A new bill, the Public Transport (Motorcycle Regulation) Bill, 2023, aims to regulate the commercial use of motorcycles (Boda Bodas) across Kenya. The proposed measures address critical aspects such as registration, safety, and operation at the county level.
If enacted, the bill, introduced recently, will require anyone wishing to operate a motorcycle for commercial purposes to first register with the County Motorcycle Transport and Safety Board, which will be established in each county.
The Board will be responsible for overseeing the management and coordination of all matters related to the boda boda sector within the county.
To register, riders will need to submit an application to the Board, complete with the necessary fee. Without registration, no one will be allowed to operate a motorcycle for commercial use. Additionally, all riders must complete a training course approved by the Board before hitting the roads. This mandatory course will cover essential topics like safe and defensive riding, traffic laws, customer care, emergency handling, and basic motorcycle maintenance.
The bill also stipulates that motorcycle owners must fit their bikes with a tracking device approved by the County Executive, enabling real-time location monitoring. Furthermore, to ensure better organization within the sector, owners engaging in commercial activities will need to register with a Cooperative Society recognized under the Cooperative Societies Act.
This will help maintain standards and ensure the rider has the proper legal documentation, including a valid driver’s or provisional license for their class of motorcycle, and a written employment contract.
Bodaboda Safety Gear Rules and Passenger Limits
Safety is a top priority in the new bill. Motorcycle owners are obligated to provide riders with helmets and reflective jackets that meet Kenya Bureau of Standards (KEBS) requirements. In addition, riders will not be allowed to carry a load exceeding 50 kilograms or an adult passenger at the same time.
Passengers will also be required to wear helmets and reflective jackets during the ride. Children under 13 may be carried, but only between the rider and the passenger, ensuring their safety is prioritized.
The bill introduces tough penalties for dangerous riding practices. Motorcyclists caught riding on pavements or pedestrian walkways face fines of up to Ksh 20,000, a six-month jail term, or both. If riders gang up to intimidate or harm others, the penalties are even more severe, with fines reaching up to Ksh 100,000 or imprisonment for up to one year.
To further regulate the sector, the bill limits the number of passengers a boda boda rider can carry. Only one passenger is permitted, unless the motorcycle is a tricycle, in which case two passengers can be carried.
Lastly, motorcycles with engine capacities over 250cc will require special authorization from the Board to operate on public roads.
This bill is a significant step towards ensuring safer, more regulated boda boda operations across Kenya, improving rider and passenger safety while promoting accountability within the sector.
