Traffic and Road Safety (Demerit Points System) Regulations

18. Change of registration particulars

(1a)

A person shall not drive any class of motor vehicle, trailer or engineering plant on a public road unless he or she is in possession of a copy of the registration book in respect of the motor vehicle, trailer or engineering plant.

(5)

A person who contravenes subsection (1a) commits an offence and is liable, on conviction, to a fine not exceeding fifty currency points or imprisonment not exceeding six months or both.

Section analysis Source-linked statutory analysis Source linked

Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.

What this section does

Offence or consequence

This section creates or governs statutory liability concerning “Change of registration particulars”.

“(1a) A person shall not drive any class of motor vehicle, trailer or engineering plant on a public road unless he or she is in possession of a copy of the registration book in respect of the motor vehicle, trailer or engineering plant.”

Primary legislation Source quotation matched

Practical effect

A party alleging or defending liability should test the facts and prescribed consequence against each operative requirement.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved

Elements or requirements

Operative requirements extracted from the consolidated text.

1

(5) A person who contravenes subsection (1a) commits an offence and is liable, on conviction, to a fine not exceeding fifty currency points or imprisonment not exceeding six months or both.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

33. Offences and penalties

(1)

Any person who uses or permits to be used on any road a motor vehicle, trailer or engineering plant- (a) without any insurance prescribed by law for that use; (b) while any registration plate affixed to it in the prescribed manner is in any way obscured or is rendered or allowed to become not easily distinguishable by night or by day; commits an offence and is liable on conviction to a fine of not less than ten currency points and not exceeding forty currency points or imprisonment of not less than one year and not exceeding two years or both.

Section analysis Source-linked statutory analysis Source linked

Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.

What this section does

Offence or consequence

This section creates or governs statutory liability concerning “Offences and penalties”.

“(1) Any person who uses or permits to be used on any road a motor vehicle, trailer or engineering plant- (a) without any insurance prescribed by law for that use; (b) while any registration plate affixed to it in the prescribed manner is in any way obscured or is rendered or allowed to become not easily distinguishable by night or by day; commits an offence and is liable on conviction to a fine of not less than ten currency points and not exceeding forty currency points or imprisonment of not less than one year…”

Primary legislation Source quotation matched

Practical effect

A party alleging or defending liability should test the facts and prescribed consequence against each operative requirement.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved

Elements or requirements

Operative requirements extracted from the consolidated text.

1

(1) Any person who uses or permits to be used on any road a motor vehicle, trailer or engineering plant- (a) without any insurance prescribed by law for that use; (b) while any registration plate affixed to it in the prescribed manner is in any way obscured or is rendered or allowed to become not easily distinguishable by night or by day; commits an offence and is liable on conviction to a fine of not less than ten currency points and not exceeding forty currency points or imprisonment of not less than one year and not exceeding two years or both.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

35. Prohibition of driving without a valid permit

(1)

No person shall drive any class of motor vehicle, trailer or engineering plant on a road unless he or she holds a valid driving permit or a valid learner-driving permit endorsed in respect of that group of motor vehicle, trailer or engineering plant.

(3)

No person who owns or who has charge of a motor vehicle, trailer or engineering plant of any group shall allow or permit any person to drive the motor vehicle, trailer or engineering plant unless the person driving is the holder of a valid driving permit or a valid learner driving permit endorsed in respect or that group of motor vehicle, trailer or engineering plant.

Any person who contravenes subsections (1) and (3) is liable on conviction to fine not exceeding thirty currency points or imprisonment not exceeding one year or both.

Section analysis Source-linked statutory analysis Source linked

Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.

What this section does

Offence or consequence

This section creates or governs statutory liability concerning “Prohibition of driving without a valid permit”.

“(1) No person shall drive any class of motor vehicle, trailer or engineering plant on a road unless he or she holds a valid driving permit or a valid learner-driving permit endorsed in respect of that group of motor vehicle, trailer or engineering plant.”

Primary legislation Source quotation matched

Practical effect

A party alleging or defending liability should test the facts and prescribed consequence against each operative requirement.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved

Elements or requirements

Operative requirements extracted from the consolidated text.

