacket whenever being carried on a
motorcycle;
(b) not board or be carried on a motorcycle that already has a passenger except
as provided by Regulation 7 (2) (a);
(c) not board or be carried on a motorcycle that is carrying any load;
(d) sit astride in the seat fixed behind the rider’s seat.
(2) For the purposes of these Regulations —
(a) a child who is less than thirteen years old may be carried together with an
adult provided the child is seated between the rider and the adult and wears
a helmet designed for children;
(b) persons with disabilities will be exempted from the requirement to sit astride
while being carried on a motorcycle.
8. Carriage of Loads
(1) A motorcycle rider shall not carry a load —
(a) whose width projects more than fifteen centimeters beyond the outside end
of the handle bars;
(b) whose height is more than two metres from the ground;
(c) whose weight is more than thirty kilograms for a motorcycle whose carrying
capacity does not exceed fifty cc and kilograms for a motorcycle whose
carrying capacity does not exceed four hundred cc;
(d) which projects to the rear beyond the maximum overall length of the
motorcycle by more than sixty centimeters. The rear extremity of the load
must be plainly indicated by a conspicuous red marker during the day and by
a red light at night.
(2) The rider of a motorcycle carrying loads shall ensure that no part of the load carried
drags on the road.
(3) For the purpose of this regulation the term “load” excludes luggage carried by a
passenger provided such luggage does not exceed ten kilograms in weight and does not
project more than fifteen centimeters beyond the outside end of the handle bars.
(4) The luggage in sub-regulation (3) may be carried together with the passenger
provided the luggage is properly secured between the rider and the passenger.
9. Membership in a body corporate
(1) Any person engaging in business of motorcycle taxis services shall be a member of
a body corporate which shall have a minimum of one hundred motorcycle taxis.
(2) ) For two wheeler motorcycle taxis, the name of the group or sacco which they are
members of must be indelibly printed in letters not less than four inches in height on the
back of both jackets.

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10. Requirements for operation of three wheeled motorcycles taxi

Every three wheeled motorcycle taxi shall —
(a) be fitted with a seat belt for the rider and a seat belt per seating position for
passengers;
(b) have covered body;
(c) have painted on both sides and on the rear, a broken horizontal yellow band
having a width of one hundred and fifty millimeters and of a consistency
sufficient to enable such band to be clearly visible by day at a distance of two
hundred and seventy five meters;
(d) no part of the motorcycle, whether unladen or laden, other than the driving
mirror or direction indicators, shall project more than fifteen centimeters,
beyond the outside wall of the outmost rear tyre;
(e) have at the minimum a motor commercial public service vehicle insurance
cover.
11. Responsibility of owners
Every owner of a three wheeled motorcycle taxi shall —
(a) not cause or permit any person to ride their motorcycle unless such person
is the holder of a valid driving licence or a valid provisional licence endorsed
in respect of that class of motorcycles;
(b) ensure that all three wheeled motorcycles taxi owned have at the minimum a
Third Party Public Service Vehicle Insurance.
12. Responsibilities of a Rider
Every rider of a three wheeled motorcycle shall —
(a) not ride a motorcycle unless that person has a valid driving licence issued
by the Authority;
(b) not ride a motor cycle without properly wearing a seat belt or carry passengers
who have not properly worn their seat belts;
(c) not carry more than passengers in excess of the seating positions provided;
(d) ensure that the headlights of the motorcycle are on at all times when riding;
(e) overtake on the right hand side and not to overtake in the same lane occupied
by the vehicle being overtaken;
(f) observe traffic lights;
(g) not ride or operate a motorcycle between lanes of traffic or between adjacent
lanes or rows of vehicles;
(h) keep the seat belts in a clean, dry and generally wearable condition;
(i) observe all traffic rules.
13. Responsibilities of a Passenger
Every passenger in a three wheeled motorcycle shall —
(a) wear seatbelt whenever being carried on a motorcycle;
(b) not board or be carried on a motorcycle that already has the maximum number
of passengers allowed.
14. Areas of operation
The Authority in consultation with the relevant county government shall designate —
(a) the areas of operation of motorcycle taxis;
(b) the hours of operation of motorcycle taxis.

