legal notice no. (driving school and driving... · (a) any article contributed by him to a...

34
LEGAL NOTICE NO. ……………………………… THE TRAFFIC ACT (Cap. 403) IN EXERCISE of the powers conferred by section 119 (1) (ga) of the Traffic Act, the Cabinet Secretary for Transport Infrastructure Housing and Urban Development makes the following Rules THE TRAFFIC (DRIVING SCHOOLS AND DRIVING INSTRUCTORS) RULES, 2018 PART I-PRELIMINARY Citation. 1. These Rules may be cited as the Traffic (Driving School and Driving Instructors) Rules, 2017. Interpretation. No 33 of 2012. No 33 of 2012. 2. In these Rules, unless the context otherwise requires− “appropriate fee” means the fee specified in regard to that matter in the Second Schedule; “appeals board” means the Transport Licensing Appeals Board established under section 39 of the National Transport and Safety Authority Act; “authority” means the National Transport and Safety Authority established under section 3 of the National Transport and Safety Authority Act; “cabinet secretary” means the Cabinet Secretary for the time being responsible for matters relating to Transport; certificate of competence” means a certificate issued by the test examiner to the effect that the person named therein has successfully undertaken a driving test; “driving instructor” means a holder of a valid instructor’s licence; “driving school” means an establishment set up or maintained under the authority of a valid school licence for the purpose of offering, for a fee, instruction on the driving of motor vehicles; “driving test” means a test conducted by an examiner to test the

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Page 1: LEGAL NOTICE NO. (Driving School and Driving... · (a) any article contributed by him to a newspaper or other periodical publication; or (b) any advertisement made by or on behalf

LEGAL NOTICE NO. ………………………………

THE TRAFFIC ACT

(Cap. 403)

IN EXERCISE of the powers conferred by section 119 (1) (ga) of the Traffic Act, the

Cabinet Secretary for Transport Infrastructure Housing and Urban Development makes the

following Rules –

THE TRAFFIC (DRIVING SCHOOLS AND DRIVING INSTRUCTORS) RULES,

2018

PART I-PRELIMINARY

Citation.

1. These Rules may be cited as the Traffic (Driving School and Driving

Instructors) Rules, 2017.

Interpretation.

No 33 of 2012.

No 33 of 2012.

2. In these Rules, unless the context otherwise requires−

“appropriate fee” means the fee specified in regard to that matter in

the Second Schedule;

“appeals board” means the Transport Licensing Appeals Board

established under section 39 of the National Transport and Safety Authority

Act;

“authority” means the National Transport and Safety Authority

established under section 3 of the National Transport and Safety Authority

Act;

“cabinet secretary” means the Cabinet Secretary for the time being

responsible for matters relating to Transport;

“certificate of competence” means a certificate issued by the test

examiner to the effect that the person named therein has successfully

undertaken a driving test;

“driving instructor” means a holder of a valid instructor’s licence;

“driving school” means an establishment set up or maintained under

the authority of a valid school licence for the purpose of offering, for a fee,

instruction on the driving of motor vehicles;

“driving test” means a test conducted by an examiner to test the

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competence of the person tested

“inspector” means the person designated as such by the Authority;

“instructor license” means a license issued under Rule 14 authorizing

the holder, for gain or reward, to engage, or hold himself out as being willing

to engage in the teaching of the theory and practice of driving motor

vehicles;

“licensing officer” means the person appointed as such by the

Authority to issue driving licences;

“medical certificate” means a certificate signed by a medical

practitioner registered by the Kenya Medical Practitioners’ and Dentists’

Board and accredited by the Directorate of Occupational Safety and Health

Services;

“proprietor” means the owner of a driving school;

“pupil” means a person who is under instruction in the theory or

practice of driving a motor vehicle by a driving instructor or driving school;

“school licence” means a licence issued under rule 4 authorizing the

holder to set up or maintain an establishment for the purpose of offering, for

a fee, instruction on the driving of motor vehicles;

“vehicle inspection report” means a report made by a person

authorized by the Authority stating that following an examination, the

person is satisfied that the vehicle specified in the report is suitable in all

respects for use in the teaching of the practice of driving motor vehicle of

the class concerned.

Application. 3. These rules apply to driving schools, driving instructors and to the

issuance of driving licenses in Kenya.

PART II -DRIVING SCHOOLS

Licensing of

driving schools.

(a) (1) A person shall not set up or maintain an establishment, or use

any premises for teaching, for gain or reward, the theory and

practice of driving motor vehicles by the use of motor vehicles

which belong to or are hired by or on behalf of such person or

establishment without a valid driving school licence.