2

(1) No person shall drive any class of motor vehicle, trailer or engineering plant on a road unless he or she holds a valid driving permit or a valid learner-driving permit endorsed in respect of that group of motor vehicle, trailer or engineering plant.
(3) No person who owns or who has charge of a motor vehicle, trailer or engineering plant of any group shall allow or permit any person to drive the motor vehicle, trailer or engineering plant unless the person driving is the holder of a valid driving permit or a valid learner driving permit endorsed in respect or that group of motor vehicle, trailer or engineering plant.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

37. Licensing of driving schools and instructors

(7)

Any person who-

(a)

operates a driving school contrary to this section; or

(c)

being a licensed instructor, instructs any person to drive a motor cycle, a motor car, a dual purpose vehicle, or a tractor otherwise than as a student enrolled in a driving school, commits an offence and is liable on conviction to a fine of not less than ten currency points and not exceeding fifty currency points.

Section analysis Source-linked statutory analysis Source linked

Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.

What this section does

Offence or consequence

This section creates or governs statutory liability concerning “Licensing of driving schools and instructors”.

“(7) Any person who-”

Primary legislation Source quotation matched

Practical effect

A party alleging or defending liability should test the facts and prescribed consequence against each operative requirement.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved

Elements or requirements

Operative requirements extracted from the consolidated text.

3

(7) Any person who-
(a) operates a driving school contrary to this section; or
(c) being a licensed instructor, instructs any person to drive a motor cycle, a motor car, a dual purpose vehicle, or a tractor otherwise than as a student enrolled in a driving school, commits an offence and is liable on conviction to a fine of not less than ten currency points and not exceeding fifty currency points.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

104. Limitation of loads

(2)

No goods vehicle shall be used on a road if it is loaded in such a manner as to make it a danger to other persons using the road or to persons travelling on the goods vehicle; and if any load or part of a load falls from any such goods vehicle that shall be a prima facie evidence that the goods vehicle was loaded in a dangerous manner, until the contrary is proved to the satisfaction of the court.

(3)

A person who contravenes subsection (1) or (2) commits an offence and is liable, on conviction, to a fine not exceeding one hundred currency points.

(4)

For the purpose of this section, person travelling on a goods vehicle shall be taken to be part of the load.

Section analysis Source-linked statutory analysis Source linked

Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.

What this section does

Offence or consequence

This section creates or governs statutory liability concerning “Limitation of loads”.

“(2) No goods vehicle shall be used on a road if it is loaded in such a manner as to make it a danger to other persons using the road or to persons travelling on the goods vehicle; and if any load or part of a load falls from any such goods vehicle that shall be a prima facie evidence that the goods vehicle was loaded in a dangerous manner, until the contrary is proved to the satisfaction of the court.”

Primary legislation Source quotation matched

Practical effect

A party alleging or defending liability should test the facts and prescribed consequence against each operative requirement.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved

Elements or requirements

Operative requirements extracted from the consolidated text.

3

(2) No goods vehicle shall be used on a road if it is loaded in such a manner as to make it a danger to other persons using the road or to persons travelling on the goods vehicle; and if any load or part of a load falls from any such goods vehicle that shall be a prima facie evidence that the goods vehicle was loaded in a dangerous manner, until the contrary is proved to the satisfaction of the court.
(3) A person who contravenes subsection (1) or (2) commits an offence and is liable, on conviction, to a fine not exceeding one hundred currency points.
(4) For the purpose of this section, person travelling on a goods vehicle shall be taken to be part of the load.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

105. Offences and penalties

(1)

Any person who-

(a)

uses a motor vehicle for the carriage of passengers or goods for hire or reward when not licensed to do so; or

(b)

being a holder of a vehicles operator's licence, carries passengers or goods in breach of his or her licence of any of the terms or conditions of his or her licence; commits an offence and is liable on conviction to a fine not exceeding one hundred currency points or imprisonment not exceeding year or both.

Section analysis Source-linked statutory analysis Source linked

Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.

What this section does

Offence or consequence

This section creates or governs statutory liability concerning “Offences and penalties”.

“(1) Any person who-”

Primary legislation Source quotation matched

Practical effect

A party alleging or defending liability should test the facts and prescribed consequence against each operative requirement.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved

Elements or requirements

Operative requirements extracted from the consolidated text.

