Davido Digital Solutions

The Motor Vehicle Inspection Regulations, 2023

1. These regulations may be cited as The Motor Vehicle Inspection Regulations, 2023.

2. In these Regulations, unless the context otherwise requires –

“Act” means the Traffic Act, Cap 403, 2012;

“All Terrain Vehicles” means a wheeled or tracked vehicle designed for travel primarily on unprepared surfaces such as open country and but does not include an implement of husbandry or construction machinery and is not intended for use on public roads.

“Authority” means the National Transport and Safety Authority established under section 3 of the Act;

“Cabinet Secretary” means the Cabinet Secretary responsible for matters relating to transport.

“Centre” means a place of business duly licensed by the Authority under this Regulation to conduct periodic vehicle inspections.

“Centre License” means a vehicle inspection centre license issued by the Authority under this Regulation;

“Inspector” means a person licensed by the Authority to perform inspections pursuant to these regulations;

“Inspector license” means a vehicle inspection inspector license issued under this Regulation;

“Modification inspection” means an inspection which a motor vehicle must receive when there are changes in the length, height, width, maximum payload and other major specifications.

“Motor Vehicle Inspection Procedure Manual” means the manual approved and issued by the Authority that sets out the procedures and standards to be followed in the inspection process. “Periodic inspection” means an inspection which a motor vehicle must receive when it is to be operated continually after the term of validity of the motor vehicle inspection certificate has expired

“Quality Assurance Officer” means a person authorised by the Authority to ensure the quality of inspection and adherence to this regulation.

Vehicles requiring inspection.

3. (1) All private vehicles which are more than four years old from the recorded date of manufacture shall undergo a motor vehicle inspection test after every two years.

Provided that all private vehicles imported to the country shall be exempt from the requirement of inspection for two years from the date of registration in Kenya provided that they have been inspected prior to importation by the Kenya Bureau of Standards or their agents

(2) All Commercial Vehicles, Public Service Vehicles, Driving School Vehicles and School Buses shall undergo a pre-registration inspection before registration and an annual periodic motor vehicle inspection thereafter.

(3) All salvage vehicles shall undergo a salvage motor vehicle inspection after the necessary repairs and upgrade are carried out and an annual periodic inspection thereafter.

(4) All vehicles involved in an accident may be subjected to a motor vehicle inspection test.

(5) All vehicles which undergo any changes in the length, height, width, maximum payload, vehicle color, engine swap, and other major structural or mechanical changes shall be subject to a modification inspection.

(6) No provision of this regulation shall affect the right of a police officer to inspect any vehicle under the provisions of section 105 (1) of the Act

For purposes of clarity, vehicles requiring inspection under Regulation 3(1) includes private, national and county government vehicles, motorcycles but does not include army vehicles, police armoured vehicles, presidential vehicles, tractors used exclusively for agricultural purposes, golf carts, motorised pedal cycles and all-terrain vehicles.

Motor Vehicle Inspection Tests.

4.(1) All motor vehicles shall be inspected in accordance with Kenya Standard 1515 and the motor vehicle inspection procedure manual issued by the Authority.

(2) In addition to the Kenya Standard 1515, all inspection Centers and inspectors shall be bound by the standards listed in the Second Schedule, any other standard adopted by the Kenya Bureau of Standards as the Kenya Standard from time to time and any other relevant legislation.

(3) Where any part required to be inspected does not meet the standards prescribed by these regulations or is missing, the vehicle shall not be issued with an inspection certificate.

Inspection Report and Certificate.

5. (1) Inspection report and certificate shall be issued when a motor vehicle or a trailer passes an inspection.

(2) A motor vehicle or a trailer that does not pass an inspection shall be issued with a defects inspection report.

Re-Inspection test.

6. (1) Where a vehicle fails an inspection, the owner of the vehicle shall cause all necessary repairs to be made and within fourteen days of the date of inspection, the owner shall return the vehicle for re-inspection to the same center at no cost.

(2)If the owner of a vehicle requiring re-inspection exceeds the fourteen day period or goes to a different inspection center, the owner shall be liable to payment of the prescribed inspection fee.

(3) Where a vehicle has failed to pass a periodic inspection, the owner of that vehicle may operate the vehicle for a period not exceeding fourteen days from the date of inspection for purposes of facilitating the repairs of the vehicle.

For purposes of clarity of subsection (3), the operation of the vehicle in the case of public service and commercial vehicles does not include the carriage of passengers and/or goods as the case may be.

Vehicle Inspectors

7 (1) A person shall not inspect a vehicle for the purpose of the issuance of a motor vehicle inspection certificate unless that person

(a) holds a valid inspector license for that class of vehicle and

(b) has conducted an inspection of the vehicle in accordance with these Regulations.