(2) An application for a driving school licence shall be made to the

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Authority in the form prescribed in the First Schedule and accompanied by−

(b) the fee set out in the Second schedule;

(c) an original and copy of the certificate of registration of the

applicant;

(d) a title, lease or rental agreement of premises from which the

driving school intends to operate from;

(e) evidence of availability of manoeuvring yard for use by the driving

school for training of learners who have not obtained a learner’s

permit.

(f) a list of driving instructors including copies of their driving

instructor licences;

(g) a list of the equipment and facilities available at the proposed

school to be used for instruction the of learners;

(h) a list of vehicles to be used by the school for instruction together

with a vehicle inspection report dated not earlier than one month

prior to the date of the application, of every motor vehicle;

(i) a current comprehensive insurance cover for all the vehicles with

a driver training school endorsement; and

(j) such other information as may be necessary for the consideration

of the application and as determined by the Authority.

Validity of driving

school licence.

4. A driving school licence shall be valid for one year from the date of

issue and may be renewed.

Power of

Authority.

5. (1) Upon considering an application for a driving school licence, the

Authority may−

(a) reject the application; or

(b) issue a driving school licence with or without special conditions

and ensure that any special conditions attached to the approval

are duly endorsed on the licence.

Inspection of

premises.

6. (1) In considering an application for a driving school licence for a new

or existing driving school, the Authority shall designate an inspector to carry

out inspections of the premises referred to in the application as the intended

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location of the proposed school to ascertain whether the premises are suitable

and adequately equipped for the purposes of the proposed school.

(2) In determining the suitability of a proposed school under

paragraph (1), the Authority shall consider the availability of−

(a) a reception area and waiting area;

(b) a theory class room with a minimum seating capacity of eight

students of which each has a space of at least two metres square;

(c) toilets for both men and women;

(d) at least one model town board per theory room in the design

approved by the Authority;

(e) displayed road sign posters in the design approved by the

Authority;

Administration and

staffing.

8. (1) A driving school shall have a school manager who shall−

(a) ensure the preparation of all teaching materials according to

the curriculum;

(b) oversee the preparation and conducting of all internal exams;

and

(c) perform all record keeping and reporting obligations of the

school.

(2) A driving school shall have a minimum of two instructors.

Restriction on use

of driving school

license.

9. (1) A driving school licence−

(a) shall exclusively authorize the use of the premises named therein

as a driving school; and

(b) is not transferable.

(2) A driving school branch licence may be issued by the Authority in

accordance with the requirements provided in these Rules.

(3) Training premises at a location other than the primary site listed in

the driving school license application shall be licensed separately as a

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branch.

Documents to be

displayed.

10. A driving school shall prominently display in its training premises−

(a) the driving school licence issued by the Authority;

(b) copies of the driving instructor licences of all instructors

employed by the school; and

(c) the regular office hours.

Records.

11. (1) A driving school shall keep and maintain records and reports of

the business activities of the driving school in hard or electronic format in a

secure location for a period of at least three years.

(2) The records kept under paragraph (1) shall include−

(a) names and copies of the instructor license of all instructors

employed;

(b) driving school vehicles insurance and inspection records;

(c) attendance register of all pupils; and

(d) record of all internal test examinations conducted.

(3) The school shall make these records available to the Authority upon

request.

(4) A driving school shall by 31st January of every year, submit to the

authority either in electronic or written form, an annual report for the

immediately preceding calendar year in a format that the Authority shall

prescribe.

(5) A driving school shall immediately notify the Authority in writing of

any vehicular accident involving a training vehicle resulting in a fatality.

Driving school

inspectors.

12. (1) The Authority shall appoint such number of driving school

inspectors as it may consider necessary for the proper administration of these

Rules.

(2) An Inspector may−

(a) enter the premises of a driving school during the regular

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hours of business of the school to−

(i) examine books, records, vehicles or other

equipment used by or pertaining to the school; or

(ii) ascertain the standard of instruction given by the

school; and

(b) accompany a driving instructor engaged in giving

instruction to a pupil, on behalf of a driving school, to

examine and report on the standard of instructions given by

the instructor.

(3) During an inspection, the proprietor, manager or person in charge

of the school shall cooperate with the Inspector and shall on request, produce

student records, instructional material and any other items necessary to

complete the inspection.

Suspension,

revocation or

variation of a

driving school

license.

13. (1) The Authority may suspend , revoke or vary any of the terms or

conditions a driving school licence if it is satisfied that−

(a) the instructions given at the school does not adhere to or are not

based on the approved curriculum issued by the Authority;

(b) a motor vehicle being used for any of the purposes of the licence

is not suitable for that purpose;

(c) the school employs, hires or allows a person not licensed by the

Authority as instructors to give driving training and instruction to

the pupils;

(d) the proprietor, manager or person in charge of the school has

within any period of three years been twice convicted of offences

under these Rules; or

(e) the school contravenes any provisions in these Rules.