3

(1) Any person who-
(a) uses a motor vehicle for the carriage of passengers or goods for hire or reward when not licensed to do so; or
(b) being a holder of a vehicles operator's licence, carries passengers or goods in breach of his or her licence of any of the terms or conditions of his or her licence; commits an offence and is liable on conviction to a fine not exceeding one hundred currency points or imprisonment not exceeding year or both.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

107. Condition of motor vehicle, etc for use on a road

(1)

No motor vehicle, trailer or engineering plant shall be used on a road unless the motor vehicle, trailer or engineering plant and all its parts and equipment, including tyres and lights, are in good condition and in efficient working order and are in such condition that the driving of the vehicle on the road either in the daytime or at night is not likely to be to be a danger to the persons travelling on the motor vehicle, trailer or engineering plant or to other users of the road.

(5)

Any person who uses on a road a motor vehicle, trailer or engineering plant in contravention of subsection (1), (2) and (3) commits an offence and is liable on conviction to a fine of not exceeding three hundred currency points or imprisonment not exceeding six months or both.

Section analysis Source-linked statutory analysis Source linked

Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.

What this section does

Offence or consequence

This section creates or governs statutory liability concerning “Condition of motor vehicle, etc for use on a road”.

“(1) No motor vehicle, trailer or engineering plant shall be used on a road unless the motor vehicle, trailer or engineering plant and all its parts and equipment, including tyres and lights, are in good condition and in efficient working order and are in such condition that the driving of the vehicle on the road either in the daytime or at night is not likely to be to be a danger to the persons travelling on the motor vehicle, trailer or engineering plant or to other users of the road.”

Primary legislation Source quotation matched

Practical effect

A party alleging or defending liability should test the facts and prescribed consequence against each operative requirement.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved

Elements or requirements

Operative requirements extracted from the consolidated text.

2

(1) No motor vehicle, trailer or engineering plant shall be used on a road unless the motor vehicle, trailer or engineering plant and all its parts and equipment, including tyres and lights, are in good condition and in efficient working order and are in such condition that the driving of the vehicle on the road either in the daytime or at night is not likely to be to be a danger to the persons travelling on the motor vehicle, trailer or engineering plant or to other users of the road.
(5) Any person who uses on a road a motor vehicle, trailer or engineering plant in contravention of subsection (1), (2) and (3) commits an offence and is liable on conviction to a fine of not exceeding three hundred currency points or imprisonment not exceeding six months or both.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

111. Driving with blood alcohol concentration above

the prescribed limit (1) A person who drives or attempts to drive a motor vehicle, trailer or engineering plant on a road or other public place, having consumed alcohol in such quantity that the proportion of the alcohol in his or her blood or breath, as ascertained from a laboratory test for which he or she subsequently provides a specimen under section 113 or a breath analyser test exceeds the prescribed limit at the time he or she provides the specimen, commits an offence and is liable, on conviction, to a fine not exceeding three hundred currency points or imprisonment not exceeding three years or both.

Section analysis Source-linked statutory analysis Source linked

Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.

What this section does

Offence or consequence

This section creates or governs statutory liability concerning “Driving with blood alcohol concentration above”.

“the prescribed limit (1) A person who drives or attempts to drive a motor vehicle, trailer or engineering plant on a road or other public place, having consumed alcohol in such quantity that the proportion of the alcohol in his or her blood or breath, as ascertained from a laboratory test for which he or she subsequently provides a specimen under section 113 or a breath analyser test exceeds the prescribed limit at the time he or she provides the specimen, commits an offence and is liable, on conviction, to a fine…”

Primary legislation Source quotation matched

Practical effect

A party alleging or defending liability should test the facts and prescribed consequence against each operative requirement.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved

Elements or requirements

Operative requirements extracted from the consolidated text.

0

This section states a single governing proposition and does not enumerate separate elements.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

112. Driving under the influence of drugs

(1)

A person who, while under the influence of a drug drives a motor vehicle, trailer or engineering plant drives or attempts to drive a motor vehicle, trailer or engineering plant on any road, commits an offence and is liable, on conviction, to a fine not exceeding three hundred currency points or imprisonment not exceeding three years or both.

Section analysis Source-linked statutory analysis Source linked

Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.

What this section does

Offence or consequence

This section creates or governs statutory liability concerning “Driving under the influence of drugs”.

