THE TRAFFIC ACT (Cap. 403)

Transcription

1 LEGAL NOTICE NO. THE TRAFFIC ACT (Cap. 403) IN EXERCISE of the powers conferred by section 119 (1) (ga) of the Traffic Act, the Cabinet Secretary for Transport Infrastructure Housing and Urban Development makes the following Rules THE TRAFFIC (DRIVING SCHOOLS AND DRIVING INSTRUCTORS) RULES, 2018 PART I-PRELIMINARY Citation. Interpretation. 1. These Rules may be cited as the Traffic (Driving School and Driving Instructors) Rules, In these Rules, unless the context otherwise requires appropriate fee means the fee specified in regard to that matter in the Second Schedule; No 33 of No 33 of appeals board means the Transport Licensing Appeals Board established under section 39 of the National Transport and Safety Authority Act; authority means the National Transport and Safety Authority established under section 3 of the National Transport and Safety Authority Act; cabinet secretary means the Cabinet Secretary for the time being responsible for matters relating to Transport; certificate of competence means a certificate issued by the test examiner to the effect that the person named therein has successfully undertaken a driving test; driving instructor means a holder of a valid instructor s licence; driving school means an establishment set up or maintained under the authority of a valid school licence for the purpose of offering, for a fee, instruction on the driving of motor vehicles; driving test means a test conducted by an examiner to test the

2 competence of the person tested inspector means the person designated as such by the Authority; instructor license means a license issued under Rule 14 authorizing the holder, for gain or reward, to engage, or hold himself out as being willing to engage in the teaching of the theory and practice of driving motor vehicles; licensing officer means the person appointed as such by the Authority to issue driving licences; medical certificate means a certificate signed by a medical practitioner registered by the Kenya Medical Practitioners and Dentists Board and accredited by the Directorate of Occupational Safety and Health Services; proprietor means the owner of a driving school; pupil means a person who is under instruction in the theory or practice of driving a motor vehicle by a driving instructor or driving school; school licence means a licence issued under rule 4 authorizing the holder to set up or maintain an establishment for the purpose of offering, for a fee, instruction on the driving of motor vehicles; vehicle inspection report means a report made by a person authorized by the Authority stating that following an examination, the person is satisfied that the vehicle specified in the report is suitable in all respects for use in the teaching of the practice of driving motor vehicle of the class concerned. Application. 3. These rules apply to driving schools, driving instructors and to the issuance of driving licenses in Kenya. PART II -DRIVING SCHOOLS Licensing of driving schools. (a) (1) A person shall not set up or maintain an establishment, or use any premises for teaching, for gain or reward, the theory and practice of driving motor vehicles by the use of motor vehicles which belong to or are hired by or on behalf of such person or establishment without a valid driving school licence. (2) An application for a driving school licence shall be made to the

3 Authority in the form prescribed in the First Schedule and accompanied by (b) the fee set out in the Second schedule; (c) an original and copy of the certificate of registration of the applicant; (d) a title, lease or rental agreement of premises from which the driving school intends to operate from; (e) evidence of availability of manoeuvring yard for use by the driving school for training of learners who have not obtained a learner s permit. (f) a list of driving instructors including copies of their driving instructor licences; (g) a list of the equipment and facilities available at the proposed school to be used for instruction the of learners; (h) a list of vehicles to be used by the school for instruction together with a vehicle inspection report dated not earlier than one month prior to the date of the application, of every motor vehicle; (i) a current comprehensive insurance cover for all the vehicles with a driver training school endorsement; and (j) such other information as may be necessary for the consideration of the application and as determined by the Authority. Validity of driving school licence. Power of Authority. 4. A driving school licence shall be valid for one year from the date of issue and may be renewed. 5. (1) Upon considering an application for a driving school licence, the Authority may (a) reject the application; or (b) issue a driving school licence with or without special conditions and ensure that any special conditions attached to the approval are duly endorsed on the licence. Inspection of premises. 6. (1) In considering an application for a driving school licence for a new or existing driving school, the Authority shall designate an inspector to carry out inspections of the premises referred to in the application as the intended