(2) In exercising any of the powers conferred under paragraph (1), the

Authority shall−

(a) give reasons for the action;

(b) give the proprietor, manager or person in charge of the school an

opportunity to make representations concerning the proposed

exercise; and

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(c) hear and consider any such representations.

PART III - DRIVING INSTRUCTORS

Licensing of

driving instructors.

14.(1) A person shall not, for gain or reward, teach the theory or

practice of driving a motor vehicle unless that person has a valid instructor’s

licence issued by the Authority:

Provided that, this regulation shall not apply to any person solely by

reason of−

(a) any article contributed by him to a newspaper or other periodical

publication; or

(b) any advertisement made by or on behalf of the proprietor of the

driving school.

(2) A person may apply for an instructor’s licence if that person meets

the minimum conditions for the relevant class of vehicles.

(3) An application for an instructor’s licence shall be made to the

Authority and shall be accompanied by−

(a) the fees prescribed in the Second Schedule;

(b) Application form prescribed in the Sixth Schedule.

(c) a copy of the applicant’s identification card or any other legal

identification document;

(d) a valid certificate of good conduct for the applicant;

(e) the original and copy of a valid driving licence; and

(f) a duly completed medical certificate in the format prescribed by

the Authority.

(4) After consideration of an application for an instructor’s licence, the

Authority may-

(a) reject the application; or

(b) issue an instructor’s licence with or without special conditions.

Validity of

Instructors’ licence.

15. An instructor’s licence shall be valid for a period of one year from

the date of issue or renewal.

Approved driver 16. Upon approval of the application for an instructor’s licence, the

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instructor register.

Authority shall−

(a) allot an identifying number to the successful applicant; and

(b) enter the applicants details in the licensed driving instructor

register which shall contain−

(i) the holders full name;

(ii) the class in which the person is licensed to instruct;

(iii)the identifying number;

(iv) the validity period; and

(v) the details of any suspension, revocation or variation of

terms and conditions of instructor license.

Requirement to

carry instructor

license.

17.(1) A driving instructor shall carry their instructor licence at all times

when instructing a pupil and shall produce it for examination when requested

by an authorized officer of the Authority or a police officer.

(2) A driving instructor shall not instruct a pupil on any class of vehicle

which the instructor is not authorized under his instructor’s certificate to give

instruction.

Suspension,

revocation or

variation of an

instructor license.

18.(1)The Authority may suspend, revoke, refuse to issue or renew an

instructor’s licence or vary the terms and conditions of an instructor’s licence

if−

(a) the instruction given by the instructor does not adhere to or is not

based on the curriculum approved by the Authority;

(b) the instructor is for any reason incapable of giving proper

instruction in the theory or practice of driving motor vehicles or

of any particular class of motor vehicle;

(c) the instructor engages in fraudulent or corrupt practices in

securing a licence to drive a motor vehicle;

(d) at any time during the validity of the licence, the instructor is

convicted on more than two occasions of an offence under these

Rules or for any reason ceases to hold a driving licence;

(e) at any time during the giving of driving instruction, the instructor

is found to have consumed any intoxicating liquor;

(f) any of the terms and conditions of the licence have not been

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complied with; or

(g) the holder of the licence contravenes any provision of these

Rules.

(2) In exercising any of the powers under paragraph (1), the Authority

shall give reasonable opportunity to the licence holder to make

representations concerning the proposed exercise and shall then hear and

consider any such representations.

(3) Where the Authority suspends, revokes or varies an instructor’s

licence under this rule, the Authority shall record the details in the licensed

driver’s instructor’s register.

PART IV - DRIVING INSTRUCTION

Curriculum and

facilities.

19.(1) The Authority shall develop the curriculum for training and

testing of drivers and instructors and all driving instruction shall be in

accordance with the approved curriculum.

Driving school

vehicles.

20.(1) A person shall not use a vehicle as a driving school vehicle

unless−

(a) the vehicle is in a class in respect of which the driving school

concerned is authorized by the school licence to give instruction;

(b) at the time of use, its registration details are entered on the

driving school licence;

(c) it is in good mechanical condition or not roadworthy in all

respects;

(d) the proprietor holds-

(i) a vehicle inspection report in respect of that vehicle dated not

more than one year prior to the date of such use; or

(ii) a current comprehensive policy of insurance covering such

vehicle as a driving school vehicle.

