NATIONAL CONFERENCE

Theme: Transforming Road Safety for a

Secure Transport Environment

2019

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Preface

The contribution of the transport sector to the development and sustenance of a

country’s national socio-economic status cannot be underscored. As such,

transportation services have a direct link to the level of output, employment and

income in any economy in the world. Kenya is well-endowed with natural

resources and a huge potential in agriculture, mining, industry, and tourism among

other economic activities. Unlocking this potential requires a raft of investment and

policy changes towards the establishment of a reliable and safe transport system.

Road transport system, which is the leading mode of transport in Kenya, is the

lifeblood of contemporary socio-economic activities. Its contribution to the

economy is manifold, including the movement of passengers and freight. However,

road safety remains a global challenge with statistics indicating a worrying trend

and prevailing road traffic anarchy. On a global scale, it is estimated that about

1.2 million people are killed annually on the roads and up to 50 million more are

injured. If the current trend persists, then the aggregate number of fatalities and

injuries is projected to rise by more than 60 percent by 2020. Incidentally, 90

percent of road traffic deaths occur in middle-income countries which claim less

than a half of the world registered vehicle fleet.

In Kenya alone, about 3,000 lives are lost annually on roads either due to

infrastructural challenges or disregard of traffic laws and regulations. This calls for

far-reaching reforms to complement the Safe System approach to establishing a

safe transport system.

As the body charged with the responsibility of ensuring safe, reliable and efficient

road transport services in Kenya, the National Transport and Safety Authority

(NTSA) has been undertaking a number of initiatives to progressively reduce road

fatalities and injuries in the country. Following engagement with different

stakeholders regarding various operational issues, the Authority found it necessary

to organize a National Transport Reforms Conference with a primary objective of

informing them of the anticipated changes in the road transport sector. The

conference is also purposed to obtain feedback from the stakeholders and ensure

smooth rollout of the intended best practices that will promote road safety and

ultimately boost Kenya’s competitiveness on the global economic arena.

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Table of Contents

Preface ............................................................................................... iii

Table of Contents ................................................................................ v

Executive Summary .......................................................................... vii

1. INTRODUCTION ............................................................................. 1

2. UN DECADE OF ACTION FOR ROAD SAFETY 2011-2020 ................. 2

3. PILLAR ONE – ROAD SAFETY MANAGEMENT ................................. 3

A. NATIONAL TRANSPORT AND SAFETY AUTHORITY ................................... 3

B. COUNTY TRANSPORT AND SAFETY COMMITTEES ................................... 5

C. NATIONAL ROAD SAFETY ACTION PLAN 2019 – 2023. .......................... 6

4. PILLAR TWO – SAFER ROADS AND MOBILITY. ............................... 7

5. PILLAR THREE – SAFER VEHICLES. ................................................... 9

D. MOTOR VEHICLE INSPECTION SERVICES ................................................. 9

E. STANDARD FOR SPEED LIMITERS ........................................................... 11

F. PASSENGER VEHICLE BODY CONSTRUCTION ....................................... 13

G. NEW GENERATION NUMBER PLATES .................................................... 15

6. PILLAR FOUR – SAFE ROAD USERS ............................................... 16

H. DRIVER TRAINING, TESTING AND LICENSING ....................................... 16

I. LEVERAGE ON DATA .............................................................................. 22

J. LEGISLATIVE AGENDA. ........................................................................... 23

7. PILLAR FIVE - POST CRASH RESPONSE ............................................ 33 8. CONCLUSION............................................................................... 28

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Executive Summary

This National Conference was conceptualized during a consultative meeting on

road safety challenges with an objective to initiate reforms that will help in the

realization of a remarkable reduction on road fatalities and injuries. In line with

constitutional requirements, public involvement is necessary to inform them of the

anticipated changes in the road transport sector, obtain feedback from the

stakeholders and ensure smooth rollout of the intended best practices that will

promote road safety, and ultimately boost Kenya’s competitiveness on the global

economic arena.

Kenya being a signatory to the UN Decade of Action has formulated a National

Road Safety Action Plan 2019-2023 to initiate major development projects with a

view to fast-tracking the realization of its road safety goals. These reform initiatives

are part of the programmes that the Country is committed to implement.

This document provides a brief analysis of the initiatives undertaken by the

Authority towards reforming the public transport sector.

INTRODUCTION Road transport accounts for about 93 percent of all cargo and passenger traffic in

Kenya. As such, it forms an integral part of the country’s service sector and

contributes significantly to employment creation, income-generation and improved

trade. While this is the case, the sector has had a fair share of its challenges, the

most prevalent being, safety of the road users. In the 2017/2018 Financial Year,

Kenya lost 2,957 people through road accidents while 8,321 were injured. Some

of the main causes of road crashes include; distracted driving, alcohol and drug-

impaired driving, fatigue, speeding beyond the posted limits, unrestrained vehicle

occupants, poor road infrastructure, road user negligence, and environmental and

vehicle factors.

In line with Authority’s vision of efficient, reliable and safe road transport system in

Kenya, NTSA has developed a Strategic Plan with a clear implementation

framework to guide its interventions.