4 location of the proposed school to ascertain whether the premises are suitable and adequately equipped for the purposes of the proposed school. (2) In determining the suitability of a proposed school under paragraph (1), the Authority shall consider the availability of (a) a reception area and waiting area; (b) a theory class room with a minimum seating capacity of eight students of which each has a space of at least two metres square; (c) toilets for both men and women; (d) at least one model town board per theory room in the design approved by the Authority; (e) displayed road sign posters in the design approved by the Authority; Administration and staffing. 8. (1) A driving school shall have a school manager who shall (a) ensure the preparation of all teaching materials according to the curriculum; (b) oversee the preparation and conducting of all internal exams; and (c) perform all record keeping and reporting obligations of the school. (2) A driving school shall have a minimum of two instructors. Restriction on use of driving school license. 9. (1) A driving school licence (a) shall exclusively authorize the use of the premises named therein as a driving school; and (b) is not transferable. (2) A driving school branch licence may be issued by the Authority in accordance with the requirements provided in these Rules. (3) Training premises at a location other than the primary site listed in the driving school license application shall be licensed separately as a

5 branch. Documents to be displayed. 10. A driving school shall prominently display in its training premises (a) the driving school licence issued by the Authority; (b) copies of the driving instructor licences of all instructors employed by the school; and (c) the regular office hours. Records. 11. (1) A driving school shall keep and maintain records and reports of the business activities of the driving school in hard or electronic format in a secure location for a period of at least three years. (2) The records kept under paragraph (1) shall include (a) names and copies of the instructor license of all instructors employed; (b) driving school vehicles insurance and inspection records; (c) attendance register of all pupils; and (d) record of all internal test examinations conducted. (3) The school shall make these records available to the Authority upon request. (4) A driving school shall by 31 st January of every year, submit to the authority either in electronic or written form, an annual report for the immediately preceding calendar year in a format that the Authority shall prescribe. (5) A driving school shall immediately notify the Authority in writing of any vehicular accident involving a training vehicle resulting in a fatality. Driving school inspectors. 12. (1) The Authority shall appoint such number of driving school inspectors as it may consider necessary for the proper administration of these Rules. (2) An Inspector may (a) enter the premises of a driving school during the regular

6 hours of business of the school to (i) examine books, records, vehicles or other equipment used by or pertaining to the school; or (ii) ascertain the standard of instruction given by the school; and (b) accompany a driving instructor engaged in giving instruction to a pupil, on behalf of a driving school, to examine and report on the standard of instructions given by the instructor. (3) During an inspection, the proprietor, manager or person in charge of the school shall cooperate with the Inspector and shall on request, produce student records, instructional material and any other items necessary to complete the inspection. Suspension, revocation or variation of a driving school license. 13. (1) The Authority may suspend, revoke or vary any of the terms or conditions a driving school licence if it is satisfied that (a) the instructions given at the school does not adhere to or are not based on the approved curriculum issued by the Authority; (b) a motor vehicle being used for any of the purposes of the licence is not suitable for that purpose; (c) the school employs, hires or allows a person not licensed by the Authority as instructors to give driving training and instruction to the pupils; (d) the proprietor, manager or person in charge of the school has within any period of three years been twice convicted of offences under these Rules; or (e) the school contravenes any provisions in these Rules. (2) In exercising any of the powers conferred under paragraph (1), the Authority shall (a) give reasons for the action; (b) give the proprietor, manager or person in charge of the school an opportunity to make representations concerning the proposed exercise; and

7 (c) hear and consider any such representations. PART III - DRIVING INSTRUCTORS Licensing of driving instructors. 14.(1) A person shall not, for gain or reward, teach the theory or practice of driving a motor vehicle unless that person has a valid instructor s licence issued by the Authority: Provided that, this regulation shall not apply to any person solely by reason of (a) any article contributed by him to a newspaper or other periodical publication; or (b) any advertisement made by or on behalf of the proprietor of the driving school. (2) A person may apply for an instructor s licence if that person meets the minimum conditions for the relevant class of vehicles. (3) An application for an instructor s licence shall be made to the Authority and shall be accompanied by (a) the fees prescribed in the Second Schedule; (b) Application form prescribed in the Sixth Schedule. (c) a copy of the applicant s identification card or any other legal identification document; (d) a valid certificate of good conduct for the applicant; (e) the original and copy of a valid driving licence; and (f) a duly completed medical certificate in the format prescribed by the Authority. (4) After consideration of an application for an instructor s licence, the Authority may- (a) reject the application; or (b) issue an instructor s licence with or without special conditions. Validity of Instructors licence. 15. An instructor s licence shall be valid for a period of one year from the date of issue or renewal. Approved driver 16. Upon approval of the application for an instructor s licence, the

