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EFFECTS OF NEW TRAFFIC LAW
alustaadh
#11 Posted : Sunday, December 09, 2012 8:07:31 PM
Rank: Member

Joined: 11/6/2010
Posts: 222
Location: NAMANGA
http://www.kenyalaw.org/...15435891287764445647861

Rule 3 of the Traffic (Amendment) Rules, 2009 as promulgated by Legal Notice No.173 of 2009 provide as follows;
“The Principal Rules are amended by inserting the following new Rule immediately after Rule 54-
(i) Tinted motor vehicle windows.
(ii) 54A (1) a person shall not drive or operate a public service vehicle that is fitted with tinted windows or tinted windscreen.
(iii) (2) For the purposes of this rule, “tinted” means shaded, coloured or treated in a similar manner so that the persons or objects inside are not ordinarily seen clearly from outside.”
3. Section 119 of the Traffic Act provides that the Minister may make Rules prescribing certain matters therein set out and for avoidance of doubt, they are;
“(1) The Minister may make Rules prescribing-
(a) anything required by this Act to be prescribed;
(b) the forms to be used for any purposes of this Act;
(c) the weight of goods and passengers, the number of passengers which vehicles may carry, the method by which seating capacity is to be determined and the gross weight of vehicles;
(d) the weight and size of vehicles which may be permitted on any class of road and the manner in which, if at all, vehicles whose weight or size is in excess of the prescribed maximum weight or size may be allowed to use any road;
(e) the construction of, equipment to be carried by, any class of vehicle, and in particular the type of tyres, lights and warning instruments to be carried by any class of vehicle, and any restriction in the carrying or use of lights and warning instruments;
(f) the carrying on any class of vehicle of any special identification plates, and the fees to be charged for such plates;
(g) all matters relating to the inspection, registration, licensing, regulation and control of vehicles and to the conditions which may be imposed in regard thereto;
(h) the regulation of the conduct of drivers and conductors of public service vehicles, and the wearing by them of special badges and uniforms, and the fees to be paid for any badges provided by an authority.
(i) conditions of service and hours of work for persons employed by owners of public service and commercial vehicles;
(j) the regulation of the carriage of luggage and goods on public service vehicles;
(k) the rules of the road, and the signals to be given and obeyed by the drivers of vehicles;
(l) the procedure to be adopted and the conditions to be observed in connection with the issue of documents necessary for international travel, and the use of such documents in Kenya;
(m) the conditions on which motor vehicles licensed outside Kenya may be used within Kenya and on which persons holding driving licences or permits issued outside Kenya may be allowed to drive within Kenya;
(n) measures for controlling or prohibiting the movement of which vehicles of any specified class or description between the hours of 6.45 p.m. and 6.15 a.m.;
(o) measures for controlling or prohibiting the use of vehicles of any specified class or description on any sea beach or foreshore or other place to which the public have access;
(p) measures for generally restricting or regulating the use of vehicles in such manner as the circumstances and safety on the roads may appear to him to require, and for the further, better or more convenient carrying out of any provisions of this Act;
(q) the penalties which may be imposed for the breach of such rules not exceeding-
(i) in the case of a first conviction, a fine not exceeding ten thousand shillings or imprisonment for a term not exceeding six months or both;
(ii) in the case of a second or subsequent conviction, a fine not exceeding twenty thousand shillings or imprisonment for a term not exceeding one year or both.
(2) …”
It is humiliating to be associated with thieves and murderers.
bebeto
#12 Posted : Monday, December 10, 2012 8:26:51 AM
Rank: Member