To this end, motorization must proceed in tandem with various road safety

interventions and strategies. Indeed, a reduction in road casualties and fatalities

will ultimately decrease suffering, unlock socio-economic growth, and free

resources for more productive use as envisaged in Kenya’s Vision 2030.

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UN DECADE OF ACTION FOR

ROAD SAFETY 2011-2020

‘The Time for Action is NOW’

In March 2010, the United Nations General Assembly Resolution officially

proclaimed the UN Decade of Action for Road Safety 2011–2020 with a primary

goal of stabilizing and reducing road traffic fatalities around the world. This was to

be achieved by increasing programmes and activities at national, regional and

global levels based on the following five key pillars:

The five pillars for focus during the Decade of Action for Road Safety 2011–

2020.

Kenya as a signatory to this programme aims at realizing a 50 percent reduction

in road crash fatalities by 2030 by instituting the following reforms: -

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PILLAR ONE

ROAD SAFETY MANAGEMENT “Road Safety Management concerns the institutional framework needed to

implement road safety activities, and thereby sets the oversight of all other pillars”.

NATIONAL TRANSPORT AND SAFETY AUTHORITY

Road Safety management begins with sound institutional management of road

safety. In order to produce positive road safety outcomes, strong management in

all aspects of road safety is required. To this end, the Government of Kenya

enacted the National Transport and Safety Authority Act No 33 of 2012 creating

the National Transport and Safety Authority as the lead institutional agency in

road safety management.

Prior to the formation of the Authority road safety management was disjointed and

uncoordinated with different aspects of road safety being conducted by different

institutions as illustrated below: -

INSTITUTION

FUNCTION

1. Ministry of Transport Transport Policy formulation 2. Transport Licensing Board Transport licensing and

regulation. 3. National Road Safety Council Road safety 4. Traffic Police Vehicle safety inspection.

Enforcement of Traffic Act. 5. Road Transport Department – Kenya

Revenue Authority. Vehicle registration and driver licensing

The National Transport and Safety Authority (NTSA) is a State Corporation

established by an Act of Parliament. The Authority derives its mandate from the

NTSA Act No. 33 of 2012 to:

i) Advise and make recommendations on matters relating to road transport

and safety,

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ii) Implement policies relating to road transport and safety

iii) Plan, manage and regulate the road transport sector in accordance with the

provisions of the Act,

iv) Ensure the provision of safe, reliable and efficient road transport service,

and

v) Administer the Act of Parliament as set out in the First Schedule and any

other written Law.

In full exercise of this mandate, the Authority is also empowered by the Executive

Order No. 2 of 2019, and section 6 of the NTSA Act to carry out the following

core functions:

a) Registration and Licensing of Motor Vehicles.

b) Motor Vehicles Inspection and Certification.

c) National Transport Safety.

d) National Road Safety Management.

e) Regulation of Public Service Vehicles (PSVs).

f) Development and Implementation of Road Safety Strategies.

g) Facilitation of Public Education with regard to Road Safety.

h) Conducting Research and Audits with regard to Road Safety.

i) Compilation of Inspection Reports and Statistics relating to Road Traffic

Accidents.

j) Establishment of Systems and Procedures for the training, testing and licensing

of Motor Vehicle Drivers, Motorcycle Riders, as well as overseeing the same.

k) Formulate and Review the Curricula of Driving Schools.

l) Coordinating the activities of persons and organizations dealing in matter of

road safety.

m) Enforcement of Axle Load Control through Weighbridges.

n) Any other function ancillary to the above

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COUNTY TRANSPORT AND SAFETY COMMITTEES

‘Improving Road Safety Together — Empowering County Governments’

In recognition of the fact that the different counties encounter their own unique problems in the management of road safety and in order to ensure an effective and coordinated management of road safety, the National Transport and Safety Authority Act provides for an interface between the National and County Government in the form of County Transport and Safety Committees.

These committees membership comprise of representatives from the County and National Governments, the Authority and Transport Operators and main purpose of these committees is to oversee road safety management at a county level.

In the FY 2018/2019, the Authority gazetted twelve (12) CTSCs in the County Governments of: Nairobi, Machakos, Makueni, Kitui, Nyeri, Uasin Gishu, Kericho, Busia, Kakamega, Kisumu, Kajiado and Meru. The Authority has so far inducted six (6) CTSCs in the County Governments of: Busia, Machakos, Makueni, Nairobi, Uasin Gishu and Nakuru, which have developed their County Specific Road Safety Action Plans in line with the National Road Safety Action Plan 2019-2023. Notably, through the Committees, the County Governments have prioritized road safety Activities in County planning and budgeting.

The statistics on road safety situation at the county government level for the period 2015-2018 indicate that Nairobi County is leading in fatalities with an average of 16 percent (496), followed by Nakuru at 9 percent (273), Kiambu at 7 percent (211), and Machakos at 5 percent (152). Elgeyo Marakwet, Samburu, Wajir, Mandera, and Turkana have the least cases of fatalities.

