SPECIAL ISSUE

Kenya Gazette Supplement No. I17 (National Assembly Bills No.32)

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.u$'$ffiREPUBLIC OF KENYA

KENYA GAZETTE SUPPLEilTENT

NATIONAL ASSEfi#8LY BILLS, 2014

NAIROBI, lst August, 2014

CONTENT;

Bill for Introduction into the National Assembly-

PAGE

The Traffic (Arnendment) Bill, 2014 .....2Xi7

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2967

THE TRAFFIC (AMENDMENT) BILL, 2014

, ,, A BiIl for

AN ACT of Parliament to ariiend the Traffic Act(Cap. a03)

ENACTED by the Partiament of Kenya, as follows-1. This Act may be cited as the Traffic (Amendment)

Act,2Ol4.

2. Section 42 of the Traffic Act (hereinafter referred toas "the Principal Act") is amended by inserting thefollowing new subsections immediately after subsection(3)-

*(3A) A person shall not drive, Ur, being theownet or person in charge of a vetricle, cause orpermit any other person to drive, any vehicle at aspeed exceeding thirty kilometres per hour on anyroad withinthe bouridaries of-

(a) a nursery, primary or secondary school;

(b) an institution where -children reside ornormally access by children;

(c) a public playing ground which is normallyaccessed by children;

(d) an area used by children when crossing toand from school; or

(e) any health facility.

(3B) The higtrway authority shatl-

(a) erect and maintain traflic signs as.prescribedin the Act so as plainly to indicate to driversentering or leaving such roads or areas

referred to under subsection (3A) where thethirty kilomefres per hour speed limitrestiction begins and ends;

Short titto.

Amendnrentofscction 42 ofCap

,8.

The Trafftc ( Anendrnent) B ill, 20 I 4

(b) eiect, construct and maintain speed limitingroad design features such as speed bumps orrumble stips, and tafflrc circles on the roadsreferred to under subsection (3A) at theareas specifically designated for pedestriancrossing or on any road within a built uparea or any section of a road where forwardvisibility is short;

(c) ensure that traffrc routes in the vicinity ofnursery, primary or secondary schools andthose giving access to the schools areplanned, designed, equipped and maintainedwith safef features such as widepavements, footpaths, cycle-tracks, roadsidebarriers, pedestrian crossings andunderpasses and footbridges withappropriate signs and markings; and

(d) ensure that there axe no man-made'o, *t,talobstructions, including stationary vehicleson roads and parking areas in the vicinity ofschools that might block children's view ofthe road and vehicles travelling along it, or

' drivers' view of children. \

3. The principal Act is amended in section 43 by-

(a) deleting subsection (1) and substituting thereforthe following new subsection-

':(l) A person who contavenes section 42 shallbe liabl6 to a fine as stipulated in the First Schedule";

(b) inseSting the following new subsectionsimmediately after subsection (lF*(l'A) A police officer strall serve upon the

penion driving or in charge of a vehicle and wtrocommits'an offence urder section 42, with a.policenotification of taffic offence in the presoribed fornrcharging the person of having commiffed the ofrenceunder the section.

Ameodoentofsoaion€ ofGap.4o3.

Tlu Trafftc ( Amen&nent) Bill, 20 I 4 2969

(18) The police notffication served undersubsection (1A) shall require the person to attendcourt to answer such charge as may be preferredwithin fony eight hours of service of the notification.

(lC) The procedure stipulated under section l17(4), (5), (6), (7), (8), (9) and (10) shall apply to thissection."

4. The principal Act .is amended by inserting thefollowing new Section igmediately after section 105A-Child safety in motorvehkdu* 1058. (l) A persori or institution shall

ngt designate or . use a vehicle forilansporting children to and from school orschool or non-school related activity unlessthe vehicle mee-ts the prescribed standards.

(2) Notrvithstanding subsection (l), avehicle designated for transporting childrento or from school or for any non-schoolrelated activrty when they are in a groupshall be fitted with the predcribed ohildsafety equipmen! design safety features or

,,structures.

f""J:l Tiu'l *ffi?,'iTfl?#' *-o:lsubsection (1) shall be in aecordance withthe prescribed standards.

(4) A persotr who, carries or permitsanother person to carry a child under the ageof eight years, on board a vehicle shallen$ffe that-

(a) the vehicte is fitted with theprescribed child reshaint device orseat; and

I

(b) the child is always placed in thedevice or seat whenever on board avehicle in accordanee with theprescribed instructions orguidelines.

Inscrtiqr d nowredion l&5B in Crp.(I}.

2970 The Traffic ( Amend.ment) Bill, 20 I 4

(5) The child restraint device or sear

stipulated under this section shall be inaccordance with the prescribed standards.

(6) The Cabinet Secretary shallprescribe-

(a) the maximum rumber of childrenthat a vehicle designated forfiansporting them to and fromschool can carry, depending on theclass of the vehicle;

(b) for continuous inspection ofvehicles transporting children;

(c) for specialised instructions to beprovided and undertaken by anyperson drivrng a vehicles forchildren hansport.

(7) A person who contravenes thissection commits an offence and shall be.liable to a fine of fifty thousand shillings orto irnprisonment for a term not exceedingtwo months orto both.

(8) Notwithstanding subsection (7), aporson who being the owner, nunager,teacher ofa school or a driver ofa used forvehicle transporting children, whoauthorizes or permits the use of a vehicleused for transporting children or is negligentto prevent conhavention with this Actcommits an offence and shall be liable to afine not exceeding fiffy thousand shillings orimprisonmep for a term not exceeding twomonths or to both.

5. The principal Act is amended by-

(a) inserting the following new Schedule immediatelybefore the existing Schedule--

lnscrtion of m$rFirst Schcdulc inC8P.rm.

- !'il-:t:r{Effir'TiFlllRts

TteTrqfrc (bvndment) Bilt,z\l4 znl

flRsT SCIIEDULE (s. a3)Deocription of offence Fine (KSh.)

,

Exceeding Speed Limit -

By 5 to l0 Kph... ...... 10,000

By ll to 20Kph. ..., 15,000

By 31 Kph orgore .... 25,000

(b) renamtng the existing Schedule as the SecondSchedule.

The Traffrc (,4nendment) Bill, 20 1 4

MEMORANDUM OF OEIECTS AND REASONS

The principal object of this 'Bill is to amend the Traffic Act (Cap.403) to make provision for the safery of children on roads arormd learninginstitutions or when using school transport.

The Bill seeks to regulate the speed of vehicles around schools iaorder to protect children when crossing the road to or from sehsol. Itimposes an obligation on the highway authority to enstre that there areeffective measures around schools to ensure safety of children from motorvehicles.

The Bill firther seeks to prescribe fixed statutory penalties foroffences related to speed. It proposes ma:rimum penalties depending onthe level at which one exceeds the prescribed speed limit. It is intendedttrat this will improve efficiency in the enforcement of offences related tospeed as well as reduce cornrpion.

ffri gilt also seeks to provide for safety of children in motor vehiclesused for school transport. This is intended to ensure safety of childrenwhen being transported to and from school in motor vehicles designatedfor school fianspbrt.

The Bill delegates the power to prescribe g.andards to the CabinetSecretary.

This Bill does not concern county governments and neither does itaffect the powers and functions of county gorrernments as set out in Pafi2of the Fourth Schedule to the Constitution.

The Bill shall not occasion additional expenditue of public funds.

'Dated the 30th Ju1y,2014. !

JOSEPH LEKUTON,Member of Porliament.

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