(2) A person shall not use a motor vehicle, other than a motor cycle or

invalid carriage, as a driving school vehicle unless−

(a) it is equipped with−

(i) a minimum dual control facility of brake and clutch for

manual transmission or dual brake facility for automatic

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transmission;

(ii) two reflecting mirrors so constructed and fitted as to enable

both the pupil and the instructor at all times to be or become

aware of the presence to the rear of any other vehicle;

(iii)flashing directions indicators in full operating condition;

(iv) three point safety belts on four places, two at the front and

two at the rear; and

(v) head restraints in four places, two at the front and two at the

rear;

(vi) a fire extinguisher of at least one kilogram in weight and a

first aid kit;

(b) it exhibits the name and address of the driving school; and

(c) it is marked in such a manner as to be clearly visible by a person

at the front and at the rear of the vehicle with the words-

“CAUTION-DRIVER UNDER INSTRUCTION”;

(3) In this rule “use” means used by a driving school for the purpose of

giving instruction to a pupil in the practice of driving a motor vehicle and a

motor vehicle shall be deemed to be so used at any time when a pupil of the

driving school is present in the driver’s seat of the vehicle.

Unauthorized

instructor.

21.(1) A proprietor or manager or a person in charge of a driving

school shall not permit an unlicensed driving instructor to give instruction to

a pupil on the class of vehicles concerned.

(2) A proprietor, manager or person in charge of the school who

contravenes paragraph (1) commits an offence.

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Instruction of a

pupil.

22.(1) Where a pupil is being instructed in the practice of driving a

motor vehicle−

(a) if the pupil so desires, not more than one passenger may be

carried in the motor vehicle; and

(b) a passenger may not be carried in a motor vehicle of any other

class of vehicle not designed for carrying passengers.

(2) A pupil shall be instructed in the practice of driving a motor vehicle

for the period provided in the approved curriculum and on a combination of

both theory and practice.

(3) In this rule, “passenger” means any person, other than the driving

instructor and the pupil under instruction, at the wheel of the vehicle but does

not include an inspector travelling in the vehicle in the course of his duties.

PART V – DRIVING LICENSES AND DRIVING TESTS

Categories of

driving licenses.

23. A driving licence shall be classified into the categories set out in

the Third Schedule.

Validity of licence. 24.(1) A driving licence shall be renewed after every three years upon

payment of the fees set out in the Second Schedule:

(2) An application for a driver must be accompanied by a duly filled

medical form set out in the Fifth Schedule.

Power to suspend

or revoke a driving

licence or order a

re-test.

25.(1) The Authority may, on the application of a police officer of or

above the rank of superintendent or on its own volition−

(a) suspend the driving license of a driver of a public or commercial

service vehicle for a minimum period of six months for a first

offender who is convicted for being intoxicated while driving the

public or commercial vehicle;

(b) revoke the driving license of a driver of a public or commercial

service vehicle for a second offender whose licence was

previously suspended under this rule within a period of two years;

or

(c) order a retest, in the case of a holder of a driving licence who in

the opinion of the officer is driving recklessly or carelessly or

whose driving competence is in doubt and if the licence holder

fails the driving test, revoke the licence.

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(2) The licence of a person who has been ordered to undertake a fresh

driving test shall stand suspended until the person successful completes the

driving test.

(3) It shall be an offence for a person to drive a motor vehicle during

the period the license is suspended.

Application for

driving test.

26.(1) A driving school shall apply for a driving test on behalf of a

pupil−

(a) after conducting an internal driving test on the student

and the student is successful in the test; and

(b) in the form set out in the Fourth Schedule and

accompanied by the fees set out in the Second

Schedule.

(2) The application shall be accompanied by−

(a) a declaration by the driving school and the pupil in the

form set out in the Fifth Schedule; and

(b) duly filled medical certificate in the form set out in the

Fifth Schedule.

(3) For purposes of the driving test, the driving school shall

provide a vehicle that is in roadworthy condition and of the class named in

the test application form.

Driving test

examination.

27.(1) The Authority shall conduct a driving test that shall at the

minimum consist of−

(a) a practical driving examination conducted over a minimum

distance of five kilometers;

(b) a theoretical driving test; and

(c) knowledge of the Highway Code and traffic signs.

(2)A driving test examiner shall keep and maintain a driving test register

containing−

(a) the name and address of each applicant for a driving test;

(b) the serial number of the test application form;

(c) the date on which such test was given;

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(d) the result of such test; and

(e) if the applicant was issued with a certificate of competence, the

number of the certificate and class of vehicles to which it related.

(3) A person who has passed a driving test to drive a motor vehicle of a

particular class shall not by virtue thereof be considered to have passed a

driving test to drive a motor vehicle of any other class or classes unless that

person has passed a test to drive a motor vehicle of that other class.

(4) A person who has passed a driving test shall be required to display

the “L” sign for a period of one year from the date of issue of the driving

licence.