ROAD CRASH FATALITIES BY COUNTY

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NATIONAL ROAD SAFETY

ACTION PLAN 2019 – 2023

Kenya has formulated a National Road Safety Action Plan 2019-2023 to initiate major development projects with a view to fast-tracking the realization of its road safety goals. This multi-sectoral five-year Action Plan will guide the implementation of road safety activities in the country,

In this line, the National Road Safety Action Plan 2019-2023 proposes the following intermediate targets:

• 100% of road rehabilitation and development projects achieve technical

standards for all road users, i.e. meet a three-star safety rating or better based on the International Road Assessment Programme (iRAP) methodology

• At least 75% of travel on existing roads is on roads that meet three-star safety ratings or better.

All stakeholders especially the Road Agencies, County Governments and Partners are invited to combine effort for collective achievement of the national road safety target for a secure traffic environment.

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PILLAR TWO SAFER ROADS AND MOBILITY

“Safer roads and mobility deals with road development, the safety of all road users, especially pedestrians and other vulnerable users”.

Road safety should be given appropriate consideration in infrastructure development, and appropriate facilities for pedestrians and other vulnerable road users should be introduced or improved. To ensure basic safety conditions of the infrastructure, the National Transport and Safety Authority in liaison with national road agencies and county governments carries out road safety audits for the most traveled portions of the network throughout planning, designing, construction and operation stages – and conduct corrective upgrade programs - so that mitigation measures become part of day to day network management.

A road safety audit is a formal examination of proposed or existing roads and road related areas from the perspective of all road users with the intention of identifying road safety deficiencies and areas of risk that could lead to road crashes. The Road safety audits undertaken specify the safety of the infrastructure for each type of road user, including and especially vulnerable users and also ensure capacity development and mainstreaming of safety culture.

The National Transport and Safety Authority, the lead safety agency will promote road safety ownership and accountability among road authorities, road engineers and urban planners by encouraging county governments and road authorities to set a target to “eliminate high risk roads by 2030”; commit a minimum of 10% of road budgets to dedicated safer road infrastructure programmes; making road authorities legally responsible for improving road safety on their networks through cost-effective measures and for reporting annually on the safety situation, trends and remedial work undertaken; and monitoring the safety performance of investments in road infrastructure by national road authorities, and county governments.

The Authority will further promote safe operation, maintenance and improvement of existing road infrastructure by requiring road authorities to: identify the number and location of deaths and injuries by road user type, and the key infrastructure factors that influence risk for each user group; conduct safety audits, take a leadership role in relation to speed management and speed sensitive design and operation of the road network; and ensure work zone safety.

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The Authority will further promote the development of safe new infrastructure that meets the mobility and access needs of all users by encouraging relevant authorities take into consideration all modes of transport when building new infrastructure.

The Authority has trained Road Safety Auditors from both county government and national government. This is because road planning, design and management is the responsibility of both National and County governments. All road authorities need to ensure that roads are designed and managed to accommodate human error in use of the road, so that when a crash does occur it will not result in a fatality or serious injury. It further encourages capacity building and knowledge transfer in safe infrastructure by creating partnerships with development banks, national authorities, civil society, education providers and the private sector to ensure safe infrastructure design principles are well understood and applied;

NTSA working with the relevant road agencies and county governments will ensure all road projects need to undergo comprehensive road safety audits and inspections throughout the design, construction and maintenance. Identified hazardous sections of the road to undergo relevant blackspot treatment measures.

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PILLAR THREE SAFER VEHICLES

“Safer vehicles focus on standards, entry and exit of vehicles into

and from countries”

MOTOR VEHICLE INSPECTION SERVICES

In order to ensure the roadworthiness of vehicles on our roads, there is need for the Authority to conduct motor vehicle inspections on all classes of vehicles. Pursuant to this objective, Section 16(2) of the Traffic Act Cap 403 was amended in 2012 to provide for inspection for all vehicles above four years from the date of manufacture. Previously it was only public, commercial and driving school vehicles which were required to undergo a mandatory annual inspection. Currently, the Authority operates 17 motor vehicle inspection centres with a collective capacity of 400,000 vehicles annually. Considering Kenya’s current motor vehicle population, it means that 1.7 million vehicles go uninspected owing to NTSA’s capacity. Based on this premise, the Authority intends to outsource motor vehicle inspection services to private entities.

MOTOR VEHICLE INSPECTION RULES, 2019

In order to outsource inspection services and at the same time ensure the quality and professionalism in motor vehicle inspection, the Authority in consultation with the Ministry has formulated the Motor Vehicle Inspection Rules 2019.

These rules provide for the regulation of motor vehicle inspections by inter alia providing for:

- The different types and frequency of inspections. - Inspection procedures. - Standards applicable. - Qualifications and licensing of inspectors and inspection centers. - Inspection and auditing of inspection centers. - Setting of applicable fees.

Currently, the Authority has concluded the public participation exercise and the final draft will be submitted to the parent ministry for enactment by 30th July, 2019.

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Rollout Plan for Outsourcing

The outsourcing of the motor vehicle inspection services will be rolled out beginning January 2020. It will proceed as follows:

a) The Authority will avail specifications for inspection centres, equipment, and licensing procedure.

b) Potential private Motor Vehicle Inspection centres will be approved for licensing by the Authority.

c) Approved private entities will be allowed time to construct and equip approved motor vehicle inspection centres.

d) The Authority will carry out training for motor vehicle Inspectors.

e) The Authority will operationalize private motor vehicle inspection centres.

