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, 2023, motorists caught under the influence shall face a fine not exceeding Ksh100,000 or imprisonment for a term not exceeding two years or both.
In addition, the driving license shall be suspended for six months. This law, however, refers to drivers of a public service vehicle, commercial service vehicle, or school transport service vehicle.
On the other hand, private vehicle drivers will face a six-month suspension should they have been convicted for traffic offenses more than once a year.
“No person shall drive, attempt to drive or be in charge of a motor vehicle on a road or other public place if the person has consumed alcohol in such quantity that the blood alcohol concentration in his body is beyond the prescribed limit,” read part of the draft law.
Alcohol Tests
Under the proposed laws, police officers are allowed to conduct a breathalyzer test should they suspect that a motorist is under the influence.
This is inclusive of cases of accidents whereby the authority is allowed to use alcoblow to assess whether the driver was capable of handling a vehicle.
Through the Ministry of Transport in conjunction with the Kenya Bureau of Standard (KEBS), a device shall be approved to measure the proportion of alcohol in a person’s blood from a specimen of breath provided by the person.
The officer is, however, required to maintain proper hygiene when using the breathalyzer by ensuring the use of a breathalyzer straw for each motorist being tested.
The devices are also required to be properly calibrated according to the manufacturer’s directions.
Refusal to provide specimen.
In the event a motorist declines to take a breathalyzer test, he or she will be deemed to be under the influence and penalized.
Such motorists are liable to a fine not exceeding Ksh100,000 or face a jail term not exceeding two years or both.
Source: kENYANS.CO.KE