The Public Transport (Motorcycle Regulation) Bill, 2023, which recently underwent its first reading, introduces key measures aimed at regulating the commercial use of motorcycles (Boda Boda) in Kenya.
The bill introduces provisions for their registration, operation, and safety at the county level.
Clauses 4 to 6 of the Bill outline the creation, composition, and functions of the County Motorcycle Transport and Safety Board in each county.
The Board will be tasked with regulating, managing, and coordinating all matters related to the boda boda transport sector within the county.
A person who wishes to operate a motorcycle for commercial purposes in a county shall register with the Board.
An application for registration shall be made to the Board in the prescribed form and shall be accompanied by the prescribed fee
If enacted, no individual will be allowed to use a motorcycle for commercial purposes without registration in accordance with the Act.
Also Read: Boda Boda Rider Wins Ksh 3 million on Maybets Aviator
Mandatory Trackers and Training Courses for Boda Boda Riders
Furthermore, individuals must complete a training course approved by the Board before operating a boda boda.
The course covers safe and defensive riding techniques, traffic laws and regulations, customer care and etiquette, emergency handling, basic motorcycle maintenance, and security awareness.
If approved, every owner of a motorcycle shall ensure it is fitted with a tracking device, approved by the County Executive, that allows for real-time monitoring of the location of the motorcycle.
Under the proposed law, motorcycle owners engaging in commercial activities will be required to register with a Cooperative Society recognized under the Cooperative Societies Act.
The Cooperative must also ensure that no rider operates the motorcycle without holding a valid driver’s or provisional license for that class of motorcycle, along with a valid written employment contract.
Motorcycle Safety Gear Rules and Passenger Limits
Additionally, motorcycle owners are obligated to supply riders with helmets and reflective jackets that meet the standards set by the Kenya Bureau of Standards (KEBS).
To further enhance safety, riders of two-wheeled motorcycles must avoid carrying a load exceeding 50 kilograms or an adult passenger at the same time.
Passengers are also required to wear helmets and reflective jackets at all times while on the motorcycle. However, children under 13 years old may be carried, provided they are seated between the rider and the passenger.
Also Read: Parliament Goes After Lenders Issuing Motorbike Loans to Boda Boda Riders
Penalties and Fines
The Bill also imposes strict penalties for dangerous riding practices. Motorcyclists caught riding on pavements or pedestrian walkways could also face a fine of up to Ksh 20,000 or a six-month jail term, or both.
In cases of riders ganging up to intimidate or harm others, the penalties increase to a fine not exceeding Ksh 100,000 or imprisonment for up to one year.
Furthermore, the Bill limits the number of passengers a boda boda rider can carry. Only one passenger is permitted unless the motorcycle is a tricycle, in which case it may carry two passengers.
Lastly, motorcycles with an engine capacity exceeding 250cc will require specific authorization from the Board to operate on public roads.
Follow our WhatsApp Channel and join our WhatsApp Group for real-time news updates.