VEHICLES’ EMISSION TESTING Kenya, alongside 158 out of 197 other countries, has already ratified The Paris Agreement, a global Treaty that guides international response to climate change. The country has also submitted its first Nationally Determined Contribution (NDC). As per the climate change Act 2016, Article 15, paragraph 5(b), and borrowing from the NDC, which lists the transport sector as one of the biggest contributors to air pollution, the Ministry in charge of Transport is required to report on its sectoral greenhouse gas emissions for the national inventory.

Capacities to monitor and report emissions and actions (transparency frameworks), mainstreaming NDCs into national and sectoral planning, financing frameworks and the identification of mitigation actions suited for international climate finance, are among the frameworks put up by National Climate Coordination Committee.

Emission of visible air pollutants from a stationary or mobile vehicle in excess of limits set out under KS 1515 (Code of Practise of Road Vehicle Inspection) is prohibited by the Environmental Management and Coordination (Air Quality) Regulations, 2014. The Regulations gives NTSA the mandate to test for emissions for all vehicles in line with the parameters to be incorporated in the revised KS 1515.

The Regulations also require Commercial and Public Service Vehicles to undergo an emission test annually while all private vehicles over five years old to be tested biennially. Once the revised KS1515 Standards are gazetted, the Authority will commence testing for emissions.

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STANDARD FOR SPEED

LIMITERS

A review of the functioning of speed limiters in Kenya is necessitated by the technological trends and challenges experienced by the current speed governors. In fact, it emerged that the gadgets were prone to tampering by users with an intention of violating the posted speed limit. This was mostly done by operators using several techniques, including corrupting the recorded data and ensuring the recorded speeds are manipulated not to exceed a certain programmed speed. Hence, the need for a standardized reporting system.

It is against this backdrop that a Technical Committee comprised of NTSA, Kenya Bureau of Standards (KEBS) and various key stakeholders, developed the KS 2295:2018 Standard for Road Speed Limiters. The development process for the Standard was guided by the Standards Project Committee in compliance with the procedures of the Bureau. This standard provides guidelines on the operation of Speed Limiting devices used in vehicles, with an intention to reduce number of accidents due to speeding.

Intervention

The Authority requires that a speed governor should have a speed limiter, speed recorder, storage and transmitting capability linked to an online platform. The following are some of the key areas proposed for consideration: a) The Limiter shall be so designed, constructed and assembled and fitted to the

vehicle to make it maximum tamper proof and “failsafe” against various factors such as disconnection/failure of various components e.g. power supply, speed sensor, mechanical actuator system, linkages or any unauthorized modification and adjustment to the system. If the plug/s to the electronic controller is/are removed, power is disconnected or if the speed signal and/or wire is disconnected the vehicle shall automatically default to a limp mode and shall not be able to be driven in excess of forty kilometres per hour (40km/h). In the event of any form of malfunction an alert signal shall be generated and transmitted in the prescribed manner.

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b) The speed limiter shall be set in such a way that it shall be hard to tamper with (adjust speed) and easy to detect tampering.

c) The speed limitation function shall be independent of the condition or soundness of the speedometer.

d) The recorder shall incorporate a combination of an on board and off-board mechanism for recording and storing the speed of the vehicle.

e) Each entry shall capture position coordinates f) The Authority shall prescribe the format and contents of the data to be

recorded and transmitted. g) The data shall be stored on-board in a non-erasable memory. If the power

supply is disconnected, information in electronic format stored in the recorder for a period of 72 hours prior to the disconnection shall remain retrievable.

h) All speed limiter systems shall have an off-board data storage and/or transmission mechanism complying with the following requirements:

i) The system shall, in real time, electronically relay speed data to the speed limiter’s data storage system.

ii) The system shall, in real time, electronically relay speed data to a data storage system as required by the Authority.

iii) All detected violations including loss of signal for more than 5 minutes shall, in real time, be transmitted to the limiter supplier and the Authority’s storage system and shall trigger an alarm to both the supplier and the Authority.

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PASSENGER VEHICLE BODY CONSTRUCTION Conformity assessment for motor vehicle body builders is another key intervention preferred by the government in pursuit of road safety in the country. In this regard, the Kenya Bureau of Standards (KEBS), in collaboration with NTSA, the Kenya Accreditation Service (KENAS), the National Environmental Management Authority (NEMA) and the Ministry of Transport, Infrastructure, Housing and Urban Development designed the KS 372 Standard to guide the rapid growing passenger vehicle transport system.

This Standard will ultimately harmonize the various sizes of passenger vehicles and promote safety and comfort of passengers.

The KS 372-2014 Standard

Previously, five editions of this Standard have been in operation, all of which have been improved progressively. The current edition (the sixth), replaces the fifth edition KS 372- 2014 whose implementation started on 22nd May 2017. The immediate revision was necessitated by the need to accommodate the Bus Rapid Transport (BRT) buses, allow for five years validation period for the body structure, and give provisions for Persons with Disabilities (PWD). In the revised standard, requirements for classes IV, V and VI vehicles have been defined in clause 4 for both urban and interurban.

