The Public Transport (Motorcycle Regulation) Bill 2023 will introduce new rules for boda bodas that give county governments across the country greater powers to regulate the use of motorcycles in Kenya by introducing new provisions for their registration, operation, and safety.
If passed, the Bill proposed by the Senate Roads and Transportation Committee will introduce new provisions for their registration, operation, and safety and provide for the establishment, composition, and functions of the County Motorcycle Transport and Safety Board in every county.
The Bill provides that the Board shall be responsible for the regulation, management, and coordination of all matters relating to the bodaboda transport sector within the county.
A core function of the Board would be managing and controlling motorcycle transport services within the county, including registration and licensing of motorcycle riders, designated parking, and routes.
Police Officer arrests Boda Boda Operator in a previous crackdown
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Mount Kenya Times
In that regard, the Board shall receive applications for registration from boda boda riders and owners wishing to operate a motorcycle for commercial purposes in the county that will be accompanied by the prescribed fee.
Consequently, the Board shall issue a certificate of registration to the applicant if it is satisfied that the motorcycle meets the requirements prescribed under the Act.
Any person found guilty of violating the requirement of registration shall be liable on conviction to a fine not exceeding Ksh20,000 or imprisonment for a term not exceeding six months or both.
Another function of the Board would be developing policies, regulations, and guidelines on motorcycle transport and safety matters within the county. In addition, the Board will be key in ensuring compliance with the provisions of this Act and any other laws related to the transport sector within the county.
The Board will also be responsible for developing and implementing programs to promote road safety, including training and education of riders and passengers.
To this effect, the Board will be required to develop a training course that all boda boda riders will be obligated to complete to be allowed to operate a motorcycle.
Additionally, the Board will need to ensure that training courses in authorised driving schools include training on safe and defensive riding techniques, traffic laws and regulations, customer care and etiquette, handling of emergencies, basic motorcycle maintenance, and security awareness and precautions.
The 10-member Board shall consist of a chairperson appointed by the county governor, the county executive committee member for transport, the county executive committee member for finance, the County Attorney, and the County Police Commander or a representative designated in writing.
Other members are four persons appointed by CECM Transport and two persons appointed by the transport boss to represent groups with special interests in the motorcycle transportation industry.
If implemented, the Bill might have a knock-on effect on the boda boda industry, which is a major cog in the transport sector. Potential ramifications may be seen in the pricing of boda boda services and compliance. Boda boda associations are yet to respond to these proposed regulations.
Bodaboda Safety Association of Kenya during a meeting on May 16, 2024.
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Bodaboda Association of Kenya