“(1) A person who, while under the influence of a drug drives a motor vehicle, trailer or engineering plant drives or attempts to drive a motor vehicle, trailer or engineering plant on any road, commits an offence and is liable, on conviction, to a fine not exceeding three hundred currency points or imprisonment not exceeding three years or both.”

Primary legislation Source quotation matched

Practical effect

A party alleging or defending liability should test the facts and prescribed consequence against each operative requirement.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved

Elements or requirements

Operative requirements extracted from the consolidated text.

1

(1) A person who, while under the influence of a drug drives a motor vehicle, trailer or engineering plant drives or attempts to drive a motor vehicle, trailer or engineering plant on any road, commits an offence and is liable, on conviction, to a fine not exceeding three hundred currency points or imprisonment not exceeding three years or both.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

119. Careless or inconsiderate use of motor vehicle

Every person who uses, parks or stands a motor vehicle, trailer or engineering plant on any road carelessly or without reasonable consideration for other persons using the road, commits an offence and is liable on conviction to a fine not exceeding one hundred currency points or imprisonment not exceeding six months or both."

Section analysis Source-linked statutory analysis Source linked

Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.

What this section does

Offence or consequence

This section creates or governs statutory liability concerning “Careless or inconsiderate use of motor vehicle”.

“Every person who uses, parks or stands a motor vehicle, trailer or engineering plant on any road carelessly or without reasonable consideration for other persons using the road, commits an offence and is liable on conviction to a fine not exceeding one hundred currency points or imprisonment not exceeding six months or both."”

Primary legislation Source quotation matched

Practical effect

A party alleging or defending liability should test the facts and prescribed consequence against each operative requirement.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved

Elements or requirements

Operative requirements extracted from the consolidated text.

0

This section states a single governing proposition and does not enumerate separate elements.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

123. Emergency motor vehicle

(4)

Upon the immediate approach of an emergency motor vehicle, trailer or engineering plant, the driver of every motor vehicle, trailer or engineering plant shall, except when otherwise directed by a police officer in uniform, give the right of way, and shall immediately drive to a position parallel to and as close as possible to the left-hand edge of the curb of the roadway, clear of any intersection and shall stop and remain in that position until the authorized emergency motor vehicle, trailer or engineering plant has passed.

(6)

A person who fails to comply with this section commits an offence and is liable on conviction to a fine of not exceeding two hundred currency points or imprisonment not exceeding two years or both.

Section analysis Source-linked statutory analysis Source linked

Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.

What this section does

Offence or consequence

This section creates or governs statutory liability concerning “Emergency motor vehicle”.

“(4) Upon the immediate approach of an emergency motor vehicle, trailer or engineering plant, the driver of every motor vehicle, trailer or engineering plant shall, except when otherwise directed by a police officer in uniform, give the right of way, and shall immediately drive to a position parallel to and as close as possible to the left-hand edge of the curb of the roadway, clear of any intersection and shall stop and remain in that position until the authorized emergency motor vehicle, trailer or engineering…”

Primary legislation Source quotation matched

Practical effect

A party alleging or defending liability should test the facts and prescribed consequence against each operative requirement.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved

Elements or requirements

Operative requirements extracted from the consolidated text.

2

(4) Upon the immediate approach of an emergency motor vehicle, trailer or engineering plant, the driver of every motor vehicle, trailer or engineering plant shall, except when otherwise directed by a police officer in uniform, give the right of way, and shall immediately drive to a position parallel to and as close as possible to the left-hand edge of the curb of the roadway, clear of any intersection and shall stop and remain in that position until the authorized emergency motor vehicle, trailer or engineering plant has passed.
(6) A person who fails to comply with this section commits an offence and is liable on conviction to a fine of not exceeding two hundred currency points or imprisonment not exceeding two years or both.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

124. Compulsory stopping at railway crossing

(1)

Subject to this section, the driver of a motor vehicle, trailer or engineering plant shall before entering on any railway level-crossing, stop clear of the line for such time as may be necessary to make adequate observations to ascertain whether or not the line is clear.

Section analysis Source-linked statutory analysis Source linked

Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.

What this section does

Statutory power

This section confers or regulates the statutory power described as “Compulsory stopping at railway crossing”.