Vehicle Classification

The standard categorizes passenger vehicles into the following six classes:

Class VI shall be exclusively for urban use while classes IV and V are further

stratified into: IV A and V A for Urban type, which include seated and standing passengers; and IV B and V B for Interurban type, designed for fully seated passengers.

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Conformity Assessment

All body builders for passenger vehicles are required to adhere to the new KS 372-2014 Standard for uniformity and safety on the roads. Conformity assessment shall be done by an organization accredited by Kenya Accreditation Service (KENAS). These providers shall then be designated by the National Transport and Safety Authority (NTSA) based on their accreditation.

Authorization of Vehicle Designs (Structure)

Approvals for vehicle designs and/or modifications shall be authorized by relevant registered engineer(s) to specific vehicle type and shall ensure that vehicle bodies are constructed in compliance with the manufacturer’s specifications and all the safety requirements in prescribed in the KS 372-2014 Standard.

Other features/specifications include:

Re-Validation and Marking

All vehicles covered in the KS 372-2014 Standard shall be subjected to a revalidation exercise after every five years from the date of manufacture. The revalidation process shall involve checking on the structure for modifications and appropriate actions taken to ensure structural integrity. In light of the above, there must be a plate permanently affixed on the side of the vehicle body bearing the manufacturer/body builder’s name, address and trademark; year of manufacture; capacity; and batch number. The information shall be legibly and indelibly marked.

School Buses

The KS 372-2014 Standard identifies school buses as a special category. These vehicles shall be provided with minimum of two guard rails (aluminium pipe min Dia 19 mm and thickness 1.2 mm). The first guard rail shall be provided at a height of 150 mm from the lower windowsill. The distance between the two guard rails shall be 150 mm. Notably, the standard painting colour for all school buses is yellow.

NB: Please note that all details are particularized in the KS 372-2014 Standard. For reference purposes, obtain a copy from the Kenya Bureau of Standards (KEBS), which is the Agency mandated by the law to circulate the document.

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NEW GENERATION

NUMBER PLATES

The Authority in consultation with the Ministry developed and enacted the Traffic (Registration Plate) Rules 2016 which provides for the new generation number plates. This is necessitated by the prolonged use of the plates that are prone to counterfeiting and duplication, which leads to serious security challenges. Coupled with the fact that the manual production is not fully compatible with the current innovative developments. The rate at which the number plates are produced has been slower relative to the number of vehicles registered, which sometimes lead to shortage of the plates. The new plates will be manufactured using license grade reflective sheet on aluminium, with security features that are compatible with current technology.

There are several benefits expected to accrue from this shift to modern number plates some of which include:- a) Improved vehicle identity security b) Allow for the customization and value addition on number plates c) Meet the expected international standards and specifications d) Adopt an efficient production technology to meet the rising demand of number

plates e) Improve the aesthetical value of number plates f) Be attached to third license sticker, which will enable electronic identification

of vehicles and thereby curb dumping of vehicles on transit and help reduce vehicle theft.

g) Support clean-up of the motor-vehicle database h) Help increase efficiency and effectiveness in management of motor vehicles.

The plates are expected to be officially introduced by January 2020.

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PILLAR FOUR SAFE ROAD USERS “Safer drivers and other road users address driver training, testing and licensing, driving permits and enforcement of the driving code, awareness and education of

the public, and the development of a safety culture”.

H. DRIVER TRAINING, TESTING AND LICENSING

As part of the Authority’s approach to road safety, the Authority seeks to facilitate the learning and development of safer drivers on our roads. Safer people have the capacity to engage safely and responsibly in our road network and environment.

In order to achieve these, the Authority has embarked on the following exercises: -

a. Revalidation of driving schools. b. Development of The Traffic (Driving School, Driving Instructor and Driving

License) Rules, 2019 c. Development of a curriculum on the training and testing of drivers. d. Public and Commercial driver retesting and medical tests. e. Development of an Instant fine system. f. Development of a demerit point system. g. Regulation of commercial service vehicles.

Revalidation of driving Schools.

The Authority, in collaboration with the National Police Service (NPS), is undertaking a national revalidation of all driving school licenses to assess compliance with the Driving School Rules of 1971. The exercise is intended to ensure that the institutions are adequately equipped and well-staffed pursuant to the provisions and requirements for driving school registration. Currently, there are 641 institutions, inclusive of 15 Technical and Vocational Education and Training (TVETs) that offer driving lessons and three (3) rider schools in the country. The distribution of the schools is provided in the chart below:

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NAIROBI, 198

KISUMU, 22KAKAMEGA, 22

ELDORET, 32KISII, 20NAKURU, 66

KERICHO , 11NYERI, 29

EMBU, 29

MERU, 32

THIKA, 91

MACHAKOS, 51MOMBASA, 38

DRIVING SCHOOLS

Distribution of driving schools in Kenya (As per NTSA Regional Locations)

Development of the Traffic (Driving School, Driving Instructor and Driving License) Rules, 2019.

A key step to ensure that there are reduced road fatalities is to ensure that the standard and quality of driver training and testing is of the highest possible standard.

To ensure this standard is achieved, the Authority has been mandated by Section 4(2) (j) of the National Transport and Safety Authority Act to establish systems and procedures for, and oversee the training, testing and licensing of drivers and formulate and review the curriculum of driving schools.