8 instructor register. Authority shall (a) allot an identifying number to the successful applicant; and (b) enter the applicants details in the licensed driving instructor register which shall contain (i) the holders full name; (ii) the class in which the person is licensed to instruct; (iii)the identifying number; (iv) the validity period; and (v) the details of any suspension, revocation or variation of terms and conditions of instructor license. Requirement to carry instructor license. 17.(1) A driving instructor shall carry their instructor licence at all times when instructing a pupil and shall produce it for examination when requested by an authorized officer of the Authority or a police officer. (2) A driving instructor shall not instruct a pupil on any class of vehicle which the instructor is not authorized under his instructor s certificate to give instruction. Suspension, revocation or variation of an instructor license. 18.(1)The Authority may suspend, revoke, refuse to issue or renew an instructor s licence or vary the terms and conditions of an instructor s licence if (a) the instruction given by the instructor does not adhere to or is not based on the curriculum approved by the Authority; (b) the instructor is for any reason incapable of giving proper instruction in the theory or practice of driving motor vehicles or of any particular class of motor vehicle; (c) the instructor engages in fraudulent or corrupt practices in securing a licence to drive a motor vehicle; (d) at any time during the validity of the licence, the instructor is convicted on more than two occasions of an offence under these Rules or for any reason ceases to hold a driving licence; (e) at any time during the giving of driving instruction, the instructor is found to have consumed any intoxicating liquor; (f) any of the terms and conditions of the licence have not been

9 complied with; or (g) the holder of the licence contravenes any provision of these Rules. (2) In exercising any of the powers under paragraph (1), the Authority shall give reasonable opportunity to the licence holder to make representations concerning the proposed exercise and shall then hear and consider any such representations. (3) Where the Authority suspends, revokes or varies an instructor s licence under this rule, the Authority shall record the details in the licensed driver s instructor s register. PART IV - DRIVING INSTRUCTION Curriculum and facilities. Driving school vehicles. 19.(1) The Authority shall develop the curriculum for training and testing of drivers and instructors and all driving instruction shall be in accordance with the approved curriculum. 20.(1) A person shall not use a vehicle as a driving school vehicle unless (a) the vehicle is in a class in respect of which the driving school concerned is authorized by the school licence to give instruction; (b) at the time of use, its registration details are entered on the driving school licence; (c) it is in good mechanical condition or not roadworthy in all respects; (d) the proprietor holds- (i) a vehicle inspection report in respect of that vehicle dated not more than one year prior to the date of such use; or (ii) a current comprehensive policy of insurance covering such vehicle as a driving school vehicle. (2) A person shall not use a motor vehicle, other than a motor cycle or invalid carriage, as a driving school vehicle unless (a) it is equipped with (i) a minimum dual control facility of brake and clutch for manual transmission or dual brake facility for automatic

10 transmission; (ii) two reflecting mirrors so constructed and fitted as to enable both the pupil and the instructor at all times to be or become aware of the presence to the rear of any other vehicle; (iii)flashing directions indicators in full operating condition; (iv) three point safety belts on four places, two at the front and two at the rear; and (v) head restraints in four places, two at the front and two at the rear; (vi) a fire extinguisher of at least one kilogram in weight and a first aid kit; (b) it exhibits the name and address of the driving school; and (c) it is marked in such a manner as to be clearly visible by a person at the front and at the rear of the vehicle with the words- CAUTION-DRIVER UNDER INSTRUCTION ; (3) In this rule use means used by a driving school for the purpose of giving instruction to a pupil in the practice of driving a motor vehicle and a motor vehicle shall be deemed to be so used at any time when a pupil of the driving school is present in the driver s seat of the vehicle. Unauthorized instructor. 21.(1) A proprietor or manager or a person in charge of a driving school shall not permit an unlicensed driving instructor to give instruction to a pupil on the class of vehicles concerned. (2) A proprietor, manager or person in charge of the school who contravenes paragraph (1) commits an offence.