“(1) Subject to this section, the driver of a motor vehicle, trailer or engineering plant shall before entering on any railway level-crossing, stop clear of the line for such time as may be necessary to make adequate observations to ascertain whether or not the line is clear.”

Primary legislation Source quotation matched

Practical effect

The power must be exercised by the authorised decision-maker, within the conditions and purpose stated in the section.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved

Elements or requirements

Operative requirements extracted from the consolidated text.

1

(1) Subject to this section, the driver of a motor vehicle, trailer or engineering plant shall before entering on any railway level-crossing, stop clear of the line for such time as may be necessary to make adequate observations to ascertain whether or not the line is clear.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

127. Restrictions on pillion riding

(1)

Not more than one person in addition to the driver shall be carried on any two-wheeled motorcycle; and no person shall be so carried otherwise than on proper seat securely fixed to the cycle.

(2)

A person who contravenes subsection (1) commits an offence and is liable, on conviction, to a fine of not exceeding two hundred currency points or imprisonment not exceeding two years or both.

Section analysis Source-linked statutory analysis Source linked

Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.

What this section does

Offence or consequence

This section creates or governs statutory liability concerning “Restrictions on pillion riding”.

“(1) Not more than one person in addition to the driver shall be carried on any two-wheeled motorcycle; and no person shall be so carried otherwise than on proper seat securely fixed to the cycle.”

Primary legislation Source quotation matched

Practical effect

A party alleging or defending liability should test the facts and prescribed consequence against each operative requirement.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved

Elements or requirements

Operative requirements extracted from the consolidated text.

2

(1) Not more than one person in addition to the driver shall be carried on any two-wheeled motorcycle; and no person shall be so carried otherwise than on proper seat securely fixed to the cycle.
(2) A person who contravenes subsection (1) commits an offence and is liable, on conviction, to a fine of not exceeding two hundred currency points or imprisonment not exceeding two years or both.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

128. Obstructing driver of motor vehicle, etc

(2)

No person shall carry passengers in a motor vehicle, trailer or engineering plant in such numbers or in such a position as to be likely to interfere with the safe driving of the motor vehicle, trailer or engineering plant.

(3)

Any person who contravenes any provision of this section commits an offence and is liable on conviction to a fine not less than five currency points and not exceeding thirty currency points or imprisonment of not less than two years or both.

Section analysis Source-linked statutory analysis Source linked

Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.

What this section does

Offence or consequence

This section creates or governs statutory liability concerning “Obstructing driver of motor vehicle, etc”.

“(2) No person shall carry passengers in a motor vehicle, trailer or engineering plant in such numbers or in such a position as to be likely to”

Primary legislation Source quotation matched

Practical effect

A party alleging or defending liability should test the facts and prescribed consequence against each operative requirement.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved

Elements or requirements

Operative requirements extracted from the consolidated text.

2

(2) No person shall carry passengers in a motor vehicle, trailer or engineering plant in such numbers or in such a position as to be likely to interfere with the safe driving of the motor vehicle, trailer or engineering plant.
(3) Any person who contravenes any provision of this section commits an offence and is liable on conviction to a fine not less than five currency points and not exceeding thirty currency points or imprisonment of not less than two years or both.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

13. Offences and penalties

(1)

A person who- (a) operates a motorcycle or motorised tricycle for carrying passengers or goods for hire or reward without a valid licence; (b) in relation to any application for a licence, makes any statement which is false; (c) parks a motorcycle or motorised tricycle for hire or reward in a place which is not the designated place specified in the driver's licence; (d) furnishes to the Board any record, statement, declaration, written information or explanation containing any particulars which to his knowledge are false or incorrect; (e) fails to produce or surrender a licence upon being required to do so under the Act or these Regulations; (f) makes or has in his or her possession any document, plate or mark resembling a licence or any such document, plate or mark which is intended to deceive; (g) fails to comply with any condition of a licence; or (h) with intent to evade the payment of a fee, wilfully does or omits to do any act or thing required by law; commits an offence and is liable on conviction to a fine not less than two currency points and not exceeding thirty currency points or imprisonment not exceeding two years or both.

The Traffic and Road Safety (Wearing of Safety Belts) Regulations, 2004, S.I. No. 32 of 2004

Section analysis Source-linked statutory analysis Source linked

Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.

