Traffic police officers stop motorists at a checkpoint along Nairobi - Nakuru Highway in May 2020.
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The National Transport and Safety Authority (NTSA) has published proposed traffic rules aimed at curbing drunk driving on Kenyan roads. In the Traffic (Drunk Driving) Rules, 2022, motorists will have their driving licenses suspended for six months should it be established that they were drunk diving. However, the six-month suspension is more strict for Public Service Vehicles (PSVs), school bus drivers and commercial vehicle drivers. "Any driver of a public service vehicle, commercial service vehicle or school transport service vehicle found to be driving while having consumed any alcohol shall have their driving license suspended for six months," read the proposed rules.
School bus involved in a road accident.
Additionally, the proposed alcohol limit for matatu and bus drivers is zero, meaning that any alcohol trace in the driver's body will see him or her penalised. On the other hand, private vehicle drivers will face suspension should they have been convicted for traffic offences twice a year. In the proposed rules, motorists will have the option of providing urine or blood samples for alcohol limit tests apart from the breathalyser test. Private vehicle driver's alcohol limit is proposed as follows 35 microgrammes of alcohol in 100 millilitres of breath, 80 milligrammes of alcohol in 100 millilitres of blood, or 107 milligrammes of alcohol in 100 millilitres of urine. Alcohol Tests Police will have leeway in the proposed rules to conduct a breathalyser test should they suspect that a motorist is drunk. In cases of accidents, police will also have the authority to use alcoblow if they believe that the driver behind the wheel is under influence. "Alcohol test results that indicate a driver of a vehicle other than a has exceeded the prescribed limits shall be evidence for the purposes of sections 44(1) of the Traffic Act that the person is incapable of having proper control of a mechanically propelled vehicle," read the act in part. Under the Traffic Act, section 44, first offenders face a fine not exceeding Ksh10,000 or imprisonment for a term not exceeding three months. Subsequent conviction has a fine not exceeding ksh20,000 or a jail term not exceeding six months or both. Refusal to take a breathalyser test In the event a motorist declines to take a breathalyser test, he or she will be deemed to be under the influence and penalised. "A police officer shall always ensure that the use of the breathalyzer device is hygienic by ensuring the single use of a breathalyzer straw for each individual driver being tested. "The police shall ensure that the breathalyzer device is at all times properly calibrated according to the manufacturer’s directions," read the proposed law. The new rules are currently at the public participation stage with NTSA calling on Kenyans to give their views on the same. Public participation across the country will commence on November 28 and end on December 16.
A police officer subjects a man to an alcoblow along Mombasa road in June 2016.