11 Instruction of a pupil. 22.(1) Where a pupil is being instructed in the practice of driving a motor vehicle (a) if the pupil so desires, not more than one passenger may be carried in the motor vehicle; and (b) a passenger may not be carried in a motor vehicle of any other class of vehicle not designed for carrying passengers. (2) A pupil shall be instructed in the practice of driving a motor vehicle for the period provided in the approved curriculum and on a combination of both theory and practice. (3) In this rule, passenger means any person, other than the driving instructor and the pupil under instruction, at the wheel of the vehicle but does not include an inspector travelling in the vehicle in the course of his duties. PART V DRIVING LICENSES AND DRIVING TESTS Categories of driving licenses. Validity of licence. 23. A driving licence shall be classified into the categories set out in the Third Schedule. 24.(1) A driving licence shall be renewed after every three years upon payment of the fees set out in the Second Schedule: (2) An application for a driver must be accompanied by a duly filled medical form set out in the Fifth Schedule. Power to suspend or revoke a driving licence or order a re-test. 25.(1) The Authority may, on the application of a police officer of or above the rank of superintendent or on its own volition (a) suspend the driving license of a driver of a public or commercial service vehicle for a minimum period of six months for a first offender who is convicted for being intoxicated while driving the public or commercial vehicle; (b) revoke the driving license of a driver of a public or commercial service vehicle for a second offender whose licence was previously suspended under this rule within a period of two years; or (c) order a retest, in the case of a holder of a driving licence who in the opinion of the officer is driving recklessly or carelessly or whose driving competence is in doubt and if the licence holder fails the driving test, revoke the licence.

12 (2) The licence of a person who has been ordered to undertake a fresh driving test shall stand suspended until the person successful completes the driving test. (3) It shall be an offence for a person to drive a motor vehicle during the period the license is suspended. Application for driving test. pupil 26.(1) A driving school shall apply for a driving test on behalf of a (a) after conducting an internal driving test on the student and the student is successful in the test; and (b) in the form set out in the Fourth Schedule and accompanied by the fees set out in the Second Schedule. (2) The application shall be accompanied by (a) a declaration by the driving school and the pupil in the form set out in the Fifth Schedule; and (b) duly filled medical certificate in the form set out in the Fifth Schedule. (3) For purposes of the driving test, the driving school shall provide a vehicle that is in roadworthy condition and of the class named in the test application form. Driving test examination. 27.(1) The Authority shall conduct a driving test that shall at the minimum consist of (a) a practical driving examination conducted over a minimum distance of five kilometers; (b) a theoretical driving test; and (c) knowledge of the Highway Code and traffic signs. (2)A driving test examiner shall keep and maintain a driving test register containing (a) the name and address of each applicant for a driving test; (b) the serial number of the test application form; (c) the date on which such test was given;

13 (d) the result of such test; and (e) if the applicant was issued with a certificate of competence, the number of the certificate and class of vehicles to which it related. (3) A person who has passed a driving test to drive a motor vehicle of a particular class shall not by virtue thereof be considered to have passed a driving test to drive a motor vehicle of any other class or classes unless that person has passed a test to drive a motor vehicle of that other class. (4) A person who has passed a driving test shall be required to display the L sign for a period of one year from the date of issue of the driving licence. (5) A person who contravenes paragraph (4) commits an offence. PART VI GENERAL General Penalty Misrepresentation and alteration of licence. 28. A person who contravenes any provisions of these Rules commits an offence and is liable on conviction to a exceeding Kenya shillings 20,000 or imprisonment not exceeding 6 months or both in addition to any administrative action the Authority is empowered to take. 29.(1) A person who (a) makes a statement in an application or record issued or made for any purposes under these Rules, which to his knowledge is false or in any respect misleading, or which that person does not believe to be true; or (b) makes a material alteration in a licence or record issued or kept under these Rules, commits an offence. (2) A person convicted of an offence under this rule, in respect of an application made by him for a licence, shall not be eligible to hold any licence under these rules for a period of two years after the date of such conviction. Appeal. Transitional provisions. 30. A person who is aggrieved by a decision of the Authority under these Rules may, within thirty days of receipt of the notification of such decision, appeal to the Appeals Board. 31.(1) A person who before the commencement of these Rules held a valid driving school licence, an instructor licence or a driving examiner s licence shall within a period of six months following the commencement of these Rules or otherwise upon the expiry of the licence whichever is earlier applying for a new licence.