What this section does

Offence or consequence

This section creates or governs statutory liability concerning “Offences and penalties”.

“(1) A person who- (a) operates a motorcycle or motorised tricycle for carrying passengers or goods for hire or reward without a valid licence; (b) in relation to any application for a licence, makes any statement which is false; (c) parks a motorcycle or motorised tricycle for hire or reward in a place which is not the designated place specified in the driver's licence; (d) furnishes to the Board any record, statement, declaration, written information or explanation containing any particulars which to his…”

Primary legislation Source quotation matched

Practical effect

A party alleging or defending liability should test the facts and prescribed consequence against each operative requirement.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved

Elements or requirements

Operative requirements extracted from the consolidated text.

1

(1) A person who- (a) operates a motorcycle or motorised tricycle for carrying passengers or goods for hire or reward without a valid licence; (b) in relation to any application for a licence, makes any statement which is false; (c) parks a motorcycle or motorised tricycle for hire or reward in a place which is not the designated place specified in the driver's licence; (d) furnishes to the Board any record, statement, declaration, written information or explanation containing any particulars which to his knowledge are false or incorrect; (e) fails to produce or surrender a licence upon being required to do so under the Act or these Regulations; (f) makes or has in his or her possession any document, plate or mark resembling a licence or any such document, plate or mark which is intended to deceive; (g) fails to comply with any condition of a licence; or (h) with intent to evade the payment of a fee, wilfully does or omits to do any act or thing required by law; commits an offence and is liable on conviction to a fine not less than two currency points and not exceeding thirty currency points or imprisonment not exceeding two years or both.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

3. Fitting and wearing of safety belts

(3)

The driver and all passengers in a vehicle must wear safety belts at all times when the vehicle is moving, even where the vehicle is paused at traffic lights or stopped in a temporal traffic jam or in a very slow moving traffic.

(4)

A person who contravenes regulation 3(3) commits an offence and is liable-

(a)

in case of a driver to a fine of not less than two currency points.

The Traffic and Road Safety (Restriction of Use of Mobile Telephones) Regulations, 2004, S.I No. 99 of 2004

Section analysis Source-linked statutory analysis Source linked

Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.

What this section does

Offence or consequence

This section creates or governs statutory liability concerning “Fitting and wearing of safety belts”.

“(3) The driver and all passengers in a vehicle must wear safety belts at all times when the vehicle is moving, even where the vehicle is paused at traffic lights or stopped in a temporal traffic jam or in a very slow moving traffic.”

Primary legislation Source quotation matched

Practical effect

A party alleging or defending liability should test the facts and prescribed consequence against each operative requirement.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved

Elements or requirements

Operative requirements extracted from the consolidated text.

3

(3) The driver and all passengers in a vehicle must wear safety belts at all times when the vehicle is moving, even where the vehicle is paused at traffic lights or stopped in a temporal traffic jam or in a very slow moving traffic.
(4) A person who contravenes regulation 3(3) commits an offence and is liable-
(a) in case of a driver to a fine of not less than two currency points.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

3. Restriction on use of mobile telephone

Subject to regulation 4, a person shall not- (a) while driving a motor vehicle, use a hand-held mobile telephone; or (b) while instructing a learner driver, in the process of driving, use a handheld mobile telephone.

4. Exemption

A person does not contravene regulation 3, if he or she is using a hands-free kit or similar device inserted in the mobile telephone.

Section analysis Source-linked statutory analysis Source linked

Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.

What this section does

Governing rule

This section states the governing statutory rule for “Exemption”.

“A person does not contravene regulation 3, if he or she is using a hands-free kit or similar device inserted in the mobile telephone.”

Primary legislation Source quotation matched

Practical effect

Use this section as the starting statutory rule for “Exemption”, together with the linked provisions and current consolidation.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved

Elements or requirements

Operative requirements extracted from the consolidated text.

1

A person does not contravene regulation 3, if he or she is using a hands-free kit or similar device inserted in the mobile telephone.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

5. Offence and penalty

Any person who contravenes regulation 3 commits an offence and is liable, on conviction, to a fine of not less than five currency points and not exceeding ten currency points, or to imprisonment not exceeding on year, or both.