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15. Offences and penalties

A person who contravenes any provision of these Regulations and whose penalty is not
provided for in the Traffic Act (Cap. 403), commits an offence and is liable on conviction to
a fine not exceeding twenty thousand shillings or to imprisonment for a term not exceeding
six months or, both.
16. Repeal
Regulation 25A of Legal Notice 173 is revoked.

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NATIONAL TRANSPORT AND SAFETY AUTHORITY

(OPERATION OF TOURIST SERVICE) REGULATIONS, 2015
ARRANGEMENT OF REGULATIONS
PART I – PRELIMINARY
Regulation
1. Citation.
2. Interpretation.
3. Application of the Regulations.
4. Tourist Service Vehicles to be Licensed.
5. Conditions to be met by applicants.
6. Documents to be submitted with the application.
7. Operation of Tourist Service Vehicles.
8. Driver of Tourist Service Vehicle.
9. Insurance.
10. Appeals
11. Offences and Penalties.
12. Application of Legal Notice 217 of 2013.

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NATIONAL TRANSPORT AND SAFETY AUTHORITY (OPERATION

OF TOURIST SERVICE VEHICLE) REGULATIONS, 2015
[L.N. 20/2015.]

1. Citation
These Regulations may be cited as the National Transport and Safety Authority
(Operation of Tourist Service Vehicles) Regulations, 2015 and shall come into force upon
publication in the Gazette.
2. Interpretation
In these Regulations, unless the context otherwise requires —
“Act” means the National Transport and Safety Authority Act, 2012;
"Appeals Board" means the Transport Licensing Appeal Board established under
section 39 of the Act;
"Authority" means the National Transport and Safety Authority established under
section 3 of the Act;
“Cabinet Secretary” has the meaning assigned to it under the Act;
“corporate body" means a limited liability company registered under the Companies
Act, (Cap 486) and includes a cooperative society registered under the Cooperative
Societies Act, (Cap 490) and a society registered under the Societies Act (Cap 108);
“licence” means a tourist service licence issued by the Authority;
"licensee" means a person to whom a license is issued under the Act;
"owner" means the registered owner of the tourist service vehicle;
"private car hire" has the same meaning as assigned to it in the Traffic Act (Cap
403);
"tourist service vehicle" means any vehicle (including private hire vehicles)
operated by a licensed tour operator and used exclusively for the carriage of tourists;
"Third Party Motor Vehicle Insurance" means an insurance policy by that name
issued in respect to a tourist service vehicle pursuant to the provisions of the Insurance
(Motor Vehicle Third Party Risks) Act (Cap 405);
"tour operator" means the corporate body with operational responsibility over the
tourist service vehicle on a day to day basis either as the registered owner of the vehicle
or pursuant to the terms of a contract or franchise agreement with the registered owner
of the vehicle.
3. Application of the Regulations
These Regulations shall apply to all tourist service vehicles operating on a public road
in Kenya.
4. Tourist Service Vehicles to be Licensed
(1) A person shall not operate a tourist service vehicle without a valid license issued
by the Authority.
(2) A person desirous of operating a tourist service vehicle shall make an application to
the Authority and shall be accompanied with the fee prescribed in the First Schedule.
5. Conditions to be met by applicants
(1) A person desirous of operating tourist service vehicles shall —
(a) have a valid tour operators license issued by the Tourism Regulatory
Authority;
(b) have in place a code of conduct approved by the Authority governing its