(2) A person desirous of being an inspector shall make an application to the Authority and shall be accompanied with the fee as prescribed in the First Schedule.

(3) For an applicant to be eligible to be issued with an inspector license, the applicant must meet the minimum conditions:-

(a) Have a diploma in motor vehicle engineering, mechanical, automotive engineering or its equivalent from a recognized institution.

(b) Have experience in the motor industry for a minimum of three years on vehicle repairs or vehicle body works or vehicle service or vehicle inspections;

(c) Have successfully undertaken an entry exam conducted by the Authority;

(d) Have a valid certificate of good conduct;

(e) Have a valid driving license;

(4) A inspector license shall be valid for a period of one year from the date of issue or renewal thereof, as the case may be.

Responsibility of the Vehicle Inspection inspector.

8. It shall be the responsibility of the motor vehicle inspector to ensure:

1. The verification of the registration details of the motor vehicle or trailer presented for inspection.

2. The inspection of the motor vehicle or trailer as per Kenya Standard 1515 and standards listed in the Second Schedule, any other standard adopted by the Kenya Bureau of Standards as the Kenya Standard from time to time and the motor vehicle inspection manual issued by the Authority.

3. The proper validation and affixation of an inspection certificate and issuance of a defects inspection report where applicable.

Production of license.

9. (1) A inspector shall produce their license for inspection when requested to do so by

(a) A person approved by the Authority to conduct an audit of a center, (b) A person who submits a vehicle to be inspected under this Regulation, or

(c) A person who engages or proposes to engage the services of the inspector.

Suspension and/or Revocation of an inspector license.

10. (1) The Authority may suspend, revoke, or refuse to issue or renew a inspector’s license or vary the terms and conditions of the license for any of the following causes:-

(a) The license holder made a false statement in the application for the license or renewal of the license,

(b) The license holder conducts inspections in a manner contrary to these Regulations and the motor vehicle inspection manual.

(c) the license holder engages in corrupt practices or activities.

(2) Before exercising any of the powers conferred by subsection (1), the Authority shall give reasonable opportunity to the license holder to make representations concerning the proposed exercise and shall then hear and consider any such representations.

(3) Where an inspector’s license is revoked or varied under this rule, the Authority shall notify the license holder accordingly and shall require them, within three days after the date of the notification, to surrender the inspector’s license.

Routine Inspection of Inspectors.

11. (1) The Authority may authorize persons to carry out the functions of a quality assurance officer under these Regulations.

(2) The quality assurance officer shall assesses the following during their assessment:-

(a) qualifications and suitability of the inspector to perform inspections for the types of motor vehicles specified in the license,

(b) compliance or adherence to the relevant standards and the motor vehicle inspection procedure manual,

(c) adequacy of record management,

d) complaints relating to the inspector.

Privately Owned Vehicle Inspection Centre

12. The Authority shall license privately owned vehicle inspection centers to conduct motor vehicle inspection tests under a fee sharing arrangement upon payment of the license fee specified in the First Schedule

Applications.

13.(1) The Authority shall only consider applications for a privately owned vehicle inspection center when the Authority advertises for such applications.

(2) The Authority shall only issue a privately owned vehicle inspection center license to the applicant if the Authority is satisfied that

(a) The proposed center meets the space and equipment requirements as may be prescribed from time to time.

(b) The proposed center is not/shall not be engaged in the business of repair of vehicles at the Inspection Centre.

(c) The proposed center is not a motor vehicle dealer or assembler.

(3) A privately owned vehicle inspection center license shall only authorize the use as the inspection center the premises named therein and no other premises shall be considered to be so authorized by such license.

(4) Before issuing or renewing a center license the Authority shall cause the premises mentioned in the application to be inspected by the Authority in order to ascertain whether or not such premises meet the requirements set out .

Restrictions on privately owned inspection centers.

14. (1) A person or body corporate shall not operate more than three privately owned vehicle inspection centers.

(2) A privately owned vehicle inspection center license shall only authorize the use as the inspection center the premises named therein and no other premises shall be considered to be so authorized by such license.

Validity and Renewal.

15.(1) A privately owned vehicle inspection center license shall be valid for a period of three years from the date of issue renewable.

(2) Before renewing a center license the Authority shall cause the premises mentioned in the application to be inspected by the Authority in order to ascertain compliance with these regulations.

Responsibility of privately owned vehicle inspection centers operators.

16. The owner, operator or person responsible for the operation of the station shall:-

(1) ensure that the motor vehicle inspection fees charged at the center are not above or below the fees prescribed in the First Schedule.