Currently driving school, driver training and testing are regulated by the Traffic Driving School and Instructor Rules 1971. As is to be expected, the rules are outdated and unable to regulate the industry in line with current trends that would promote professionalism and improve the efficiency of service and thus the need for new more responsive rules to regulate the training, testing and licensing of drivers.

Based on the above, the Authority developed the Traffic Driving Schools, Instructor and driving licenses rules 2018 which were subsequently enacted on 26th April 2018.

This Rules provided for: -

- Regulation of driving schools and branches. - Regulation of driving instructors including qualifications. - Regulation of driving instruction. - Regulation of driver testing. - Regulation of driver licensing.

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The Rules are currently with the Attorney General for enactment by September, 2019.

Curriculum for Training and Testing of Drivers The Authority has developed a curriculum for the training and testing of drivers that seeks to improve the competence and discipline of drivers. It does this by addressing the knowledge, skills and attitude gap that currently exists. This curriculum sets the basic principles of training and testing of drivers in Kenya and is designed to cover all categories of vehicles. All drivers and riders in Kenya have to undergo this training and must pass the test to be allowed to drive a motor vehicle or ride a motorcycle. The principle adopted in developing this curriculum is that a set number of units have been defined for each module. There are eight modules which translate to respective categories of licenses. The first four units must be done by all drivers before embarking on additional specific units to meet requirements for each module as defined in this curriculum. The education and training of motor vehicle drivers and motorcycle riders, therefore, is an important step towards improving the overall driving skills Driving schools will be apprised of the changes to orient their training the new requirements. Instructors have also been trained on this curriculum and adequately prepared to adjust the training methods and programme.

Driver Retesting Section 105A of the Traffic Act provides for the testing of Public and Commercial Service drivers after every three years before the renewal of their driving licenses. This testing shall comprise of: -

- A driving test and - A physical fitness test, including an eye and hearing test by a qualified

medical practitioner. -

The Authority intends to commence the enforcement of the above section as from 1st August 2019. The Authority also plans to use opportunity to raise awareness on the adverse impacts of human errors occasioned by drugs, alcohol, and fatigue among various forms of driver distraction. Implementation of the Instant fine system The Traffic Act Cap 403 creates various traffic offences and the penalties applicable in respect of these offences. In majority of these offences, the Act does not provide a fixed or statutory fine but instead provides for the maximum penalty

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applicable. This therefore means that the penalties applicable have to be determined by the court. This situation has led to the following: -

1. The Traffic Police can only arrest traffic offenders and/or detain offending motor vehicles in respect of majority of the offences under the Act.

2. A lot of time wasting for the following parties: -

- The traffic offender: as they have to appear in court in addition to the time taken in cases where they are detained,

- The police: they have to appear in court to give evidence,

- The court: a huge workload of cases to determine the fine applicable. (This has led to a backlog of traffic cases.)

3. Stigma and public embarrassment involved in a court appearance over minor traffic offences.

4. The use of significant resources prosecuting minor offences. The costs involved in prosecuting a large number of less serious offences are significant.

5. Inconsistencies in the administration of justice – the courts levy different penalties for the same offence which has led to the perception of unfairness.

6. Lack of transparency in the collection of fines – the current process is 100% manual making revenue leakages possible.

All of the above have ultimately led to parties engaging in corrupt activities so as to avoid the inconveniences involved in the whole process. In order to address the above problem, the Authority in consultation with the Ministry developed and enacted the Traffic (Minor Offences) Rules, 2016. The implementation of the rules was halted by the Court for 2 years (2016 - 2018) following a legal challenge in court which has now been resolved in favour of the Authority. Currently the Ministry of Interior and Coordination of National Government and the Ministry of Transport, Infrastructure, Housing, Urban Development and Public Works together with the Authority are in the process of finalizing the implementation of the Rules. This finalization involves the development of a payment system that has provisions for the police on the ground to make confirmations of payment and the judiciary to reconcile the same. It also provides for the refund of bail in the event that an offender is released. It is noted that once implemented the following advantages will accrue: -

• The court system, police and public at large shall be saved the time and costs of having to deal with a large volume of minor traffic cases.

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• The procedures lend themselves to automation and computerization thus increasing transparency in fine collection.

• The offender knows in advance the amount of the penalty or bail payable.

• The offender avoids the social stigma of appearing in court.

• The offender's right to have the charge determined by a court and to plead in mitigation of penalty is retained

• There shall be increased enforcement and revenue from minor offences due to the simple and convenient process.

• The penalties contained in the Rules shall still act as a deterrent.

• The instant system will discourage corruption which thrives on inefficiencies.

