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NTSA’s new instant fines offer relief for motorists

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Motorists who commit minor traffic offences such as talking on the phone while driving or exceeding speed limits will from January pay instant fines of between Sh500 and Sh10,000 as part of fresh efforts to reduce corruption and restore sanity on Kenyan roads.

The motorists will also no longer be arrested, have their vehicles towed to police stations or pay fines in cash, blocking the common avenues traffic police officers and court officials use to collect bribes.

The list of minor violations and their corresponding fines published by the National Transport and Safety Authority (NTSA) includes speeding, motorcycle riding without protective gear, failing to produce a driving licence when asked to do so by a uniformed police officer and failure to fasten seat belts.

Graphic source: Business Daily

Offenders will no longer be required to go to court but will instead pay instant fines using mobile money and get a standard receipt for it.  NTSA director-general Francis Meja said the electronic payment platform is particularly important for the effort which besides saving motorist the pain of going to court aims to cut the flow of bribes to the pockets of corrupt traffic policemen.

“Payment of instant fines will come into force in January after the Transport secretary gazettes them,” Mr Meja told the Business Daily yesterday, adding that the mobile payments are also expected to boost government revenue.

If the rules are gazetted, motorists will pay Sh500 for exceeding the speed limit set for their vehicles by between one and five kilometres per hour (kph). Exceeding the set speed limit by between six and 10 kph will attract a Sh3,000 fine while motorists who exceed the limit by between 11 and 15 kph will pay Sh6,000.

The NTSA will levy Sh10,000 on motorists exceeding speed limits by between 16 and 20 kph. The same fines and range by which motorists exceed the 50 kph maximum speed limit on roads in urban towns as indicated by signs will apply. The new rules have not spared pedestrians who will pay Sh500 for “obstructing free passage of vehicles,” – a rule that is seen to discourage crossing of roads at non-designated places.

Currently, motorists caught with traffic offences must face the courts, a process that is seen as time-consuming and encouraging the offenders to bribe the police in order to avoid the inconvenience.

Section 117 of the Traffic Act allows payment of instant fines but has yet to take effect because offences had not been specified and corresponding penalties fixed. Owners of vehicles that do not have safety belts or with non-functioning ones will pay a Sh1,000 fine per seat — a penalty that is seen to be targeting public service vehicles.

Failure to fit passenger vehicles with speed governors will attract a Sh10,000 fine while passengers travelling in a vehicle with seat belts but fail to fasten them will be charged Sh500.
The NTSA rules also provide for a Sh1,000 fine on people who leave any part of their body outside a moving vehicle, a rule that is expected to tame touts who regularly travel hanging on the doors of public vehicles.

Motorcycle riders operating without protective gear will be liable for a fine of Sh1,000 same as those found carrying more than one passenger. Mr Meja said that the transport agency had liased with the Judiciary, the Attorney-General and the police service in drafting the rules.

Next Read: KCPE exams and marking scheme ‘leaked’

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