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Every day we are on the road commuting from one place to another, but it may be surprising , how little we may know about road traffic regulations, traffic offences or the penalty they carry.

Most times when cited with a traffic violation, we are often left at the mercy of the traffic police, with little clue on what should happen next, or even worse, totally ignorant on whether or not our actions actually violated any of the traffic regulations.

This article focuses on what the Traffic Act terms as Minor Traffic Offences as distinguished from the rest of the traffic offenses cited under the Traffic Act.

The distinction is very important to note because the process of prosecution of Minor Offenses is different from the other traffic offenses which are not classified as such.

Background

Section 117 of the Traffic Act allows for the creation of a schedule of traffic offences, dubbed, Minor Traffic Offences. A person charged with a minor offence may be dealt with and prosecuted in accordance with the provisions provided under the section; different from other offences. It also prescribes for the setting of statutory maximum penalty, for minor offences.

Pursuant to section 117 of the Traffic Act, the then Cabinet Secretary for Transport, Ministry of Transport, Infrastructure, Housing and Urban Development enacted the Traffic (Minor Offenses Rules) vide legal Notice Number 161 of 2016.

The Rules, were informed by calls from different stakeholders and members of public for the amendment of the Traffic Act to address challenges faced by various parties in implementing the law governing Traffic Offences, and to solve certain challenges which included uncertainty and inconsistencies as to the applicable fines for the various offences.

Some of the offences provided under the rules are listed below together with the maximum penalty imposed for such offences.

1. 1. Using a Mobile Phone When Driving:
   Using your phone while driving a motor vehicle is an offense that could get you stopped by the traffic police and charged with a traffic offense. The maximum penalty that would be imposed for this offense is Kshs. 2,000.
2. 2. Failure to Wear a Seat Belt:
   If caught in a vehicle driving or as a passenger without a safety belt, you risk being fined a maximum penalty of Kshs. 500.
3. 3. Failure by the Owner of the Motor Vehicle to Have the Seats Fitted with Safety Belts:
   An owner of a motor vehicle that fails to install safety belts on the seats of the car risks a maximum fine of Kshs. 1,000 for each seat that is not fitted with a safety belt. It follows that for a 5-seater vehicle, for example, a maximum fine of Kshs. 5,000 would be imposed.
4. 4. Failure of a Vehicle to Carry Reflective/Warning Sign:
   It is mandatory for all vehicles operating on the road to carry reflective warning signs (Life savers). Violation of this rule will cause an offender Kshs. 2,000 in maximum penalty.
5. 5. Travelling with a Part of the Body Outside a Moving Vehicle:
   It is not only dangerous for a person to travel with their body part outside a moving vehicle, but if caught in the act, such a person risks a penalty of Kshs. 1,000.
6. 6. Offenses Particular to PSV’s:
   Certain offenses are particular to Public Service Vehicles, including the failure of a conductor to keep the seat belts clean. It is important that the people in charge of a PSV maintain a clean vehicle, particularly ensuring that the safety belts are clean, dry, and in a wearable state. Otherwise, the conductor of such PSV will risk a maximum penalty of Kshs. 500.
7. 7. Failure to Fit Speed Governor:
   The Traffic Act requires that PSV’s and commercial vehicles be fitted with the prescribed speed governors. A violation of this rule exposes the owner of the motor vehicle or the person at the time in control of the vehicle to a maximum penalty of Kshs. 10,000.
8. 8. Failure of PSV to Carry Functional Fire Extinguisher and Fire Kits:
   It is mandatory for PSV’s to carry a functional fire extinguisher and fire kits at all times when the vehicle is moving on the roads. A violation of this rule exposes the owner of the motor vehicle or the person at the time in control of the vehicle to a maximum penalty of Kshs. 2,000.
9. 9. Driving A PSV with Tinted Windows or Windscreen:
   It is the law that the windows and windscreen of a PSV should not be tinted. A violation of this rule exposes the owner of the motor vehicle or the person at the time in control of the vehicle to a maximum penalty of Kshs. 3,000.
10. 10. Picking or Setting Down Passengers in a Place That Is Not a Bus Stop:
    It is important that drivers of the PSV’s pick up and set down passengers at designated bus stops. A driver violating this rule is liable to a maximum fine of Kshs. 1,000.

Conclusion

We are all encouraged to strictly follow traffic regulations as a sure way of keeping ourselves safe while using the road. However, we can only follow traffic regulations when we are aware of them. This article highlights some of those traffic regulations while addressing the legal repercussions of failure to follow traffic rules.

Please note that the list of minor offenses stated here is not comprehensive. To access the full list of minor offenses and the maximum penalties imposed, you can refer to the official source.