Demerits Point System The Authority intends to develop and operate an extensive demerit point system as part of the Authority’s driver improvement program. It is expected that the demerit point system will encourage drivers to improve their behavior and also protect people from drivers who abuse the privilege of driving. This demerit point system shall be supported by the Smart Driver Licenses through the Transport Integrated Management System which allows for the enforcement of a points-based penalty whereby a driver receives points for every driving offence they commit. An accumulation of points beyond the threshold limit will lead to suspension or revocation of a license or an equally severe penalty. The Authority has submitted proposals for amendment of the Traffic Act in the Statute Miscellaneous Bill 2019 to provide for the administration of a demerit point system. Regulation of the Commercial Service Vehicle. Currently Commercial Service Vehicles are not under any licensing regime and the only requirement for operation is an inspection sticker. Due to the lack of a comprehensive regulatory framework, the number of fatalities attributable to Commercial Vehicles has substantively increased in the last five years. It is also worthwhile to note that accidents involving commercial vehicles tend to have a higher number of fatalities compared to other categories of vehicles due to their size and load. In an effort to address this, the Authority in consultation with the Ministry developed the NTSA (Commercial Service Vehicle) Regulations 2019. This regulation seeks to regulate the subsector by introducing inter alia: -

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1. A licensing regime.

2. Safety requirements for cargo securement.

3. Retroreflective markings.

4. Limiting hours of driving.

5. Audit of carriers.

6. Parking and towing.

Public participation on the same has been concluded and will be forwarded to the Ministry for enactment by July 2019.

Regulation of operations of motorcycles (Boda-boda).

Transportation by boda-bodas has become a popular means of transport for many rural and urban dwellers. With this increase in popularity and use, there have been negative reports that show that the sub-sector has become associated with crime, traffic accidents and impunity, with grave implications for public safety. This situation has largely been attributed to the sector operating with minimal regulation and control.

In recognition of this fact, the Authority in consultation with the Ministry developed and enacted the NTSA (Operation of Motorcycles) Regulations 2015. These regulations sough to regulate the boda-boda sector through the introduction of inter alia the following legal requirements: -

1. Provision and mandatory use of protective gear to riders by sellers, manufactures, owners and riders.

2. Restrictions on passenger and load carriage.

3. Observance of traffic laws.

4. Regulation of areas and hours of operation by the relevant county transport and safety committees.

5. Licensing of riders.

Due to minimal enforcement and implementation, the impact of the regulations has been minimal. The Authority intends to reverse this position by ensuring the enforcement and implementation of the same by the relevant Authorities by September, 2019.

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LEVERAGE ON DATA Digitization

The Authority is leveraging on technology to enhance service delivery. Since the establishment of the Transport Information Management System (TIMS), tremendous progress has been made in terms of convenience, accuracy, and revenue collection. Precisely, the system has reduced the time taken to process applications and enhanced access to services by the public. Designed with a mobile-friendly interface, the system can be accessed through a smartphone, a factor that has seen the number of transactions per day shoot up to over 10,000.

Digitization has also increased data accuracy and reliability and expanded channels for making payments, which includes mobile money and credit cards. As a result, revenue leakages associated with the cash-based system (through printing of fake receipt books and other forms of fraud) have all been sealed.

In spite of these successes, Kenya has witnessed fraudulent production and usage of motor vehicle number plates. This is not only a major security threat but also a cause of double or even multiple insurance of vehicles and loss of massive revenues by underwriters and the government through tax evasion. The NTSA Act presupposes commitment and cooperation from all stakeholders, which explains why the Authority has proposed data integration and sharing to tame fraud and its consequent challenges.

Proposed Intervention

The Authority has proposed data integration with the Insurance Regulatory Authority (IRA), the government Agency charged with the responsibility of regulating and supervising the insurance industry in the country. The proposed integration will involve providing a secure platform that will enable underwriters send their insurance policies to the Transport Integrated Management System in real time to validate vehicle ownership and details before offering a cover.

Rollout Plan

The NTSA piloted the system with fourteen insurance service providers after which it proved successful. The Authority has since signed a Memorandum of Understanding (MoU) with the IRA. All insurance providers should be on board by January 2020, and other key stakeholders expected to follow suit.

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LEGISLATIVE AGENDA

Enacted Legislations

Below is a brief summary of the various legislations that have been enacted, their

legislative purpose and operative status: -

LEGILSATION PURPOSE ENACTMENT DATE

1 LN 19 of 2015. NTSA Operation of Motorcycles Regulations 2014.

The regulation provides a legislative basis for the regulation of operation of motorcycles and in particular boda boda and tuk tuks

20th February 2015.

2 LN 23 of 2014. NTSA Operation of Public Service Vehicles 2014.

The regulation provides a legislative basis for the regulation of operation of public services vehicles. It introduced inter alia the requirement of Operators to be saccos and/or body corporates

11th March 2014.

3 LN 20 of 2015 NTSA Operation of Tourist Service Vehicles 2015.

The regulation is currently in force and its purpose is twofold: - -To differentiate the operation of tourist service vehicles (TSV) from public service vehicles. -To regulate the activities of TSVs.

5th February 2015.

4 LN No62 of 2016 Traffic Registration Rules 2016.

The regulation is currently in force and its purpose is twofold: - -to introduce and anchor the new generation number plates in law. -to introduce and anchor in law the third license plate sticker

15th April 2016.

5 LN 161 of 2016. Traffic Minor Offences 2016 (Instant fines).

The regulation provides a legislative basis for the instant fines for minor offences.

23rd September 2016.

6 LN 180 of 2014 Traffic Act (Double Cabin Pick up) Declaration.

The legal notice provides for the exemption of double cabs from the definition of commercial vehicles.