Joined: 8/5/2008
Posts: 602
alustaadh wrote
Quote:
Rule 3 of the Traffic (Amendment) Rules, 2009 as promulgated by Legal Notice No.173 of 2009 provide as follows;
“The Principal Rules are amended by inserting the following new Rule immediately after Rule 54-
(i) Tinted motor vehicle windows.
(ii) 54A (1) a person shall not drive or operate a public service vehicle that is fitted with tinted windows or tinted windscreen.
(iii) (2) For the purposes of this rule, “tinted” means shaded, coloured or treated in a similar manner so that the persons or objects inside are not ordinarily seen clearly from outside.”
3. Section 119 of the Traffic Act provides that the Minister may make Rules prescribing certain matters therein set out and for avoidance of doubt, they are;
“(1) The Minister may make Rules prescribing-
(a) anything required by this Act to be prescribed;
(b) the forms to be used for any purposes of this Act;
(c) the weight of goods and passengers, the number of passengers which vehicles may carry, the method by which seating capacity is to be determined and the gross weight of vehicles;
(d) the weight and size of vehicles which may be permitted on any class of road and the manner in which, if at all, vehicles whose weight or size is in excess of the prescribed maximum weight or size may be allowed to use any road;
(e) the construction of, equipment to be carried by, any class of vehicle, and in particular the type of tyres, lights and warning instruments to be carried by any class of vehicle, and any restriction in the carrying or use of lights and warning instruments;
(f) the carrying on any class of vehicle of any special identification plates, and the fees to be charged for such plates;
(g) all matters relating to the inspection, registration, licensing, regulation and control of vehicles and to the conditions which may be imposed in regard thereto;
(h) the regulation of the conduct of drivers and conductors of public service vehicles, and the wearing by them of special badges and uniforms, and the fees to be paid for any badges provided by an authority.
(i) conditions of service and hours of work for persons employed by owners of public service and commercial vehicles;
(j) the regulation of the carriage of luggage and goods on public service vehicles;
(k) the rules of the road, and the signals to be given and obeyed by the drivers of vehicles;
(l) the procedure to be adopted and the conditions to be observed in connection with the issue of documents necessary for international travel, and the use of such documents in Kenya;
(m) the conditions on which motor vehicles licensed outside Kenya may be used within Kenya and on which persons holding driving licences or permits issued outside Kenya may be allowed to drive within Kenya;
(n) measures for controlling or prohibiting the movement of which vehicles of any specified class or description between the hours of 6.45 p.m. and 6.15 a.m.;
(o) measures for controlling or prohibiting the use of vehicles of any specified class or description on any sea beach or foreshore or other place to which the public have access;
(p) measures for generally restricting or regulating the use of vehicles in such manner as the circumstances and safety on the roads may appear to him to require, and for the further, better or more convenient carrying out of any provisions of this Act;
(q) the penalties which may be imposed for the breach of such rules not exceeding-
(i) in the case of a first conviction, a fine not exceeding ten thousand shillings or imprisonment for a term not exceeding six months or both;
(ii) in the case of a second or subsequent conviction, a fine not exceeding twenty thousand shillings or imprisonment for a term not exceeding one year or both.
(2) …”


they should let private cars be!
"The chief danger in life is that you may take too many precautions" - Alfred adler
tassia
#13 Posted : Monday, December 10, 2012 9:36:05 AM
Rank: Member

Joined: 4/25/2011
Posts: 368
Location: Nairobi
alustaadh wrote:
http://www.kenyalaw.org/CaseSearch/view_preview1.php?link=15435891287764445647861

