Kakamega Senator Boni Khalwale has filed a bill in parliament seeking to have tougher regulations meted on Boda Boda riders in the country.
The senate majority whip sponsored the Public Transport (Motorcycle Regulations) Bill, 2023 proposing to put in place a legal framework to regulate the use of boda bodas for commercial purposes at the county level.
If the bill is passed, rogue tendencies of some boda boda operators will attract tougher sanctions as it proposes fines and jail term for offenders within the sector.
For instance, ganging up against other motorists to intimidate, threaten or harm them could attract up to Ksh 100,000 fine or imprisonment for a term not exceeding one year or both.
Likewise, if senator Khalwale’s bill becomes law, any boda boda operator riding on a pavement, pedestrian walkway or any other area not designated for motorcycle use will be slapped with a Ksh 20,000 fine or imprisonment for a term not exceeding six months or both.
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Senator Khalwale in his bill also seeks to regulate the ferrying of luggage by boda boda riders.
For bikes below 400cc, riders will not be allowed to carry luggage that weighs more than 50kgs, have a height exceeding 2 meters from the ground and a width more than 15cm beyond the end of the handlebars.
Khalwale Safety Regulations proposals
Moreover, the bill provides for mandatory training of motorcycle operators, obtaining valid licenses as well as having protective gear for themselves and their passengers.
In terms of using motorcycles, passengers are directed to sit astride the boda boda.
Similarly, the bill is seeking to outlaw carrying more than one passenger in a motorcycle unless it is a child as well as banning the ferrying of luggage and a passenger at once.
The senate majority whip also proposed that boda boda owners and hired riders enter into a written agreement contract.
County Motorcycle Transport and Safety Board
Further, to regulate the sector, the Kakamega senator proposed the establishment of a County Motorcycle Transport and Safety Board in every county.
According to Khalwale, the board will be responsible for developing policies, regulations, and guidelines on motorcycle transport and safety matters within the county.
The proposal requires boda boda operators to register with this county board if the bill becomes law.
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Additionally, the County Motorcycle Transport and Safety Board will be tasked with conducting research, collecting data on transport and safety matters within the county, developing and implementing programs to promote road safety, including training and education of riders and passengers.
“No person shall use a motorcycle for commercial purposes in a county unless it is registered in accordance with this Act. A person who wishes to operate a motorcycle for commercial purposes in a county shall register it with the Board,” reads the bill in part.