18th December 2014.

7 Legal Notice No 11 of 2015. (Standing and sitting passengers)

The legal notice provides for licensing of PSV carrying both standing and seating passengers in preparation of BRT.

30th January 2015.

8 LN 179 of 2014. (Graffiti)

The legal notice provides for the application of innovative decorations (graffiti).

15th December 2014.

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Current Legislative Agenda.

Below is a brief summary of the legislative interventions that are either ongoing or

in the Authority’s legislative plan: -

LEGISLATION PURPOSE STATUS & ROADMAPS

1 Traffic (Driving Schools, Instructor’s and Driving Licenses) Rules, 2019

The regulation provides a legislative basis for the regulation of driving schools, instructors and driving licenses.

Public participation exercise done, and draft submitted to the AG for enactment by September 2019.

2 The Traffic (Drunk Driving) Rules 2019.

The regulation provides a legal basis for the use of prescribed limits in the use of breathalyzers for drunk driving protection of persons under treatment.

Public participation concluded and draft submitted to the AG for enactment by September 2019.

3 Highway Code.

The Highway Code provides general guidance on driving generally.

Public participation concluded. Forwarded to the AG for enactment by September 2019.

4 NTSA (Operations of Commercial Service Vehicles) 2019.

The regulation provides a legislative basis for the regulation of the activities of commercial vehicles.

Public participation concluded. In final review before forwarding to the Ministry for onward transmission to the AG for enactment by July 2019.

5 Motor Vehicle Inspection Regulations, 2019.

The regulation provides a legislative basis for the inspection of all vehicles and outsourcing of inspection centres.

Public Participation and final review expected to be complete by 30th July 2019.

6 The Traffic (School Vehicle Transport) Rules 2019

The regulation seeks to provide a legislative basis for the regulation of operation of school transport providers

Draft expected to be ready for public participation by 31st July 2019.

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LEGISLATION PURPOSE STATUS & ROADMAPS

7 NTSA (Operations of PSV) 2019.

The revised regulation seeks to more effectively enhance the regulation of the PSV sector by addressing the gaps in the 2014 regulation.

Draft expected to be ready for public participation on 30th September 2019.

8 Review of the Traffic Act cap403

The Authority intends to overhaul the current Traffic Act.

The first draft is ready. Being subjected to key stakeholder review. It is expected that a second draft that will be subjected to the wider public by February 2020.

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PILLAR FIVE POST CRASH RESPONSE Pillar five’s main goal is to reduce road crash victim’s trauma. It focusses on the need to Increase responsiveness to post crash emergencies and improve the ability of health care and other systems to provide appropriate emergency treatment and long term rehabilitation and support for crash victims.

Health care services and emergency medical services are devolved functions as per the Fourth Schedule of the constitution and there is need to involve counties in this thematic area. There is an extensive network of health care facilities throughout Kenya, but they are being subjected to increasing pressure from road crash victims. Nowadays, a number of hospitals have dedicated special wards to victims of motorcycle crashes and in the only spinal specialist hospital in Kenya, 80% of the patients are victims of traffic crashes.

The quality of Emergency response and the post-crash care has a direct implication on the condition and the number of crash injuries. Emergency services are not well developed and crash victims are often transported to hospital by members of the public, rather than trained medical professionals. There is also limited knowledge of first aid amongst the general public who are often the first responders in case of a crash. The injury severity and mortality rates are increased by poor treatment at the scene of the crash and as victims are transported from a crash scene to hospital.

Health facilities and emergency service providers require better equipment and training to effectively deal with road crash victims especially at known hazardous locations.

The National Transport and Safety Authority in collaboration with the Ministry of Health and County Governments through County Transport and Safety Committees will follow-up on the;

• Establishment of a nationwide emergency response system including the extraction of a victim from a vehicle after a crash. Currently, there is a single national phone number to alert emergency services to a road crash, but the system which backs it up needs considerable strengthening.

• Preparation of a multi-year post crash investment program addressing all aspects of the emergency response chain. There is need to establish trauma centres and develop an ambulance network along major highways, urban and rural roads for easy and fast accessibility to hospitals.

• Development of hospital trauma care systems and evaluate quality of care through the implementation of good practices on trauma systems and quality assurance

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• Strengthening injury insurance arrangements; Encourage the establishment

of appropriate road user insurance schemes to finance post-crash response services rehabilitation services for crash victims and investment in road safety

• Encourage research and development into improving post-crash response. There is also need to investigate crashes and provide legal response.

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8. CONCLUSION

There is no doubt that road safety is a major challenge in this Country. On daily

basis, at least one person is either injured or killed on the road. The effect is

enormous, both to the families - in terms of losses and life changing misfortunes,

and to the country in terms of Gross Domestic Product (GDP). The Planned

interventions have been subjected to public participation as legally required by the

Constitution and necessary legislations initiated/developed.

The Authority expect to receive feedback from the public, especially those who

feel most affected by the proposed initiatives. This will support finalization of

documentation and smooth rollout plan for implementation. NTSA is counting on

all Stakeholders’ and Partners’ support to realize all the planned endeavours for a

safe traffic environment.

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