BY MARTIN MUTUA
Motorists be warned: You might soon have your licence suspended for three years or cool your heels in jail for the rest of your life.
The Traffic (Amendment) Bill 2012 raised penalties for breaking traffic rules and causing accidents in an effort to restore sanity on Kenyafs roads, do away with the police Traffic Department, and stem the bloodletting on the highways.
The proposed law sends a warning to those found driving under the infl uence of alcohol and
Members of the public help a motorcyclist who was knocked down by a vehicle along Ngong Road. [PHOTO: MBUGUA KIBERA/STANDARD] |
Those fond of overlapping by driving through the pavements, and petrol stations to avoid traffic jams are in for a shock, as they could be fined Sh30,000 or be jailed for three months or both. It also seeks to have matatu drivers and touts permanently employed, and to hold certificates of good conduct.
If passed by Parliament, the Bill, which has already been published, would put Kenya alongside the United Arab Emirates (UAE) as one of the counries with the harshest traffic laws in the world.
In the UAE Gulf state of Dubai, where cameras are installed on most roads, highway codes are strictly observed. Drivers who cause accidents pay heavy fines and jail terms, while foreigners are deported.
The proposed Bill sponsored by Gem MP and Government Chief Whip Jakoyo Midiwo further proposes that the new laws be implemented together with the famous eMichuki Rulesf for public service vehicles that briefly reduced carnage on roads.
This means every driver and conductor of a public service vehicle shall be required by law to wear a special badge and uniform prescribed by the Registrar of Motor Vehicles. In the case of a driver, it shall be navy blue, while conductors will wear maroon. The special badges will be supplied by the Registrar of Motor Vehicles at a fee.
Matatu drivers will also be required to undergo a compulsory testing after every two years to ascertain their competence. Those who do not meet the requirements could find themselves behind bars for a year or fined Sh10,000 or both.
To stop the sale of stolen vehicles, owners will now have to hand over the number plates of their cars to the Kenya Revenue Authority before completing the sale. Number plates for vehicles whose insurance lapses for over 30 days will also have to be given over to KRA, which the Bill now vests with ownership of the same.
Reflective clothing
Motorcycle taxi operators and their passengers must wear reflective clothing and helmets and only one passenger will be allowed at a time. Those who defy the proposed law risk a fine of Sh10,000 or a year in prison in default or both.
And those who cause death by dangerous driving should be prepared to spend the rest of their lives in prison if convicted, as the proposed law has raised the offence to the same status as murder.
The police will be restricted to mounting roadblocks only in areas designated and gazetted by the
Inspector General of Police as a way of reducing corruption where such barriers are used by police to shake down motorists for bribes.
Driving licenses of speed limit violators shall be suspended for not less than three years if the person has exceeded speed limit by more than 10km per hour.
Licensed drivers must also undergo mandatory eye tests every three years, with those who fail losing their right to drive.
Matatu Owners Association chairman Simon Kimutai termed the proposed Bill as a recipe for anarchy in the public transport sector, adding that it has too many loopholes. He advised Mr Midiwo to carry out more research in other countries.
"Some of the proposals of the Bill like removing traffic police officers and creating room for any officer to inspect vehicles is a serious flaw. Currently officers bribe to join the traffic department. How will the situation be if all of them are allowed to come to the road?" posed Kimutai.
He said the Bill gives police the leeway to siphon more money from motorists, as it fails to address the mechanism that would be employed to monitor and regulate police operation.
"The Bill gives all police officers the powers to act as traffic police officers. What this means is that we will have police officers swarming our roads and looking for bribes," he said.
He warned that motorists would be more willing to pay bribes than the hefty fines.
"We as stakeholders know what is ailing the industry, but we were not consulted. Some players in the sector are not even aware what the Bill is about. More research should be conducted to avoid worsening the situation," he said.
Midiwo, the Bill sponsor, defended the draft law.
"Unless we do something to control our roads, too many people will continue losing lives. We canft just sit back and watch," he added.
Boda boda menace
Midiwo noted that boda boda in particular were killing many yet nobody was talking about the menace.
He said the motivation behind doing away with the traffic department was because when accidents occur, regular police officers must wait for their traffic colleagues to act.
"Police should be trained to handle all crimes. It is for us to tell the police what to do, and not for them to tell us what they want to do," he added.
"What I have out are just suggestions and Kenyans can improve on them, as I welcome debate," he added.
Traffic Commandant Joseph ole Tito said they were opposed to the proposed Bill to scrap the Traffic Department terming it "strange".
He said the department was a specialised one and that not all officers can handle traffic matters.
"Traffic Department is crucial and we hope even his colleagues (fellow MPs) will reject the move to scrap it," he added.
Additional reporting by Isaiah Lucheli
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