(5) A person who contravenes paragraph (4) commits an offence.

PART VI – GENERAL

General Penalty 28. A person who contravenes any provisions of these Rules commits

an offence and is liable on conviction to a exceeding Kenya shillings 20,000

or imprisonment not exceeding 6 months or both in addition to any

administrative action the Authority is empowered to take.

Misrepresentation

and alteration of

licence.

29.(1) A person who−

(a) makes a statement in an application or record issued or made

for any purposes under these Rules, which to his knowledge is

false or in any respect misleading, or which that person does

not believe to be true; or

(b) makes a material alteration in a licence or record issued or

kept under these Rules,

commits an offence.

(2) A person convicted of an offence under this rule, in respect of an

application made by him for a licence, shall not be eligible to hold any licence

under these rules for a period of two years after the date of such conviction.

Appeal. 30. A person who is aggrieved by a decision of the Authority under

these Rules may, within thirty days of receipt of the notification of such

decision, appeal to the Appeals Board.

Transitional

provisions.

31.(1) A person who before the commencement of these Rules held a

valid driving school licence, an instructor licence or a driving examiner’s

licence shall within a period of six months following the commencement of

these Rules or otherwise upon the expiry of the licence whichever is earlier

applying for a new licence.

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(2) A person who has applied for a new licence under these Rules may

continue to operate under the terms of the licence they are holding until the

application for a licence under these Rules has been determined.

(3) A person who fails to apply for a new licence under these Rules

within the prescribed period shall cease to operate the licensed activity upon

the expiry of the licence or after a period of six months following the

commencement of these Rules whichever is earlier.

(4) A person who held the position of inspector or examiner under the

previous Rules shall cease to hold that position upon the expiry of a period of

ninety days following the commencement of the Rules unless the person is

appointed to the same position by the Authority.

Revocation of L.N.

No 232of 1971.

32. The Traffic (Driving Schools) Rules, 1971 are hereby revoked.

Made on the ......................................................................................................................, 2018

JAMES MACHARIA Cabinet Secretary for Transport, Infrastructure, Housing and Urban Development.

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FIRST SCHEDULE

Driving School Application/ Renewal From. Rule 4

DRIVING SCHOOL APPLICATION/ RENEWAL FROM

A. DRIVING SCHOOL LICENSE CATERGORY. Tick one. Class A – All categories of vehicles. Class B – Motor Cars not exceeding 3,500 kgs and motorcycles. Class C – Motorcycles.

B. DETAILS OF SCHOOL. Check One: Proprietor Partnership Company Name Physical Address of School E-mail Address: Cell Phone #: Physical location of maneuvering yard List Proprietor, Partners or all Officers, Directors, and Shareholders below: NAME ADDRESS TITLE DOB List below all licensed instructors employed by the applicant: NAME ADDRESS DOB LICENSE NUMBER List all other employees including School Manager, Agents Clerks,, or others who will represent the applicant below: NAME POSITION QUALIFICATIONS

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List all vehicles used by the applicant for instruction purposes below: YEAR MAKE REGISTRATION : List all equipment and facilities available at proposed school

REQUIRED DOCUMENTATION: Tick if provided.

an original and copy of the certificate of registration of the applicant; Current Business Certificate (issued by local county) a title, lease or rental agreement of premises from which the driving school intends to

operate from; evidence of a manoeuvring yard; a list of driving instructors including copies of their driving instructor licences vehicle inspection report dated not earlier than one month prior to the date of the

application, for every motor vehicle listed to be used in school. Copy of Curriculum (to be returned to applicant).

current comprehensive insurance cover for all the vehicles with a driver training school

endorsement; and

I agree to ensure that the licensed driving school will comply with all provisions of all Regulations, policies, and guidelines established by the Authority for the operation of driving

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schools and the employment of driving instructors.

I, the undersigned, hereby certify that I am _____________________________ (Title) of the above driving school and that the information contained in this application is true to the best of my knowledge and belief. Applicant Name: Signature of Applicant:

(Proprietor, Partner or Officer) Date:

False statements are punishable by fine, imprisonment, or both (Regulation 30)

(FOR OFFICE USE ONLY)

SITE INSPECTION REPORT: ____________________________________________________________DATE INSPECTED-

APPROVED:__________ DECLINED

COMMENTS

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18

SECOND SCHEDULE

FEES FOR APPLICATION OF DRIVING SCHOOL AND DRIVING INSTRUCTOR

LICENSE

Driving school

license category

Vehicles in licence category Application and renewal fees

(Kshs.)

A

Heavy Commercial Vehicles 20,000

Vehicles used for the transportation of

hazardous materials

Commercial vehicles including trucks

and buses

Tractors

Motor Omnibus

Motor cars

Motor cycles

B Motor cars 15,000

Motor cycles.

