Queries over instant traffic fines rollout as motorists await notifications

Speed enforcement camera installed by NTSA on the Thika Superhighway. [File, Standard]

The rollout of instant fines for minor traffic offences appears yet to fully take effect despite assurances by the National Transport and Safety Authority (NTSA) that the new enforcement framework would be operational by June 1. 

A spot check by The Standard established that motorists who flouted traffic regulations captured by surveillance cameras are yet to receive notifications of the offences, raising questions over the effectiveness of the system days after its launch.

The publication conducted a test along the Southern Bypass in Nairobi, where a company vehicle deliberately exceeded the 110km/hr speed limit prescribed by NTSA.

As the vehicle sped past a camera installed near the road's weighbridge, the device flashed, suggesting that the vehicle had been detected and recorded.

However, by the time of going to press, no notification, fine, or communication had been received from the authority regarding the speeding offence.

The development casts doubt on whether the instant enforcement system is fully operational, despite the authority's announcement that cameras would automatically detect traffic violations and generate penalties for offending motorists.

The Minor Traffic Offences Enforcement Framework anchored under Sections 117 and 117A of the Traffic Act, according to the regulator, seeks to modernise traffic law enforcement while easing pressure on courts.

“The primary objectives of this framework are to enhance road safety for all users, increase compliance with traffic laws, reduce congestion in traffic courts, and promote transparency, accountability and efficiency in traffic enforcement,” NTSA Director General Nashon Kondiwa said last Thursday during the launch. 

Under the new system, motorists accused of committing minor traffic offences, are not required to appear in court once they admit the fault. 

Instead, Kondiwa said, they will receive a Police Notification of Traffic Offence detailing the nature of the offence, location, time, prescribed fine and payment instructions.

Offences such as over speeding, failure to wear seat belts, and lane indiscipline are expected to attract instant penalties communicated electronically to motorists via sms of email or through physical delivery by traffic officers. 

“Motorists are therefore strongly encouraged to ensure their contact details in the NTSA registration system are accurate and up to date,” said Kondiwa. 

The authority further noted that motorists will have access to evidence supporting alleged offences, including photographs and video recordings.

“Failure to respond, pay fines, or appear in court when required may result in harsher penalties imposed by the courts,” Kondiwa warned.

The apparent delay in issuing notifications suggests that critical components of the system are yet to function.  

Nevertheless, The Standard's spot check also revealed a noticeable improvement in discipline among motorists on major roads within Nairobi.

Drivers appeared more cautious, with many adhering to speed limits and traffic regulations amid heightened awareness of the new enforcement measures.

Particularly striking was the change in behaviour among public service vehicle operators, who have historically been accused of disregarding traffic rules.

On several major roads, matatu drivers were observed avoiding the common practice of picking up and dropping off passengers at undesignated locations. 

Questions also linger about whether all enforcement cameras are fully integrated with NTSA's back-end systems, whether vehicle ownership databases are synchronized for seamless notification, and whether the authority is processing offences in real time as initially envisioned.

The Standard reached out to NTSA seeking clarification on why notifications had not been issued despite apparent detection of the speeding violation and to establish whether the system was experiencing operational challenges.

The authority had not responded to the inquiries by the time of going to press. 

This comes after the High Court halted the initial implementation of the policy after concerns emerged over legality, due process and the risk of abuse in enforcement.

The court directed NTSA and related agencies to review the policy and establish clearer operational procedures before implementation.