The Traffic and Road Safety (Driving Schools and Driving Instructors) Regulations, 2010, SI No. 29 of 2010

Section analysis Source-linked statutory analysis Source linked

Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.

What this section does

Offence or consequence

This section creates or governs statutory liability concerning “Offence and penalty”.

“Any person who contravenes regulation 3 commits an offence and is liable, on conviction, to a fine of not less than five currency points and not exceeding ten currency points, or to imprisonment not exceeding on year, or both.”

Primary legislation Source quotation matched

Practical effect

A party alleging or defending liability should test the facts and prescribed consequence against each operative requirement.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved

Elements or requirements

Operative requirements extracted from the consolidated text.

0

This section states a single governing proposition and does not enumerate separate elements.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

11. Certificate of fitness

(1)

Each instruction motor vehicle shall every twelve months, on payment of the fee prescribed in Schedule 2 be issued with a certificate of fitness.

(2)

For the purposes of issuing a certificate of fitness, a driving school instruction motor vehicle shall be inspected annually by the inspector of vehicles to confirm that the instruction motor vehicle- (a) is in a good mechanical condition; (b) except for a group A motor vehicle, is fitted with dual brakes and dual clutches, where the motor vehicle is for manual transmission, and with dual brakes, where the motor vehicle is for automatic transmission; (c) is fitted with a clearly visible rooftop sign whose material and background is retro-reflective and which shall be in the form prescribed in Schedule 3, except groups A, F, H and I motor vehicles which may be exempted from this requirement where it is not practically possible to affix the signage; (d) is fitted with "L" identification plates; and (e) is insured against third party risks and has such insurance policies as may be prescribed by the chief licensing officer.

(3)

The certificate of fitness may be renewed.

(4)

The certificate of fitness shall not be transferable.

(5)

The certificate of fitness shall be displayed at a conspicuous place on the motor vehicle in which driving instruction is offered.

(6)

Where the chief licensing officer determines that a driving school instruction motor vehicle is not in a mechanical condition required for the purposes of being used as such, the chief licensing officer may, without giving notice, revoke the certificate of fitness of the driving school instruction motor vehicle.

(8)

Where a driving school instruction motor vehicle is used contrary to this regulation, the owner of the driving school commits an offence and is liable on conviction to a fine not exceeding ten currency points or imprisonment not exceeding five months or both.

The Traffic and Road Safety (Reflectors) Regulations, 2012, SI. No. 11 of 2012.

Section analysis Source-linked statutory analysis Source linked

Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.

What this section does

Offence or consequence

This section creates or governs statutory liability concerning “Certificate of fitness”.

“(1) Each instruction motor vehicle shall every twelve months, on payment of the fee prescribed in Schedule 2 be issued with a certificate of fitness.”

Primary legislation Source quotation matched

Practical effect

A party alleging or defending liability should test the facts and prescribed consequence against each operative requirement.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved

Elements or requirements

Operative requirements extracted from the consolidated text.

7

(1) Each instruction motor vehicle shall every twelve months, on payment of the fee prescribed in Schedule 2 be issued with a certificate of fitness.
(2) For the purposes of issuing a certificate of fitness, a driving school instruction motor vehicle shall be inspected annually by the inspector of vehicles to confirm that the instruction motor vehicle- (a) is in a good mechanical condition; (b) except for a group A motor vehicle, is fitted with dual brakes and dual clutches, where the motor vehicle is for manual transmission, and with dual brakes, where the motor vehicle is for automatic transmission; (c) is fitted with a clearly visible rooftop sign whose material and background is retro-reflective and which shall be in the form prescribed in Schedule 3, except groups A, F, H and I motor vehicles which may be exempted from this requirement where it is not practically possible to affix the signage; (d) is fitted with "L" identification plates; and (e) is insured against third party risks and has such insurance policies as may be prescribed by the chief licensing officer.
(3) The certificate of fitness may be renewed.
(4) The certificate of fitness shall not be transferable.
(5) The certificate of fitness shall be displayed at a conspicuous place on the motor vehicle in which driving instruction is offered.
(6) Where the chief licensing officer determines that a driving school instruction motor vehicle is not in a mechanical condition required for the purposes of being used as such, the chief licensing officer may, without giving notice, revoke the certificate of fitness of the driving school instruction motor vehicle.
(8) Where a driving school instruction motor vehicle is used contrary to this regulation, the owner of the driving school commits an offence and is liable on conviction to a fine not exceeding ten currency points or imprisonment not exceeding five months or both.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

3. Vehicles to be fitted with reflectors

(1)

A vehicle, other than a motor cycle without a side car or a motor tricycle, shall be fitted with a reflector on each side of the rear of the vehicle at the same height as the longitudinal center - line of the vehicle and equidistant from each side of the vehicle in compliance with these Regulations.