14 (2) A person who has applied for a new licence under these Rules may continue to operate under the terms of the licence they are holding until the application for a licence under these Rules has been determined. (3) A person who fails to apply for a new licence under these Rules within the prescribed period shall cease to operate the licensed activity upon the expiry of the licence or after a period of six months following the commencement of these Rules whichever is earlier. (4) A person who held the position of inspector or examiner under the previous Rules shall cease to hold that position upon the expiry of a period of ninety days following the commencement of the Rules unless the person is appointed to the same position by the Authority. Revocation of L.N. No 232of The Traffic (Driving Schools) Rules, 1971 are hereby revoked. Made on the..., 2018 JAMES MACHARIA Cabinet Secretary for Transport, Infrastructure, Housing and Urban Development.

15 FIRST SCHEDULE Driving School Application/ Renewal From. Rule 4 DRIVING SCHOOL APPLICATION/ RENEWAL FROM A. DRIVING SCHOOL LICENSE CATERGORY. Tick one. Class A All categories of vehicles. Class B Motor Cars not exceeding 3,500 kgs and motorcycles. Class C Motorcycles. B. DETAILS OF SCHOOL. Check One: Proprietor Partnership Company Name Physical Address of School Address: Cell Phone #: Physical location of maneuvering yard List Proprietor, Partners or all Officers, Directors, and Shareholders below: NAME ADDRESS TITLE DOB List below all licensed instructors employed by the applicant: NAME ADDRESS DOB LICENSE NUMBER List all other employees including School Manager, Agents Clerks,, or others who will represent the applicant below: NAME POSITION QUALIFICATIONS

16 List all vehicles used by the applicant for instruction purposes below: YEAR MAKE REGISTRATION : List all equipment and facilities available at proposed school REQUIRED DOCUMENTATION: Tick if provided. an original and copy of the certificate of registration of the applicant; Current Business Certificate (issued by local county) a title, lease or rental agreement of premises from which the driving school intends to operate from; evidence of a manoeuvring yard; a list of driving instructors including copies of their driving instructor licences vehicle inspection report dated not earlier than one month prior to the date of the application, for every motor vehicle listed to be used in school. Copy of Curriculum (to be returned to applicant). current comprehensive insurance cover for all the vehicles with a driver training school endorsement; and I agree to ensure that the licensed driving school will comply with all provisions of all Regulations, policies, and guidelines established by the Authority for the operation of driving

17 schools and the employment of driving instructors. I, the undersigned, hereby certify that I am (Title) of the above driving school and that the information contained in this application is true to the best of my knowledge and belief. Applicant Name: (Proprietor, Partner or Officer) Signature of Applicant: Date: False statements are punishable by fine, imprisonment, or both (Regulation 30) (FOR OFFICE USE ONLY) SITE INSPECTION REPORT: DATE INSPECTED- APPROVED: DECLINED COMMENTS

18 SECOND SCHEDULE FEES FOR APPLICATION OF DRIVING SCHOOL AND DRIVING INSTRUCTOR LICENSE Driving school Vehicles in licence category Application and renewal fees license category (Kshs.) A Heavy Commercial Vehicles 20,000 Vehicles used for the transportation of hazardous materials Commercial vehicles including trucks and buses Tractors Motor Omnibus Motor cars Motor cycles B Motor cars 15,000 Motor cycles. C -Motor cycles. 5,000 18

19 FEES FOR APPLICATION AND RENEWAL OF DRIVING LICENSE Description of Application Amount of Fees (Ksh) Issue or renewal of instructor s license( valid for 1 2,000 year) Issue or renewal of driver license( valid for 3 years) 3,000 Replacement of a license 1,500 Application for driving test 2,500 19