Rule 3 of the Traffic (Amendment) Rules, 2009 as promulgated by Legal Notice No.173 of 2009 provide as follows;
“The Principal Rules are amended by inserting the following new Rule immediately after Rule 54-
(i) Tinted motor vehicle windows.
(ii) 54A (1) a person shall not drive or operate a public service vehicle that is fitted with tinted windows or tinted windscreen.
(iii) (2) For the purposes of this rule, “tinted” means shaded, coloured or treated in a similar manner so that the persons or objects inside are not ordinarily seen clearly from outside.”
3. Section 119 of the Traffic Act provides that the Minister may make Rules prescribing certain matters therein set out and for avoidance of doubt, they are;
“(1) The Minister may make Rules prescribing-
(a) anything required by this Act to be prescribed;
(b) the forms to be used for any purposes of this Act;
(c) the weight of goods and passengers, the number of passengers which vehicles may carry, the method by which seating capacity is to be determined and the gross weight of vehicles;
(d) the weight and size of vehicles which may be permitted on any class of road and the manner in which, if at all, vehicles whose weight or size is in excess of the prescribed maximum weight or size may be allowed to use any road;
(e) the construction of, equipment to be carried by, any class of vehicle, and in particular the type of tyres, lights and warning instruments to be carried by any class of vehicle, and any restriction in the carrying or use of lights and warning instruments;
(f) the carrying on any class of vehicle of any special identification plates, and the fees to be charged for such plates;
(g) all matters relating to the inspection, registration, licensing, regulation and control of vehicles and to the conditions which may be imposed in regard thereto;
(h) the regulation of the conduct of drivers and conductors of public service vehicles, and the wearing by them of special badges and uniforms, and the fees to be paid for any badges provided by an authority.
(i) conditions of service and hours of work for persons employed by owners of public service and commercial vehicles;
(j) the regulation of the carriage of luggage and goods on public service vehicles;
(k) the rules of the road, and the signals to be given and obeyed by the drivers of vehicles;
(l) the procedure to be adopted and the conditions to be observed in connection with the issue of documents necessary for international travel, and the use of such documents in Kenya;
(m) the conditions on which motor vehicles licensed outside Kenya may be used within Kenya and on which persons holding driving licences or permits issued outside Kenya may be allowed to drive within Kenya;
(n) measures for controlling or prohibiting the movement of which vehicles of any specified class or description between the hours of 6.45 p.m. and 6.15 a.m.;
(o) measures for controlling or prohibiting the use of vehicles of any specified class or description on any sea beach or foreshore or other place to which the public have access;
(p) measures for generally restricting or regulating the use of vehicles in such manner as the circumstances and safety on the roads may appear to him to require, and for the further, better or more convenient carrying out of any provisions of this Act;
(q) the penalties which may be imposed for the breach of such rules not exceeding-
(i) in the case of a first conviction, a fine not exceeding ten thousand shillings or imprisonment for a term not exceeding six months or both;
(ii) in the case of a second or subsequent conviction, a fine not exceeding twenty thousand shillings or imprisonment for a term not exceeding one year or both.
(2) …”


If I get you right, this tint thing only applies to public service vehicle? Correct? or am I not getting something right?

I quote
(ii) 54A (1) a person shall not drive or operate "a public service vehicle" that is fitted with tinted windows or tinted windscreen.
ZZE123
#14 Posted : Monday, December 10, 2012 11:01:34 AM
Rank: Elder

Joined: 6/21/2008
Posts: 2,490
quicksand wrote:
Yeap. Plus this visible business is ambiguous. Visible from where, the windshield, sides, back or everywhere? How visible because even with tint in daylight you can see clear people outlines or do they want to be able to tell the colour of your shirt buttons?
Are ambulances in violation too? How about those security vans for G4S? Not being able to produce a DL is criminal??? So say you are travelling as two, you were not expecting to be driving so naturally you leave your DL in the house ..the other guy feels dizzy and is incapacitated ..you take over voila and you are already committing an offence. Isnt the AG supposed to advise parliament and smooth out anomalies in bills? How was such a rotten element of the bill allowed to remain?

I thought one has 48hours to produce the DL??
The man who marries a beautiful woman, and the farmer who grows corn by the roadside have the same problem
quicksand
#15 Posted : Monday, December 10, 2012 11:36:32 AM
Rank: Veteran

Joined: 7/5/2010
Posts: 2,061
Location: Nairobi
ZZE123 wrote:
quicksand wrote:
Yeap. Plus this visible business is ambiguous. Visible from where, the windshield, sides, back or everywhere? How visible because even with tint in daylight you can see clear people outlines or do they want to be able to tell the colour of your shirt buttons?
Are ambulances in violation too? How about those security vans for G4S? Not being able to produce a DL is criminal??? So say you are travelling as two, you were not expecting to be driving so naturally you leave your DL in the house ..the other guy feels dizzy and is incapacitated ..you take over voila and you are already committing an offence. Isnt the AG supposed to advise parliament and smooth out anomalies in bills? How was such a rotten element of the bill allowed to remain?