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(c) have in place a documented management system, safety management

system based on ISO 39001:2012 "Road Traffic Safety Management
Systems" or equivalent and customer complaints handling system;
(d) comply with labour laws and regulations including those relating to statutory
deductions, health and safety of the workplace, Work Injuries Benefits Act
(No. 13 of 2007), insurance, statutory leave days and written contracts of
employment for staff;
(e) subscribe to an accident and emergency mutual aid system.
(2) The Authority may —
(a) refuse to issue a tourist service vehicle license to an applicant who fails to
fulfill any of the stipulated conditions; or
(b) at its discretion issue a license conditional on the requirement that the
applicant demonstrates compliance within a stipulated period failing which the
license shall be withdrawn upon the expiry of the stipulated period.
6. Documents to be submitted with the application
A person applying for a license shall submit to the Authority certified copies of —
(a) a valid tour operators license issued by the Tourism Regulatory Authority;
(b) certificate of registration as a company under the Companies Act (Cap 486)
or a cooperative society under the Cooperative Societies Act (Cap 490).
(c) a list of its directors;
(d) a lease or certificate of ownership of the head office from which it is operating
or intends to operate the tourist service vehicle business;
(e) tax compliance certificate issued by the Kenya Revenue Authority;
(f) a description of the operator's management system, safety management
system and customer complaints handling system;
(g) valid driving license, identity card, and certificate of good conduct of each
person who shall drive the tourist service vehicles in respect to which the
application for the license is being made;
(h) valid inspection certificate issued by the Authority of each vehicle in respect
to which an application is being made;
(i) the certificate of ownership or other evidence of ownership in the name of
the owner of the vehicle or a contract or franchise agreement between the
applicant and the operator or intended operator of the vehicle; and
(j) the current third party insurance.
7. Operation of Tourist Service Vehicles
(1) Every operator of licensed tourist service vehicles shall —
(a) have in place or outsource a fleet management system capable of recording
speed and location of the vehicle at any one time;
(b) subscribe to a data storage system capable of storing data on vehicle speed,
location and operation for a period of thirty days;
(c) provide the data stored in (b) to the Authority before the expiry of the
prescribed storage period;
(d) in case of any accident resulting in a fatality, submit an investigation report to
the Authority within fourteen days containing details of the driver, passengers,
time of accident, probable cause and corrective measures undertaken;
(e) boldly display at a conspicuous place on the vehicle an identification mark
approved by the Authority;
(f) except for private car hire, boldly display on the vehicle the name of the
company under which the vehicle operates;

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(g) maintain a passenger manifest;

(2) Tourist service vehicles shall conform to the construction and design specifications
for tourist service vehicles that shall be approved by the Authority.
8. Driver of Tourist Service Vehicle
(1) Every driver of a tourist service vehicle shall —
(a) have a valid driver's license for that category of vehicle;
(b) have a valid Public Service Vehicle License;
(c) have a valid tourism driver-guide license issued by the Tourism Regulatory
Authority.
(2) Not withstanding subsection 8(1), persons who hire tourist service vehicle for self-
drive shall only be required to have a valid driving license for that category of vehicle.
9. Insurance
A person shall take out an insurance cover for a tourist service vehicles, where the
insurance company —
(a) is licensed by the Insurance Regulatory Authority under the Insurance Act
(Cap. 487) to provide that category of insurance;
(b) submits to the Authority a report on claims made in respect to accidents
involving tourist service vehicles it has insured and compensation paid in the
immediately preceding year; and
(c) submits to the Authority its customer service charter and claims payment
policy.
10. Appeals
A person aggrieved by the decision of the Authority taken under these Regulations may
within fourteen days of receiving the decision appeal to the Appeals Board.
11. Offences and Penalties
(1) A person who —
(a) operates a tourist service vehicle without a valid license issued by the
Authority in respect to that vehicle;
(b) drives a tourist service vehicle in breach of any provision of these Regulations:
or
(c) provides false information to the Authority,
commits an offence and is liable on conviction to a fine not exceeding twenty thousand
shillings or to imprisonment for a term not exceeding six months or both.
(2) The Authority may —
(a) suspend, cancel or withdraw the license of a tourist service vehicle operated
by an operator who contravenes any provision under these Regulations;
(b) suspend, cancel or revoke the license of a driver who contravenes any
provisions of these Regulations or the Traffic Act (Cap. 403);
(c) where it deems necessary order that all vehicles belonging a Company be
subjected to inspection.
12. Application of Legal Notice 217 of 2013
Legal Notice 217 of 2013 on speed governors shall apply to Tourist Service Vehicles.