(2) ensure that no certificate of inspection is issued unless the vehicle has been inspected as per these Regulations and has passed such inspection.

(3) ensure the employment of only vehicle inspectors who are duly licensed by the Authority.

(4) not allow a person other than the licensed motor vehicle inspector to complete, fill out, sign or otherwise mark in or on a vehicle inspection certificate an inspection certificate or a renewal certificate.

(5) notify the Authority within 24 hours of a change in employment of licensed inspection inspectors.

(6) ensure the display of the schedule of motor vehicle inspection fees in an area visible to the public.

(7) not issue any certificate of inspection for a class of vehicle the center is not licensed to inspect.

(8) to ensure that each inspector employed at their center is supplied with a copy of the relevant standards and the motor vehicle inspection procedure manual and ensure that operations at the center are in accordance with the motor vehicle inspection procedure manual

(9) maintain inspection records for examination by any authorized person upon request.

(10) be responsible for maintaining all supplies issued by the Authority in good condition and shall take particular care to ensure that they are safeguarded against theft, loss or damage.

(11) Upon termination of the center license, immediately return all inspection materials issued by the Authority.

(14) ensure that inspections are only conducted in the licensed premises.

(15) ensure that the center is at all times equipped with the prescribed tools and equipment.

(16) ensure that the Authority is immediately notified of any vehicle presented for inspection whose registration details are inaccurate or contain any inconsistencies between the vehicle and registration certificate.

Suspension and revocation of center license.

17. (1) The Authority may suspend, revoke, or refuse to issue or renew a center license or vary the terms and conditions of the license for any of the following causes:-

(a) The license holder made a false statement in the application for the license.

(b) The license holder fails to maintain, provide or submit information to the Authority as required under these Regulations.

(c) The license holder fails to comply with the minimum conditions stipulated in the Third Schedule.

(d) The license holder contravenes any of the obligations listed in regulation 16.

(e) The license holder fails to comply with the motor vehicle inspection procedure manual and applicable standards.

(f) The licensee contravenes any of the conditions listed in the license or these Regulation.

(2) Before exercising any of the powers conferred by subsection (1), the Authority shall give reasonable opportunity to the license holder to make representations concerning the proposed exercise and shall then hear and consider any such representations.

(3) Any person aggrieved by a decision to suspend a license may appeal to the Appeals Board.

(4) The Authority may lift the suspension of any license where the license holder remedies the reason for which the license was suspended.

Records.

18(1) A center shall keep copies of licenses of all vehicle inspectors employed at the center, all certificates and records of inspections issued by that center for a period of five years in a format and medium to be prescribed by the Authority.

(2)The Authority or an authorized officer may examine or copy the records or documents kept by a licensee of a center under this Regulation.

Routine Inspection of Inspection Centers.

19. (1) The Authority may direct a quality assurance officer to inspect a center and the work carried out in the center and to report the results of the investigation to the Authority on the following:

(a) suitability of the center to perform inspections for the types of motor vehicles specified in the license,

(b) compliance or adherence to the procedures contained in the Centre Operating Manual,

(c) adequacy of record management,

(d) qualifications of persons engaged in inspections,

(e) any complaints.

20.(1)The Authority may without prior notice, during a center’s business hours, enter and audit the center to determine compliance with the center license and this Regulation.

(2) The Authority may direct a licensee to provide any information and records in the possession or control of the licensee that, in the opinion of the Authority, are pertinent to the administration of this Regulation.

Non Transferability of Licenses.

21. No person shall transfer a certificate of inspection from the vehicle for which it is issued to any other motor vehicle.

Offences

22. (1) It is an offence for any person

(a) to operate, or being the owner to permit another person to operate, a vehicle required to be inspected unless the vehicle has been inspected and displays a valid inspection certificate;

(b) to be in possession of any inspection certificate that has not been issued to a particular vehicle registered in his name and is not properly affixed to that vehicle;

(c) to alter any inspection certificate;

(d) to draw, prepare or manufacture any inspection certificate purporting to have been issued by an inspection center which has not been issued by an official inspection center;

(e) to be in possession of or use any such inspection certificate knowing the same to have been so altered, drawn, prepared or manufactured;

(f) to use on a vehicle an inspection certificate which has been issued to another vehicle

(h) to alter in any way any vehicle inspection report issued by an official inspection station or any official extension permit;

(l) to carry out any action that circumvents the requirements and intent of these regulations.

(2) A person who contravenes any provisions of these Regulations commits an offence and is liable on conviction to a fine not exceeding Kenya shillings 1,000,000 or imprisonment not exceeding 6 years or both in addition to any administrative action the Authority is empowered to take.

Previous Post Next Post
Davido Digital Solutions