20 THIRD SCHEDULE CATEGORIES OF DRIVING LICENCES Licence category Vehicles in licence category Description of vehicle to operate and restrictions Minimum requirements CATEGORY A Category A1 (Moped) Enables one to ride a motorcycle to and including 50 C.C. No passengers allowed to be carried. Minimum age 16 years. No passenger No loads. Category A2 ( light motorcycle) Enables one to ride a motorcycle above 50 C.C. Carry a maximum load 60 kg (for up to 400 C.C) Minimum age 18 years. Carry passenger. Category A3 (Motorcycle Taxi, Couriers and threewheelers) Enables one to ride a motorcycle 100 C.C. and above. Carry a maximum load 100 kg (for up to 50 C.C) Minimum age 21 1 year riding experience of category A2 Carry passenger CATEGORY B Category B1 (Light Vehicle) Enables one to drive a light vehicle (passenger car) with a maximum Gross Vehicle Weight (GVW) of 3500 kg with one light trailer (not exceeding 750 kg) Minimum age 18 years. Can drive a vehicle equipped with both a manual or automatic gearbox. 20

21 Category B2 Automatic (Light Vehicle Automatic) Can carry up to a maximum of 7 passengers. Minimum age 18 years. Enables one to drive a Light vehicle (passenger car) equipped with automatic gear box with a maximum Gross Vehicle Weight (GVW) of m kg with one light trailer (not exceeding 750 kg). Cannot drive a vehicle equipped with a manual gearbox. Can carry up to a maximum of 7 passengers. Category B3 (Professional) Enables one to drive a light vehicle (passenger car) with a Gross Vehicle Weight (GVW) of maximum 3,500 kg with one light trailer (not exceeding 750 kg). Minimum age 21 years. Equipped with manual or automatic gear box. Can carry up to a maximum of 7 passengers. CATEGORY C Category C1 (Light Truck) Enables one to drive a light truck with a Gross Vehicle Weight (GVW) exceeding kg and a maximum 7500 kg with maximum one light trailer ( not exceeding 750 kg). Minimum age 22 years. Category C (Medium Truck) Enables one to drive a heavy truck with a Gross Vehicle Weight (GVW) exceeding kg with maximum one light trailer (not exceeding 750 kg) Minimum age 24 years. Two year experience of driving category C1. Required to undergo training and retesting for category C. 21

22 Category CE (Heavy Truck with trailer) Enables one to drive a heavy truck with a Gross Vehicle Weight (GVW) exceeding kg with heavy trailer or semitrailer. Enables one to drive articulated vehicles. Minimum age 28 years. Four years experience of driving category C. Required to undergo training and retesting for category CE. Category CE (Heavy Goods Vehicle For Transportation of Hazardous Materials) Enables one to drive a heavy truck with a Gross Vehicle Weight (GVW) exceeding kg with heavy trailer or semitrailer. Enables one to drive articulated vehicles. Minimum age 30 years. Two years experience of driving category CE. Required to undergo training and retesting for category CD CATEGORY D Category D1 (Van) Enables one to drive a van with a maximum of 14 passengers. Minimum age 22years. Category D2 (Mini Bus) Enables one to drive a bus with 14 to 32 passengers. Minimum age 25 years. Minimum experience of 3 years driving category D1. Required to undergo training and retesting for category D2. 22

23 Category D3 (Large Bus) Enables one to drive a bus with 33 or more passengers. Minimum age of 30 years. Minimum experience of 3 years driving category D2. Required to undergo training and retesting for category D3. CATEGOR Y E Special professional drivers license Minimum age 21years Completed 3 months driving practice with any vehicle classified under categories C1, C, CE, D, D1, D2,D3 and licensed as EC1, EC, ECE, ED, ED1, ED2 and ECD3 respectively. Class ED2 Licenses shall be endorsed for classes D1 & D while Class ECE Licenses shall be endorsed for C and C1. CATEGORY F Special Drivers License For Persons With Disability Minimum age of 18 years. Requirements is as per the class the categories of the abled drivers. CATEGORY G Industrial, Construction and agricultural plants and equipment) 23