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NATIONAL TRANSPORT AND SAFETY AUTHORITY (OPERATION

OF COMMERCIAL VEHICLES) REGULATIONS, 2018
ARRANGEMENT OF REGULATIONS
Regulation
1. Citation.
2. Interpretation.
3. Application of these Regulations.
4. Safety responsibility.
5. Commercial vehicle to be licensed.
6. Application for a commercial vehicle licence.
7. Securing of cargo generally.
8. Securing of certain cargo.
9. Retro-reflective contour markings for commercial vehicles and trailers.
10. Parking.
11. Daily driving and on-duty time.
12. Mandatory rest time.
13. Daily log sheet.
14. Safety audits.
15. Record and reporting requirements.
16. Removal or towing of vehicles.
17. Revocation or suspension of commercial vehicle licence.
18. Power of the Authority to order inspection.
19. Insurance.
20. Appeals.
21. Offences and penalties.

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NATIONAL TRANSPORT AND SAFETY AUTHORITY (OPERATION

OF COMMERCIAL VEHICLES) REGULATIONS, 2018
[L.N. 3/2018.]

1. Citation
These Regulations may be cited as the National Transport and Safety Authority
(Operation of Commercial Vehicles) Regulations, 2018.
2. Interpretation
In these Regulations, unless the context otherwise requires—
“Appeals Board” means the Transport Licensing Appeals Board established under
section 39 of the Act;
“authorised officer” means
“Authority” means the National Transport and Safety Authority established under
section 3 of the Act;
“Cabinet Secretary” has the meaning assigned to it under the Act;
“carrier” means a corporate body or an individual with operational responsibility
over a commercial vehicle on a day to day basis either as the registered owner of the
vehicle or pursuant to a contract or franchise agreement with the registered owner of the
vehicle but does not include the driver of the vehicle;
“commercial vehicle licence” means a licence issued by the Authority under the
Act, for the operation of a commercial vehicle;
"commercial vehicle” has the meaning assigned to it under the Traffic Act (Cap.
403);
“corporate body” means a limited liability company registered under the
Companies Act (No. 17 of 2015), and includes a cooperative society registered under
the Cooperative Societies Act (Cap. 490) and a society registered under the Societies
Act (Cap. 108);
“heavy commercial vehicle” has the meaning assigned to it under the Traffic Act
(Cap. 403);
“off-duty time” means any period other than on-duty time;
“on-duty time” means driving time;
“owner” means the registered owner of a commercial vehicle;
“public road” has the meaning assigned to it under the Public Roads and Roads
of Access Act (Cap. 399);
“retro-reflective marking material” means a surface or a device from which,
when directionally illuminated, a relatively large portion of the incident radiation is retro-
reflected;
“Third Party Motor Vehicle Insurance” means an insurance policy by that name
issued in respect to a public service vehicle pursuant to the provisions of the Insurance
(Motor Vehicle Third Party Risks) Act (Cap. 405); and
“urban area” has the meaning assigned to it under the Urban Areas and Cities Act
(No. 13 of 2011).
3. Application of these Regulations
These regulations shall apply to any commercial vehicle—
(a) whose tare weight is more than three thousand and forty eight kilograms; and
(b) operating on a public road in Kenya.