10. Offences and penalties

(1)

Any person who contravenes regulations 3, 4, 5, 6, 7 and 8 commits an offence and is liable on conviction to a fine not exceeding twenty-five currency points or imprisonment not exceeding one year or both.

(2)

A person who contravenes regulation 9 commits an offence and is liable on conviction to a fine not exceeding two currency points or imprisonment not exceeding one month or both.

The Traffic and Road Safety (Driving Tests and Special Provisions for Drivers of Public Service Vehicles and Goods Vehicles) Regulations, 2012. S.I No. 40 of 2012.

Section analysis Source-linked statutory analysis Source linked

Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.

What this section does

Offence or consequence

This section creates or governs statutory liability concerning “Offences and penalties”.

“(1) Any person who contravenes regulations 3, 4, 5, 6, 7 and 8 commits an offence and is liable on conviction to a fine not exceeding twenty-five currency points or imprisonment not exceeding one year or both.”

Primary legislation Source quotation matched

Practical effect

A party alleging or defending liability should test the facts and prescribed consequence against each operative requirement.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved

Elements or requirements

Operative requirements extracted from the consolidated text.

2

(1) Any person who contravenes regulations 3, 4, 5, 6, 7 and 8 commits an offence and is liable on conviction to a fine not exceeding twenty-five currency points or imprisonment not exceeding one year or both.
(2) A person who contravenes regulation 9 commits an offence and is liable on conviction to a fine not exceeding two currency points or imprisonment not exceeding one month or both.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

16. Badge and certificate of compliance for

drivers of public service vehicles. (1) A person who wishes to drive a public service vehicle shall apply to the secretary to the board using Form V prescribed in the Second Schedule for a public service vehicle driver's badge and certificate of compliance.

(13)

A person who contravenes any of the provisions of this regulation commits an offence and is liable on conviction to a fine of not less than ten currency points or imprisonment not exceeding six months.

GEN. EDWARD KATUMBA WAMALA, Minster of Works and Transport

Cross references The Traffic and Road Safety (Driving Licensing) Regulations, 2021; The Traffic and Road Safety (Motorcycles and Motorised Tricycles) Regulations, 2016, S.I No.30 of 2016; The Traffic and Road Safety (Express Penalty Scheme for Road Traffic Offenders) Regulations, 2013; The Traffic and Road Safety (Driving Tests and Special Provisions for Drivers of Public Service Vehicles and Goods Vehicles) Regulations, 2012; The Traffic and Road Safety (Reflectors) Regulations, 2012, SI. No. 11 of 2012. The Traffic and Road Safety (Driving Schools and Driving Instructors) Regulations, 2010, SI No. 29 of 2010 The Traffic and Road Safety (Wearing of Safety Belts) Regulations, 2004, S.I. No. 32 of 2004 The Traffic and Road Safety (Restriction of Use of Mobile Telephones) Regulations, 2004, S.I No. 99 of 2004

Section analysis Source-linked statutory analysis Source linked

Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.

What this section does

Offence or consequence

This section creates or governs statutory liability concerning “Badge and certificate of compliance for”.

“drivers of public service vehicles. (1) A person who wishes to drive a public service vehicle shall apply to the secretary to the board using Form V prescribed in the Second Schedule for a public service vehicle driver's badge and certificate of compliance.”

Primary legislation Source quotation matched

Practical effect

A party alleging or defending liability should test the facts and prescribed consequence against each operative requirement.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved

Elements or requirements

Operative requirements extracted from the consolidated text.

1

(13) A person who contravenes any of the provisions of this regulation commits an offence and is liable on conviction to a fine of not less than ten currency points or imprisonment not exceeding six months.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Traffic and Road Safety (Demerit Points System) Regulations

About this Act

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