New law to ban boda boda from towns

All motor cycle operators or those who earn their living from that means of transport could be hit with huge losses if a new law that seeks to lock out ‘boda boda’ operators from the Central Business District and other towns in Kenya, becomes operational.

The motor cycle operators could soon be flushed out of all cities and towns if proposals contained in the Draft National Transport and Safety Authority (NTSA) Regulations (operation of motorcycles), 2014 become law. Cases are rampant of pedestrians knocked down on pavements by unregistered motor bikes. Motor cycle riders have also been cited for disobeying laws and obstructing vehicle users as they fight for space during traffic snarl ups.

In a statement released yesterday, the NTSA invited the public and stakeholders to submit their inputs on the draft regulations before August 13, 2014. The views are to be passed on to the NTSA Director General’s office. In the proposed law, it would be the duty of respective county transport and safety committees to designate the areas of operation. The hours of operation of boda boda would be between 5 AM and 11 PM.

The regulations, to apply to all motorcycles operating on any public road in Kenya, state that for registration of any motorbike, it must have two helmets and two reflectors, which comply with Kenya Bureau of Standards.

Any person contravening any of these regulations, whose penalty is not provided for in the Traffic Act is liable to a fine not exceeding Sh20,000 or a prison term not exceeding six months or both. Currently, Kenya ranks among countries with the highest annual rates of road traffic crashes globally, averaging 3,000 deaths per year. Other challenges currently experienced in the road transport sub-sector include lack of automation, leading to loss of revenue, proliferation of fake documents, disregard of traffic laws and inefficiency in service delivery.

The operation of non-motorised and intermediate means of transport (boda boda) still remain a big challenge. Most of Kenya’s hospitals currently have wards specifically set aside for victims of accidents caused by motorcycle riders. It was against this background that the Government enacted the National Transport and Safety Authority Act, Number 33 of 2012, as it sought to form the NTSA.

The Authority brings together under one roof the functions of Motor Vehicle Registration, Transport Licensing and Motor Vehicle Inspection, Road Safety, Driver Testing and some extent, Traffic Law enforcement.

The objective of forming the Authority was to harmonise the operations of the key road transport departments and help in effectively managing the road transport sub-sector to minimise loss of lives through road traffic crashes.