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4. Safety responsibility
A carrier shall not operate a commercial vehicle if—
(a) the vehicle does not comply with these regulations;
(b) the driver of the commercial vehicle fails or refuses to take any action required
to be taken under these regulations;
(c) the cargo transported by the commercial vehicle is not contained, covered,
immobilized or secured in accordance with these regulations; or
(d) the driver of the commercial vehicle is not licensed to drive a commercial
vehicle.
5. Commercial vehicle to be licensed
(1) A carrier or a driver shall not operate a commercial vehicle without a valid commercial
vehicle licence issued by the Authority in accordance with the provisions of regulation 6.
(2) All commercial vehicles shall be fitted with a speed governor that conforms to the
Kenyan Standard KS 2295 or as approved by the Authority.
(3) A commercial vehicle licence shall be valid for a period of one year and may be
renewed annually.
6. Application for a commercial vehicle licence
(1) A carrier or a driver may apply for a commercial vehicle licence by submitting an
application in the form set out in the First Schedule and the application shall be accompanied
by—
(a) the prescribed fee as set out in the Second Schedule;
(b) a certificate of incorporation if the applicant is a company incorporated under
the Companies Act, 2015 (No. 17 of 2015);
(c) a certificate of registration if the applicant is a co-operative society registered
under the Co-operative Societies Act (Cap. 490);
(d) a certificate of registration if the applicant is a society registered under the
Societies Act (Cap. 108);
(e) a national identity card if the applicant is an individual;
(f) the certificate of ownership or other evidence of ownership of the vehicle in
the name of the applicant or a contract or franchise agreement between the
owner and the carrier or intended carrier of the vehicle;
(g) a valid certificate of roadworthiness issued by the Authority for each vehicle
in respect to which an application is being made;
(h) a valid insurance cover for the vehicle;
(i) evidence showing that the commercial vehicle has been fitted with the
prescribed speed governor; and
(j) evidence of installation of a fleet management system accredited by the
Authority for heavy commercial vehicles.
(2) The Authority may—
(a) refuse to issue a commercial vehicle licence to an applicant who fails to
comply with any of the requirements set out in sub-regulation (1); or
(b) issue a licence on the condition that the applicant demonstrates compliance
with the requirements set out in sub-regulation (1) within a stipulated period
failure to which the licence shall be withdrawn upon the expiry of the stipulated
period.
(3) The Authority shall make a decision on an application under this regulation within
fourteen days of receiving the application.

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7. Securing of cargo generally

A driver or a carrier shall ensure that any cargo transported by the commercial vehicle is
contained, covered, immobilised or secured so that the cargo does not leak from, spill from,
blow off, fall from, fall through or otherwise be dislodged from the vehicle.
8. Securing of certain cargo
(1) Cargo that comprises of—
(a) sand, gravel, crushed stone, ore or salt, or any mixture of sand, gravel,
crushed stone, ore or salt or whole stones;
(b) waste; or
(c) shredded scrap metal, that is carried by a commercial vehicle on a public road
and is not enclosed by the vehicle or a load container must be covered as
provided for in sub-regulation (2).
(2) The covering referred to in sub-regulation (1) shall be—
(a) made of tarpaulin, canvas, wire mesh, netting or other material capable of
containing the load within the vehicle or load container; and
(b) secured to the vehicle or load container in such a manner that it cannot
become separate from the vehicle or load container.
(3) The carrier shall be responsible for any damage caused to a public road by spilled
cargo that should have been enclosed or covered in accordance under sub-regulation (1)
and shall be responsible for the cost of any repairs that may be needed to the public road.
9. Retro-reflective contour markings for commercial vehicles and trailers
(1) A commercial vehicle shall be required to have retro-reflective contour markings that
conform to the standard KS 1820: 2005, that identify as close as possible the entire length
and width of the motor vehicle when viewed from the front, side or rear as illustrated in the
Third Schedule.
(2) The minimum width of the retro-reflective contour markings should be two inches.
10. Parking
(1) A carrier or driver shall ensure that a commercial vehicle is not parked in an
undesignated parking area including road sides, road reserves, road ways, bridges and
tunnels.
(2) A carrier or driver shall ensure that a commercial vehicle is parked at least five metres
from the edge of the road so as not to block a pedestrian way, obstruct the view of other
road users or affect the safe operation of the road.
11. Daily driving and on-duty time
(1) A carrier shall ensure that a commercial vehicle is not driven if—
(a) the driver has accumulated eight hours of driving time within twenty four
hours; or
(b) has driven for a total of three hundred kilometres within a period of twenty
four hours whichever is achieved first.
(2) A carrier shall ensure that a commercial vehicle is operated by two drivers where
the vehicle—
(a) is to be driven for a distance of more than five hundred kilometres; or
(b) is to be driven for more than eight hours.
12. Mandatory rest time
(1) A driver of a commercial vehicle shall rest for a period of at least one hour for each
period of continuous driving of four hours.
(2) A carrier shall ensure that every driver of a commercial vehicle rests as specified
in sub-regulation (1).