C -Motor cycles.

5,000

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19

FEES FOR APPLICATION AND RENEWAL OF DRIVING LICENSE

Description of Application Amount of Fees

(Ksh)

Issue or renewal of instructor’s license( valid for 1

year)

2,000

Issue or renewal of driver license( valid for 3 years) 3,000

Replacement of a license 1,500

Application for driving test 2,500

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20

THIRD SCHEDULE

CATEGORIES OF DRIVING LICENCES

Licence

category

Vehicles in licence

category

Description of vehicle to operate

and restrictions

Minimum requirements

CATEGORY

A

Category A1 (Moped)

Enables one to ride a motorcycle to

and including 50 C.C.

No passengers allowed to be

carried.

No loads.

Minimum age 16 years.

No passenger

Category A2

( light motorcycle)

Enables one to ride a motorcycle

above 50 C.C.

Carry a maximum load 60 kg (for

up to 400 C.C)

Carry passenger.

Minimum age 18 years.

Category A3

(Motorcycle Taxi,

Couriers and three-

wheelers)

Enables one to ride a motorcycle

100 C.C. and above.

Carry a maximum load 100 kg (for

up to 50 C.C)

Carry passenger

Minimum age 21

1 year riding experience

of category A2

CATEGORY

B

Category B1

(Light Vehicle)

Enables one to drive a light vehicle

(passenger car) with a maximum

Gross Vehicle Weight (GVW) of

3500 kg with one light trailer (not

exceeding 750 kg)

Can drive a vehicle equipped with

both a manual or automatic

gearbox.

Minimum age 18 years.

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21

Category B2 Automatic

(Light Vehicle Automatic)

Can carry up to a maximum of 7

passengers.

Enables one to drive a Light vehicle

(passenger car) equipped with

automatic gear box with a

maximum Gross Vehicle Weight

(GVW) of m 3 500 kg with one

light trailer (not exceeding 750 kg).

Cannot drive a vehicle equipped

with a manual gearbox.

Can carry up to a maximum of 7

passengers.

Minimum age 18 years.

Category B3

(Professional)

Enables one to drive a light vehicle

(passenger car) with a Gross

Vehicle Weight (GVW) of

maximum 3,500 kg with one light

trailer (not exceeding 750 kg).

Equipped with manual or automatic

gear box.

Can carry up to a maximum of 7

passengers.

Minimum age 21 years.

CATEGORY

C

Category C1

(Light Truck)

Enables one to drive a light truck

with a Gross Vehicle Weight

(GVW) exceeding 3 500 kg and a

maximum 7500 kg with maximum

one light trailer ( not exceeding 750

kg) .

Minimum age 22 years.

Category C

(Medium Truck)

Enables one to drive a heavy truck

with a Gross Vehicle Weight

(GVW) exceeding 7 500 kg with

maximum one light trailer (not

exceeding 750 kg)

Minimum age 24 years.

Two year experience of

driving category C1.

Required to undergo

training and retesting for

category C.

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22

Category CE

(Heavy Truck with trailer)

Enables one to drive a heavy truck

with a Gross Vehicle Weight

(GVW) exceeding 7 500 kg with

heavy trailer or semitrailer.

Enables one to drive articulated

vehicles.

Minimum age 28 years.

Four years’ experience of

driving category C.

Required to undergo

training and retesting for

category CE.

Category CE (Heavy

Goods

Vehicle For

Transportation of

Hazardous Materials)

Enables one to drive a heavy truck

with a Gross Vehicle Weight

(GVW) exceeding 7 500 kg with

heavy trailer or semitrailer.

Enables one to drive articulated

vehicles.

Minimum age 30 years.

Two years’ experience

of driving category CE.

Required to undergo

training and retesting for

category CD

CATEGORY

D Category D1

(Van)

Enables one to drive a van with a

maximum of 14 passengers.

Minimum age 22years.

Category D2

(Mini Bus)

Enables one to drive a bus with 14

to 32 passengers.

Minimum age 25 years.

Minimum experience of

3 years driving category

D1.

Required to undergo

training and retesting for

category D2.

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23

Category D3

(Large Bus)

Enables one to drive a bus with 33

or more passengers.

Minimum age of 30

years.

Minimum experience of

3 years driving category

D2.

Required to undergo

training and retesting for

category D3.

CATEGOR

Y E

Special professional drivers’

license

─ Minimum age 21years

Completed 3 months

driving practice with any

vehicle classified under

categories C1, C, CE, D,

D1, D2,D3 and licensed

as EC1, EC, ECE, ED,

ED1, ED2 and ECD3

respectively.