24 FOURTH SCHEDULE APPLICATION FORM FOR DRIVING TEST (r.26 (1)) APPLICATION FOR DRIVING LICENSE FORM FOR OFFICIAL USE Application Number PART 1- CANDIDATE (To be completed by candidate) A. CANDIDATES S INFORMATION Details of candidate Title: Surname: Forename Address: Post code Town Date of birth: Mobile No address B. HEALTH INFORMATION. Health Declaration - by the A pplicant 1 Do you have any illness, injury or other medical condition that may affect your ability to drive YES NO 2 Do you have any illness, injury or other medical condition that 24

25 may affect your ability to drive 3 Have you ever had or been told by a health professional that you have had any of following? (a) (b) (c) (d) (e) (f) (g) (h) (i) (j) (k) (l) (m) (n) (o) Do you have reduced d i s t a n t vision in any eye Difficult to see in dim light (night blindness) Double vision Reduced neck movement Dizziness, problems with balance Dizziness, problems with balance Limited movement of arms and limbs Stroke Heart attack Diabetes Abnormal shortness of breath Seizures, fits, convulsions, epilepsy Snoring problems with restless sleep and day time tiredness. Psychiatric illness or nervous disorder Sudden involuntary sleep attacks 4 Do you use any drugs or medications prescribed by a health profession 25

26 I declare that I have read all my answers I have given to the questions on this form about my personal details and that the answers given by me about my personal and health details are complete, true and correct. I understand that it is a criminal offence to make false declaration regarding my health to obtain a driving license and can lead to prosecution. I understand that my medical records can be disclosure to any authorized party for the purpose of providing or renewing a driving license. C. DRIVING LICENCE. Test category (please tick the type of vehicle you wish to be tested in) A1 (Moped max 50 cc) A2 (Light motorcycle max 125 cc) A3 (Heavy motorcycle exceeding 125 cc/ Motorcycle Taxi, Couriers and three-wheelers) B (Light vehicle max gross weight 3500kgs) B Professional (Light vehicle max gross weight 3500kgs) C1 (light truck with gross weight exceeding 3500 kg and max 7500) C (Heavy truck gross weight exceeding 7,500 kg) CE (Heavy truck with trailer) CD (Heavy Goods Vehicle for Transportation of Hazardous Materials; Gross weight exceeding 7,500 kg) D1 (Light bus maximum 14 passengers in addition to Driver) D2 (Between passengers) D3 (33 passengers and above) E (Special Professional Drivers License) F (Special Drivers License for Persons with Disability G (Construction, Industrial and agricultural vehicles) D. TRAINING. Have you completed Compulsory Basic Training? Yes What is the total number of theory classes attended? What is the total number of practical classes taken? (attach the Internal Test Results) No (Hours) (Hours) 26

27 E. DECLARATION. I declare that I have read all the answers I have given to the questions in this application and that the answers given by me are complete, true and correct in every detail. I understand that if I have stated anything that is false or misleading, the driver license granted to me as a result of this application will be absolutely void and have no legal effect whatsoever. I understand that I may be prosecuted for giving or stating facts or misleading information or documents. I also declare that the information I have given on my fitness to drive, is to the best of my knowledge, true and correct. Applicants signature Date PART 2 DRIVING SCHOOL (To be completed by driving school) A. DRIVING SCHOOL INFORMATION Name of Driving School: Driving School License No: Address : Post code Town Physical address: address Tel No Mobile No B. INSTRUCTION GIVEN. Details of Driving Instructor Name: Instructor License No: Address : Post code Town address Tel No Mobile No Has candidate passed internal driving test administered by the driving school? No Yes 27

28 C. DECLARATION. I declare that I have read all the answers I have given to the questions in this application and that the answers given by me are complete, true and correct in every detail. I understand that if I have stated anything that is false or misleading, the Driving School license granted will be absolutely suspended, varied or revoked by the Authority. I understand that I may be prosecuted for giving or stating facts or misleading information or documents. I also declare that the information I have given on my fitness to drive, is to the best of my knowledge, true and correct. I further declare as follows:- 1. The Candidate has undertaken the minimum number and hours of both theory and practical lessons as per the curriculum. 2. The instruction given is based on the curriculum approved by the Authority. Signed on behalf of the Driving School Name:- Title:- Stamp:- Date 28

