Boda boda riders face stringent rules, fines in new Bill

Motorcycle operators should brace for stricter regulations following the approval of a proposed law.

The Senate has passed a Bill that seeks to set up a framework to regulate the boda boda sector, which has now been sent to the National Assembly for concurrence.

The draft law, sponsored by Senate Majority Whip Boni Khalwale, has proposed the introduction of new provisions for registration, operation and safety at the county level.

The proposal wants all boda boda riders registered and further provides for cross-county recognition of registration.

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The Khalwale Bill forbids a rider from operating unless they have successfully completed training, which must include approved courses in safe and defensive riding techniques, traffic laws and regulations, customer care and etiquette, handling of emergency situations, basic motorcycle maintenance and security awareness.

“Every owner of a motorcycle operating for commercial purposes shall not cause or permit any person to ride their motorcycle unless such person is the holder of a valid driving license or a valid provisional licence endorsed in respect of that class of motorcycles and a valid employment contract,” says the Bill.

The riders are required to observe all traffic rules as provided under the Traffic Act, including not parking on undesignated areas.

The proposed law says a person who rides on a pavement or pedestrian walkway, or in the opposite direction of traffic flow should be fined Sh20,000 or sent to jail for six months or to both.

The Bill states that any rider who gangs up with others to intimidate, threaten or harm another person in the event of an incident should pay a fine not exceeding Sh100,000 or jailed for one year, or both.

The Bill warns that a rider who knowingly carries a person who intends to commit an offence would be held liable for any offence committed.

The proposal also wants every boda boda rider to have two helmets, which comply with the standards established by the Kenya Bureau of Standards and are of the prescribed colour, and two reflective jackets.

The protective gear must be clean, dry and generally in wearable condition.

“A boda boda rider should not carry more than one person at a time; he should ensure that the passengers are carried on a proper seat with foot rests securely fixed to the motorcycle behind the rider’s seat; ensure that a passenger sits astride the motorcycle; ensure that the headlights of the motorcycle are on at all times when riding.”

The Bill allows children less than nine years old to be carried together with an adult “provided the child is seated between the rider and the adult and wears a helmet”.

According to the Bill, no passenger should use a motorcycle carrying a load exceeding 50 kilograms.

Khalwale seeks to have the boda boda riders ensure the rear number plates are visible at all time, and just like vehicles, they should overtake on the right hand side and not on the same lane occupied by a vehicle being overtaken.

A rider, according to the proposal, should not carry a load which projects to the rear beyond the maximum length of the motorcycle by more than 60 centimetres. The width should not project more than 15 centimetres.

Loads must not weigh more than 30 kilograms for a motorcycle whose capacity does not exceed 50cc.

The proposed County Transport and Safety Board would establish regulations for the use of motorcycle ambulances.

Khalwale said the board would monitor the use of motorcycle ambulances to ensure compliance with the regulations and requirements.