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13. Daily log sheet

(1) A driver of a heavy commercial vehicle shall prepare a daily log sheet accounting
for the driver's on duty and off duty time in the form set out in the Fourth Schedule.
(2) A carrier shall ensure that the driver of the heavy commercial vehicle has completed
the daily log sheet for the preceding day before allowing the driver to drive the vehicle.
(3) A driver shall—
(a) not keep more than one daily log sheet in respect of any day;
(b) keep in the vehicle, logs sheets for the preceding seven days; and
(c) not enter inaccurate information in the daily log sheet.
(4) An authorised officer from the Authority or a police officer may stop and inspect the
daily log sheets and supporting documents of the commercial vehicles as stipulated in sub
regulation (3).
(5) An authorized officer from the Authority or a police officer above the rank of
superintendent of police may order the detention of the driver or the commercial vehicle
where—
(a) the driver refuses to produce the daily log sheet;
(b) the driver has not completed the required log sheet; or
(c) the officer suspects that a driver has entered inaccurate information in the
daily log sheet.
14. Safety audits
(1) The Authority may conduct a safety audit of any carrier, owner or driver of a
commercial vehicle.
(2) A safety audit shall include—
(a) an examination of the qualification of the driver of the commercial vehicle;
(b) an examination of the duty status of the driver of the commercial vehicle; and
(c) an examination of the maintenance records of the commercial vehicle.
15. Record and reporting requirements
(1) A carrier or driver shall keep, in electronic or written format—
(a) a maintenance record for a commercial service vehicle for a minimum period
of one year;
(b) the inspection report for the vehicle; and
(c) a monthly record of the daily logs for a period of one year.
(2) A carrier shall—
(a) where there has been an accident involving the vehicle that results in the
death of a person, submit to the Authority within twenty-four hours a report of
the accident which shall include the probable cause of the accident and any
remedial action intended to be taken by the carrier; and
(b) on the fifth day of each quarter beginning on the first day of January, submit
to the Authority—
(i) a list of authorized drivers in the employment of the carrier; and
(ii) a copy of the monthly daily log sheets of each driver.
(3) The report under sub-regulation (2)(a) shall be in the form set out in the Fifth
Schedule.
16. Removal or towing of vehicles
(1) The carrier or driver of a commercial vehicle shall—
(a) in case of a break-down or stalling of the commercial vehicle, ensure that the
commercial vehicle is removed from the road as soon as possible; and

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(b) in case of a break-down or stalling of a heavy commercial vehicle and where