I thought one has 48hours to produce the DL??


No sir. If there ever was such a provision, it has been annihilated. The section reads thus

Quote:

36.
(1) Any person driving a motor vehicle on a road shall carry his driving licence or provisional licence, and on being so required by a police officer, produce it for examination. (
2) For the purposes of this section, “driving licence or provisional licence” includes such other evidence as will satisfy the police that there is no contravention of section 30.(
3) Any person who contravenes or fails to comply with this section shall be guilty of an offence and liable to a fine not exceeding one hundred shillings.

Lucky for us the fine is 100/-,...but then again it is not clear whether the offence cascades to Section 30, cause of not being able to produce a licence, it can be argued you are not qualified to drive at all. The fines in that section are tougher. Its all very murky. I guess we'll see how it plays out
maka
#16 Posted : Monday, December 10, 2012 1:07:05 PM
Rank: Elder

Joined: 4/22/2010
Posts: 11,522
Location: Nairobi
alustaadh wrote:
A friend of mine parted with a 30k fine for having tint on his car window.....the other took to his heels after being apprehended for obstruction...his vehicle was towed to Nairobi area.

...Tint depends on shade. DL under new amendments you MUST carry
possunt quia posse videntur
bwenyenye
#17 Posted : Monday, December 10, 2012 2:59:42 PM
Rank: Elder

Joined: 5/24/2007
Posts: 1,805
quicksand wrote:
ZZE123 wrote:
quicksand wrote:
Yeap. Plus this visible business is ambiguous. Visible from where, the windshield, sides, back or everywhere? How visible because even with tint in daylight you can see clear people outlines or do they want to be able to tell the colour of your shirt buttons?
Are ambulances in violation too? How about those security vans for G4S? Not being able to produce a DL is criminal??? So say you are travelling as two, you were not expecting to be driving so naturally you leave your DL in the house ..the other guy feels dizzy and is incapacitated ..you take over voila and you are already committing an offence. Isnt the AG supposed to advise parliament and smooth out anomalies in bills? How was such a rotten element of the bill allowed to remain?

I thought one has 48hours to produce the DL??


No sir. If there ever was such a provision, it has been annihilated. The section reads thus

Quote:

36.
(1) Any person driving a motor vehicle on a road shall carry his driving licence or provisional licence, and on being so required by a police officer, produce it for examination. (
2) For the purposes of this section, “driving licence or provisional licence” includes such other evidence as will satisfy the police that there is no contravention of section 30.(
3) Any person who contravenes or fails to comply with this section shall be guilty of an offence and liable to a fine not exceeding one hundred shillings.

Lucky for us the fine is 100/-,...but then again it is not clear whether the offence cascades to Section 30, cause of not being able to produce a licence, it can be argued you are not qualified to drive at all. The fines in that section are tougher. Its all very murky. I guess we'll see how it plays out


Not quite. If you are charged for this, you just produce a valid driving licence to the magistrate and voila!!! the case is as gone as yesterdays dinner!
I Think Therefore I Am
nakujua
#18 Posted : Monday, December 10, 2012 3:07:40 PM
Rank: Elder

Joined: 12/17/2009
Posts: 3,583
Location: Kenya
bwenyenye wrote:
quicksand wrote:
ZZE123 wrote:
quicksand wrote:
Yeap. Plus this visible business is ambiguous. Visible from where, the windshield, sides, back or everywhere? How visible because even with tint in daylight you can see clear people outlines or do they want to be able to tell the colour of your shirt buttons?
Are ambulances in violation too? How about those security vans for G4S? Not being able to produce a DL is criminal??? So say you are travelling as two, you were not expecting to be driving so naturally you leave your DL in the house ..the other guy feels dizzy and is incapacitated ..you take over voila and you are already committing an offence. Isnt the AG supposed to advise parliament and smooth out anomalies in bills? How was such a rotten element of the bill allowed to remain?