Class ED2 Licenses

shall be endorsed for

classes D1 & D while

Class ECE Licenses

shall be endorsed for C

and C1.

CATEGORY

F Special Drivers’ License

For Persons With

Disability

─ Minimum age of 18

years.

Requirements is as per

the class the categories

of the abled drivers.

CATEGORY

G Industrial, Construction

and agricultural plants and

equipment)

─ ─

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24

FOURTH SCHEDULE

APPLICATION FORM FOR DRIVING TEST (r.26 (1))

APPLICATION FOR DRIVING LICENSE FORM

FOR OFFICIAL USE

Application Number

PART 1- CANDIDATE (To be completed by candidate)

A. CANDIDATES’S INFORMATION

Details of candidate

Title: Surname: Forename

Address: Post code Town

Date of birth: E-mail address

Mobile No

B. HEALTH INFORMATION.

Health Declaration - by the A pplicant

YES NO

1 Do you have any illness, injury or other medical condition that

may affect your ability to drive

2 Do you have any illness, injury or other medical condition that

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25

may affect your ability to drive

3 Have you ever had or been told by a health professional that you

have had any of following?

(a) Do you have reduced d i s t a n t vision in any eye

(b) Difficult to see in dim light (night blindness)

(c) Double vision

(d) Reduced neck movement

(e) Dizziness, problems with balance

(f) Dizziness, problems with balance

(g) Limited movement of arms and limbs

(h) Stroke

(i) Heart attack

(j) Diabetes

(k) Abnormal shortness of breath

(l) Seizures, fits , convulsions, epilepsy

(m) Snoring problems with restless sleep and day time

tiredness.

(n) Psychiatric illness or nervous disorder

(o) Sudden involuntary sleep attacks

4 Do you use any drugs or medications prescribed by a health

profession

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26

I declare that I have read all my answers I have given to the questions on this form about my personal details and that the answers

given by me about my personal and health details are complete, true and correct. I understand that it is a criminal offence to make

false declaration regarding my health to obtain a driving license and can lead to prosecution.

I understand that my medical records can be disclosure to any authorized party for the

purpose of providing or renewing a driving license.

C. DRIVING LICENCE.

Test category (please tick the type of vehicle you wish to be tested in)

A1 (Moped max 50 cc) A2 (Light motorcycle max 125 cc)

A3 (Heavy motorcycle exceeding 125 cc/ Motorcycle Taxi, Couriers and three-wheelers)

B (Light vehicle max gross weight 3500kgs)

B Professional (Light vehicle max gross weight 3500kgs)

C1 (light truck with gross weight exceeding 3500 kg and max 7500)

C (Heavy truck gross weight exceeding 7,500 kg) CE (Heavy truck with trailer)

CD (Heavy Goods Vehicle for Transportation of Hazardous Materials; Gross weight exceeding

7,500 kg)

D1 (Light bus maximum 14 passengers in addition to Driver)

D2 (Between 14-32 passengers)

D3 (33 passengers and above)

E (Special Professional Drivers’ License)

F (Special Drivers’ License for Persons with Disability

G (Construction, Industrial and agricultural vehicles)

D. TRAINING.

Have you completed Compulsory Basic Training? Yes No

What is the total number of theory classes attended? (Hours)

What is the total number of practical classes taken? (Hours)

(attach the Internal Test Results)

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27

E. 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 driver license granted to

me as a result of this application will 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 the information I have given on my fitness to drive, is to the best of my

knowledge, true and correct.

Applicants’ signature

Date

PART 2 ─ DRIVING SCHOOL (To be completed by driving school)

A. DRIVING SCHOOL INFORMATION

Name of Driving School:

Driving School License No: Address : Post code

Town Physical address: E-mail address

Tel No Mobile No

B. INSTRUCTION GIVEN.

Details of Driving Instructor

Name: Instructor License No:

Address : Post code Town

E-mail address Tel No

Mobile No

Has candidate passed internal driving test administered by the driving school? No Yes

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28

C. 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 Driving School license

granted will be absolutely suspended, varied or revoked by the Authority.

I understand that I may be prosecuted for giving or stating facts or misleading information or

documents.

I also declare that the information I have given on my fitness to drive, is to the best of my

knowledge, true and correct.

I further declare as follows:-

1. The Candidate has undertaken the minimum number and hours of both theory and practical

lessons as per the curriculum.

2. The instruction given is based on the curriculum approved by the Authority.

Signed on behalf of the Driving School

Name:-

Title:-

Stamp:- Date

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29

FIFTH SCHEDULE

MEDICAL FORM (r. 26(1)(c)(ii))

REPUBLIC OF KENYA

MEDICAL ASSESSMENT CERTIFICATE FOR DRIVERS/PROSPECTIVE DRIVERS

Name…………………………………………………………………………………………………

…… DATE…………………………………..