specialized equipment is required to move the vehicle, ensure that the vehicle
is moved from the road within twenty four hours of the incident.
(2) The driver of a commercial vehicle shall, in case of a breakdown, immediately
place on the road not less than fifty metres from the commercial vehicle, two red reflecting
triangles of such construction and dimensions as may be prescribed, one ahead of the
vehicle and one behind it so that each reflecting triangle is clearly visible to drivers of vehicles
approaching the commercial vehicle from ahead or behind as the case maybe.
(3) Subject to sub-regulation (1), the Authority may tow or remove a commercial vehicle
that has stalled or broken down on a road or arrange for a third party to tow or remove such
a vehicle at the carrier's cost if in the opinion of the Authority such vehicle poses a risk to
the safety of other road users.
(4) The cost referred to in sub-regulation (3) shall be recoverable as a civil debt:
Provided that the Authority shall ensure that any person engaged to tow or remove
stalled commercial vehicles on the road shall charge a standard fee that is reasonable and
based on the distance travelled from the place where the commercial vehicle broke down
or stalled to the place directed for delivery by the Authority.
(5) The Authority may prescribe the fees to be charged for the purposes of this
regulation.
17. Revocation or suspension of commercial vehicle licence
(1) The Authority may suspend or revoke a commercial vehicle licence where the carrier
—
(a) fails to keep any of the records required to be kept in accordance with the
provisions of these Regulations;
(b) fails to submit the records required to be submitted under these regulations
to the Authority;
(c) fails a safety audit under regulation 14;
(d) permits an unqualified driver to drive a commercial vehicle;
(e) provides inaccurate information to the Authority;
(f) fails or refuses to settle any towing charges imposed by the Authority;
(g) fails to equip the vehicle with two red reflecting triangles of the approved
construction and dimensions; or
(h) fails to properly secure cargo as required under these Regulations.
(2) The Authority shall, before suspending or revoking a commercial vehicle licence,
give the licensee a reasonable opportunity to present his or her case.
18. Power of the Authority to order inspection
The Authority may order the inspection of any commercial vehicle to establish the road
worthiness of the vehicle.
19. Insurance
A carrier shall take out, at the minimum, third party insurance cover for each of its
commercial vehicles.
20. Appeals
A person aggrieved by any decision made by the Authority under these regulations may,
within fourteen days of being notified of the decision, appeal to the Appeals Board against
the decision.

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21. Offences and penalties

Any person who contravenes any provision of these regulations commits an offence
and shall be liable on conviction to a fine not exceeding twenty thousand shillings or to
imprisonment for a term not exceeding six months or to both.

FIRST SCHEDULE
[Reg. 6(1).]

APPLICATION FOR COMMERCIAL SERVICE LICENCE

FOR OFFICIAL USE

A. APPLICANT'S INFORMATION
Name of Registered Owner: ....................Address: .............................
E-mail address: ...................................... Mobile No. ...........................
B. TYPE OF VEHICLE.
Tick the type of vehicle.
□ Commercial Vehicle
□ Heavy Commercial Vehicle
C. DOCUMENTATION REQUIRED. (Applicant MUST provide copies of the listed
documents).

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D. DECLARATION
I declare that I have read all the answers I have given to the questions in this application
and that the answers given by me are complete, true and correct in every detail.
I understand that if I have stated anything that is false or misleading, the licence granted to
me as a result of this application may be absolutely void and have no legal effect whatsoever.
I understand that I may be prosecuted for giving or stating facts or misleading information
or documents.
I also declare that I have read and understood the general duties and responsibilities of a
transport operator and hereby agree to be bound by them.

Date: ............................................................................

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SECOND SCHEDULE
[Reg. 6(1)(a).]

FEES

Application fee for a commercial licence (per vehicle) ................................. Kshs 2,000.
Renewal of licences .................................................................................... Kshs 1,500.
Replacement of damaged or lost licence ................................................... Kshs 1,500.

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THIRD SCHEDULE
[Reg. 9(1).]

RETRO-REFLECTIVE MARKING FOR

COMMERCIAL VEHICLES AND THEIR TRAILERS

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FOURTH SCHEDULE
[Reg. 13(1).]

DAILY LOG

Driver's name .........................................................................................................

Signature ................................................................................................................
Vehicle Registration No. .......................................................................................

FIFTH SCHEDULE
[Reg. 15(3).]

ACCIDENT REPORT FORM

Name of Registered Owner of Commercial Vehicle:- .................................................

Date and location of accident: .......................................................................................
Registration number of vehicles involved in accident ................................................
Licence Number of commercial vehicle:- ....................................................................
Driver's Name:- .................................................................................................................
Driving licence No. of driver of Commercial Vehicle:- ..................................................
....................................................................................................................................................
....................................................................................................................................................
Number of confirmed fatalities:- .......................................................................................
Circumstances about the accident/ probable cause:- ....................................................
...................................................................................................................................................
....................................................................................................................................................
....................................................................................................................................................

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