I thought one has 48hours to produce the DL??


No sir. If there ever was such a provision, it has been annihilated. The section reads thus

Quote:

36.
(1) Any person driving a motor vehicle on a road shall carry his driving licence or provisional licence, and on being so required by a police officer, produce it for examination. (
2) For the purposes of this section, “driving licence or provisional licence” includes such other evidence as will satisfy the police that there is no contravention of section 30.(
3) Any person who contravenes or fails to comply with this section shall be guilty of an offence and liable to a fine not exceeding one hundred shillings.

Lucky for us the fine is 100/-,...but then again it is not clear whether the offence cascades to Section 30, cause of not being able to produce a licence, it can be argued you are not qualified to drive at all. The fines in that section are tougher. Its all very murky. I guess we'll see how it plays out


Not quite. If you are charged for this, you just produce a valid driving licence to the magistrate and voila!!! the case is as gone as yesterdays dinner!

the trick is have someone deliver the dl, before your case is mentioned, but you still have to convince the magistrate that the circumstances that led to you not having your dl were unavoidable - but that's the easier part.
rock
#19 Posted : Monday, December 10, 2012 5:11:26 PM
Rank: Veteran

Joined: 2/25/2009
Posts: 973
nakujua wrote:
bwenyenye wrote:
quicksand wrote:
ZZE123 wrote:
quicksand wrote:
Yeap. Plus this visible business is ambiguous. Visible from where, the windshield, sides, back or everywhere? How visible because even with tint in daylight you can see clear people outlines or do they want to be able to tell the colour of your shirt buttons?
Are ambulances in violation too? How about those security vans for G4S? Not being able to produce a DL is criminal??? So say you are travelling as two, you were not expecting to be driving so naturally you leave your DL in the house ..the other guy feels dizzy and is incapacitated ..you take over voila and you are already committing an offence. Isnt the AG supposed to advise parliament and smooth out anomalies in bills? How was such a rotten element of the bill allowed to remain?

I thought one has 48hours to produce the DL??


No sir. If there ever was such a provision, it has been annihilated. The section reads thus

Quote:

36.
(1) Any person driving a motor vehicle on a road shall carry his driving licence or provisional licence, and on being so required by a police officer, produce it for examination. (
2) For the purposes of this section, “driving licence or provisional licence” includes such other evidence as will satisfy the police that there is no contravention of section 30.(
3) Any person who contravenes or fails to comply with this section shall be guilty of an offence and liable to a fine not exceeding one hundred shillings.

Lucky for us the fine is 100/-,...but then again it is not clear whether the offence cascades to Section 30, cause of not being able to produce a licence, it can be argued you are not qualified to drive at all. The fines in that section are tougher. Its all very murky. I guess we'll see how it plays out


Not quite. If you are charged for this, you just produce a valid driving licence to the magistrate and voila!!! the case is as gone as yesterdays dinner!

the trick is have someone deliver the dl, before your case is mentioned, but you still have to convince the magistrate that the circumstances that led to you not having your dl were unavoidable - but that's the easier part.

Even when the 48hr rule applied you could still be charged with failure to carry..similar to failure to display insurance sticker.
alustaadh
#20 Posted : Tuesday, December 11, 2012 6:23:18 AM
Rank: Member

Joined: 11/6/2010
Posts: 222
Location: NAMANGA
Not quite. If you are charged for this, you just produce a valid driving licence to the magistrate and voila!!! the case is as gone as yesterdays dinner!

the first time you appear before the court, you are only allowed to 'enter into a plea" of either 'guilty' or 'not guilty. If you plead guilty, you are fined or jailed on the spot. if you plead 'not guilty', you are remanded in custody with or without the option of cash bail.....you will only get to produce your license during the hearing.....some two to six months latter.....
It is humiliating to be associated with thieves and murderers.
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