Kakamega Senator Boni Khalwale has filed a bill in Parliament seeking to streamline the transport sector, with a particular focus on boda bodas and tuk-tuks.
The Public Transport (Motorcycle Regulation) Bill, of 2023 calls for the establishment of the County Motorcycle Transport and Safety Board in every County.
The board shall be responsible for the regulation, management, and coordination of all the matters relating to the boda boda transport sector within the county.
Kakamega Senator Boni Khalwale speaking to supporters on August 26, 2023.
“The principal objective of this Bill is to put in place a legal framework to regulate the use of motorcycles (boda bodas) in Kenya by introducing new provisions for their registration, operation, and safety at the county level,” the senator observes in his legislation.
Some of the functions of the board will include designating specific routes and parking areas for delivery motorcycles.
Some of the proposals contained in the legislation include;
A rider shall not knowingly carry anyone who intends to commit a crime.
A rider shall not drive in the opposite direction of the traffic flow.
A rider shall not have a bike exceeding 2500 cc unless authorised.
Riders found guilty of riding on the pavement or pedestrian walkway and those riding in the opposite direction of the traffic flow on a one-way street will be fined Ksh20,000 or sentenced to six-month imprisonment or both.
Any rider found guilty of participating in ganging up against other riders is guilty of an offence and will be liable to a fine of Ksh100,000, one-year imprisonment, or both.
“A person who contravenes any provision of these Act and whose penalty is not provided for elsewhere under this Act commits an offense and is liable on conviction to a fine not exceeding Ksh20,000 or to imprisonment for a term not exceeding six months or, both,” reads part of the bill.
The bill also seeks to mandate motorcycle dealers within the country to sell a bike with two helmets and two reflective jackets that comply with the Kenya Bureau of Standards (KEBS) guidelines.
Under the bill, riders will be prohibited from carrying unauthorised goods including contraband.
Motorcycles impounded following the operation in Nairobi on September 28, 2019.
Passengers boarding a boda without a helmet or reflective jacket will also be guilty of an offense.
Further, they will also be required not to board a motorcycle carrying a load exceeding 50kg.
Motorcycles will also be expected not to carry a load whose width projects more than 15cm beyond the handlebars or whose height is more than two metres from the ground.
“A motorcycle rider shall not carry a load, which projects to the rear beyond the maximum overall length of the motorcycle more than sixty centimeters. The rear extremity of the load must be plainly indicated by a conspicuous red marker during the day and by a red light at night,” reads part of the bill.
The bill also seeks to have all three-wheeled motorcycles to only carry three passengers.
Additionally, the bill specifies that riders will not use or operate a three-wheeled rickshaw with an engine capacity exceeding 2000 cc on a public road unless authorised.
“Every passenger in a three-wheeled motorcycle shall wear a seatbelt whenever being carried, and not board or be carried on a motorcycle that already has the maximum number of passengers prescribed,” reads part of the bill.
Tuk tuk operators during a past protest