29 FIFTH SCHEDULE MEDICAL FORM (r. 26(1)(c)(ii)) REPUBLIC OF KENYA MEDICAL ASSESSMENT CERTIFICATE FOR DRIVERS/PROSPECTIVE DRIVERS Name DATE.. Sex M F Age License class. SECTION A: VISUAL ASSESMENT The applicant visual condition is Suitable Not suitable Reasons (if not suitable) Examined By Date SECTION B: HEARING ASSESSMENT The applicant visual condition is Suitable Not suitable Reasons (if not suitable) SECTION C: GENERAL BODY ASSSESSMENT The applicant general body condition is Suitable Not suitable Reasons (if not suitable) Examined By 29

30 SECTION D: OVERALL REMARKS Meets the relevant medical criteria - Fit to drive Does not meet the relevant medical criteria - Not fit to drive Remarks. Medical Practitioners Name. Signature Date 30

31 SIXTH SCHEDULE APPLICATION FORM FOR DRIVING INSTRUCTOR LICENSE APPLICATION FOR DRIVING INSTRUCTOR LICENSE FORM FOR OFFICIAL USE Application Number PART 1- APPLICANT (To be completed by applicant) A. CANDIDATES S INFORMATION Details of candidate Title: Surname: Forename Address: Post code Town Date of birth: Mobile No Driving License No: Driving Categories address Date of issue B. CATEGORIES OF DRIVING INSTRUCTOR LICENSE Test category (please tick the type of vehicle you wish to be licensed to instruct) A1 (Moped max 50 cc) A2 (Light motorcycle max 125 cc) A3 (Heavy motorcycle exceeding 125 cc/ Motorcycle Taxi, Couriers and three-wheelers) B (Light vehicle max gross weight 3500kgs) B Professional (Light vehicle max gross weight 3500kgs) C1 (light truck with gross weight exceeding 3500 kg and max 7500) 31

32 C (Heavy truck gross weight exceeding 7,500 kg) CE (Heavy truck with trailer) CD (Heavy Goods Vehicle for Transportation of Hazardous Materials; Gross weight exceeding 7,500 kg) D1 (Light bus maximum 14 passengers in addition to Driver) D2 (Between passengers) D3 (33 passengers and above) E (Special Professional Drivers License) F (Special Drivers License for Persons with Disability G (Construction, Industrial and agricultural vehicles) C. HEALTH INFORMATION. Health Declaration - by the A pplicant 1 Do you have any illness, injury or other medical condition that may affect your ability to drive YES NO 2 Do you have any illness, injury or other medical condition that may affect your ability to drive 3 Have you ever had or been told by a health professional that you have had any of following? (a) (b) (c) (d) (e) Do you have reduced d i s t a n t vision in any eye Difficult to see in dim light (night blindness) Double vision Reduced neck movement Dizziness, problems with balance 32

33 (f) (g) (h) (i) (j) (k) (l) (m) (n) (o) Dizziness, problems with balance Limited movement of arms and limbs Stroke Heart attack Diabetes Abnormal shortness of breath Seizures, fits, convulsions, epilepsy Snoring problems with restless sleep and day time tiredness. Psychiatric illness or nervous disorder Sudden involuntary sleep attacks 4 Do you use any drugs or medications prescribed by a health profession I declare that I have read all my answers I have given to the questions on this form about my personal details and that the answers given by me about my personal and health details are complete, true and correct. I understand that it is a criminal offence to make false declaration regarding my health to obtain a driving license and can lead to prosecution. I understand that my medical records can be disclosure to any authorized party for the purpose of providing or renewing a driving license. D. DECLARATION. I declare that I have read all the answers I have given to the questions in this application and that the answers given by me are complete, true and correct in every detail. I understand that if I have stated anything that is false or misleading, the license granted to me as a result of this application will be absolutely void and have no legal effect whatsoever. I understand that I may be prosecuted for giving or stating facts or misleading information or documents. I also declare that the information I have given on my fitness to drive, is to the best of my knowledge, true and correct. 33

34 Applicants signature Date Made on the....., 2017 JAMES MACHARIA, Cabinet Secretary, Ministry of Transport and Infrastructure. 34