Legislation

The National Transport and Safety Authority (Transport Network Companies, Owners, Drivers and Passengers) Regulations of 22 June 2022 under the National Transport and Safety Authority Act 2012

Country: Kenya

Jurisdiction: National

Authority: The National Transport and Safety Authority (NTSA) under the Ministry of Transport.

Legislation type: Executive regulation

Binding: Yes

Source: Visit page

Date of adoption: 2022

Legal Status: In force

Platform(s): (Location-based) Taxi or ride-hailing

Summary

These Regulations regulate the provision of transport network services by transport network drivers through transport network platforms. They apply to transport network companies, owners, drivers, and passengers (Articles 3 and 4).

Additional provisions may be contained in the original Regulations that are not covered in this summary. For complete information, please refer to the full text of the Regulations.

Thematic areas

Article 19. 1. Each transport network vehicle shall, before it is used to offer transport network services- (a) have a valid vehicle insurance cover; (b) have a valid certificate of roadworthiness; and (c) not be more than sexteen years from the date of manufacture.

2. Each transport network vehicle used to offer transport network services shall - (a) at all times, be maintained in such condition as to ensure its safe operation and the safety of transport network passengers; and (b) be equipped with a hands-free accessory for mobile devices. (...)
Article 15. 1. A transport network company shall, before deactivating, suspending or removing a transport network vehicle owner or a transport network driver from the transport network platform: (a) ensure that the deactivation, suspension or removal complies with the duly submitted transport network company's deactivation, suspension or removal policy: (b) give adequate notice to the transport network vehicle owner or transport network driver in writing of the intention to deactivate, suspend or remove the owner or driver from the transport network platform and the reasons thereof; (c) afford the transport network vehicle owner or transport network driver with adequate opportunity to challenge the deactivation, suspension or removal; and (d) give the transport network owner or transport network driver written reasons for its decision to deactivate, suspend or remove the owner or driver from the transport network platform.

2. The transport network company shall notify the Authority of the deactivation, suspension or removal of a transport network vehicle owner or a transport network driver from the transport network platform within seven days after the deactivation, suspension or removal.

3. The Authority shall publish on its website and in any other appropriate medium the details of transport network drivers or transport network owners who have been deactivated, suspended or removed from a transport network platform, and the reasons for the deactivation, suspension or removal.

4. The transport network company's deactivation, suspension or removal policy shall provide for - (a) the conditions for the deactivation, suspension ro removal of a transport network driver or transport network owner from the transport network platform; (b) in the case of suspension, the duration of suspension of a transport network driver or transport network owner from the transport network platform; and (c) the conditions and procedure for the reactivation and reinstatement of a transport network owner or transport network driver who was deactivated, suspended or removed from the transport network platform.
Article 14. 5. A transport network company shall put in place measures to guarantee the security, protection and privacy of the transport network driver and transport network passenger.

6. The personal information of the transport network driver and transport network passenger collected, processed or otherwise used in relation to a transport network service shall be protected, processed or otherwise used in accordance with the Data Protection Act (...)
Article 14. 10. A transport network company shall configure its transport network platform to ensure that after eight hours of continuous services in a twenty-four-hour period, the driver shall log out of the platform for at least four consecutive hours.

Article 21. 7. A transport network driver shall not offer or provide transport network services for more than eight continuous hours in a twenty- four-hour period.