Sex Age………………………………………… License

class………………………………….

M F

SECTION A: VISUAL ASSESMENT

The applicant visual condition is Suitable Not suitable

Reasons (if not suitable)

………………………………………………………………………………………………………………………………

………………………………………………………………………………………………………………………………

………………………………………………………………………

Examined By………………………………………………………………………

Signature…………………………… Date………………

SECTION B: HEARING ASSESSMENT

The applicant visual condition is Suitable Not suitable

Reasons (if not suitable)

………………………………………………………………………………………………………………………………

………………………………………………………………………………………………………………………………

………………………………………………………………………

Examined By………………………………………………………………………

Signature…………………………… Date………………

SECTION C: GENERAL BODY ASSSESSMENT

The applicant general body condition is Suitable Not suitable

Reasons (if not suitable)

………………………………………………………………………………………………………………………………

………………………………………………………………………………………………………………………………

………………………………………………………………………

Examined By………………………………………………………………………

Signature…………………………… Date………………

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30

SECTION D: OVERALL REMARKS

Meets the relevant medical criteria - Fit to drive Does not meet the relevant medical criteria - Not fit to drive

Remarks…………………………………………………………………………………………………………………

………………………………………….

Medical Practitioners Name………………………………………………………………….

Signature…………………………… Date………………

Directorate of Occupational Safety and Health Services Number

…………………………………………………………..

Medical Practitioners & Dentist Board Registration Number…………………………………………………………..

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31

SIXTH SCHEDULE

APPLICATION FORM FOR DRIVING INSTRUCTOR LICENSE

APPLICATION FOR DRIVING INSTRUCTOR LICENSE FORM

FOR OFFICIAL USE

Application Number

PART 1- APPLICANT (To be completed by applicant)

A. CANDIDATES’S INFORMATION

Details of candidate

Title: Surname: Forename

Address: Post code Town

Date of birth: E-mail address

Mobile No

Driving License No: Date of issue

Driving Categories

B. CATEGORIES OF DRIVING INSTRUCTOR LICENSE

Test category (please tick the type of vehicle you wish to be licensed to instruct)

A1 (Moped max 50 cc) A2 (Light motorcycle max 125 cc)

A3 (Heavy motorcycle exceeding 125 cc/ Motorcycle Taxi, Couriers and three-wheelers)

B (Light vehicle max gross weight 3500kgs)

B Professional (Light vehicle max gross weight 3500kgs)

C1 (light truck with gross weight exceeding 3500 kg and max 7500)

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32

C (Heavy truck gross weight exceeding 7,500 kg) CE (Heavy truck with trailer)

CD (Heavy Goods Vehicle for Transportation of Hazardous Materials; Gross weight exceeding

7,500 kg)

D1 (Light bus maximum 14 passengers in addition to Driver)

D2 (Between 14-32 passengers)

D3 (33 passengers and above)

E (Special Professional Drivers’ License)

F (Special Drivers’ License for Persons with Disability

G (Construction, Industrial and agricultural vehicles)

C. HEALTH INFORMATION.

Health Declaration - by the A pplicant

YES NO

1 Do you have any illness, injury or other medical condition that

may affect your ability to drive

2 Do you have any illness, injury or other medical condition that

may affect your ability to drive

3 Have you ever had or been told by a health professional that you

have had any of following?

(a) Do you have reduced d i s t a n t vision in any eye

(b) Difficult to see in dim light (night blindness)

(c) Double vision

(d) Reduced neck movement

(e) Dizziness, problems with balance

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33

(f) Dizziness, problems with balance

(g) Limited movement of arms and limbs

(h) Stroke

(i) Heart attack

(j) Diabetes

(k) Abnormal shortness of breath

(l) Seizures, fits , convulsions, epilepsy

(m) Snoring problems with restless sleep and day time

tiredness.

(n) Psychiatric illness or nervous disorder

(o) Sudden involuntary sleep attacks

4 Do you use any drugs or medications prescribed by a health

profession

I declare that I have read all my answers I have given to the questions on this form about my personal details and that the answers

given by me about my personal and health details are complete, true and correct. I understand that it is a criminal offence to make

false declaration regarding my health to obtain a driving license and can lead to prosecution.

I understand that my medical records can be disclosure to any authorized party for the

purpose of providing or renewing a driving license.

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 license granted to me as

a result of this application will 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 the information I have given on my fitness to drive, is to the best of my

knowledge, true and correct.

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34

Applicants’ signature

Date

Made on the …………………….………………..……….……., 2017

JAMES MACHARIA,

Cabinet Secretary,

Ministry of Transport and Infrastructure.