Tough new matatu laws take effect as industry players rush to meet rules

Matatus queue at Kenya Police Vehicle Inspection Unit, Nakuru centre, Monday as owners rushed to meet the deadline of complying with the new traffic regulations. [PHOTO: BONIFACE THUKU/STANDARD]

By MAUREEN ABWAO and CYRUS OMBATI

NAIROBI, KENYA: Hundreds of Kenyans will have walked to work this morning, while many travellers will be stranded as tough new rules designed to streamline the chaotic matatu industry take effect.

Only 6,653 vehicles (six per cent) of the 100,000 that ply the roads daily had been cleared by the Motor Vehicle Inspection Unit Monday, after meeting the deadline for all public service vehicles (PSVs) to comply with the new rules meant to reduce road accidents.

The collapse of a case filed by matatu owners Monday seeking an extension to today’s deadline cleared the way for the police to implement the new laws for the PSV sector. The public transport industry remains a hostage to criminal cartels who control routes and force matatu owners to pay illegal facilitation fees.

The cartels work with influential owners, including senior police officers and politicians who own large fleets of vehicles. This has prevented the Government in the past from bringing order to the industry.

The rules also seek to improve the safety of passengers in PSVs against the background of increased carjacking of matatus.

The High Court Monday threw out a case filed by representatives of the matatu owners who claimed they needed more time to buy and fix the new generation speed governors spelt out in the new rules.

But Jared Wangai, the director of the Motor Vehicle Inspection Unit, blamed the operators saying although they were given enough time to ensure their vehicles were compliant, most waited until the last minute.

He said some of the vehicles had fitted old model speed governors, which prompted his officers to turn them away. The situation looked bad with Mr Wangai revealing that only two matatus had by Monday been approved to operate in Garissa town, for instance.

SET STANDARDS

“Our work is only to ensure that the new speed governors that are fitted in all PSVs comply with the set standards. We do not care where you get the digital speed governors from, but it has to be the one which has been recommended,” said Wangai.

He said he had checked all inspection units in the country and realised that only few vehicles had been approved, but told his officers to be firm. As he spoke, hundreds of matatus jammed the unit in Industrial Area, Nairobi and other similar units across the country to get compliance certificates.

Some of the operators said the price of the speed governors had jumped from Sh30,000 to Sh40,000 in the last week alone. But Wangai said he was not aware and revealed that 16 companies were approved by the Kenya Bureau of Standards to supply the gadgets.

“I have no issue with the new rules being enforced, as this will ensure that there is sanity on our roads and also harmonise the industry as only those who have a certificate can do business,” said Edward Martini, a matatu owner.

Other operators were in garages removing rooftops and painting uniform colours to comply with what is stated on their vehicles’ logbooks and installing the speed governors.

And the new Traffic Commandant Charlton Mureithi said his officers would implement the rules.

“The officers have been briefed properly on what to do. They will be on the ground to work for the better of the country,” said Mr Mureithi.

The rules take effect as schools close for the holidays and workers in towns start travelling upcountry for Easter celebrations.

Among other requirements, the new rules introduced by the National Transport and Safety Authority (NTSA) demand that all PSVs must belong to a Sacco that has at least 30 vehicles.

It is up to each Sacco to give the safety authority a list of their employees and submit a report showing how many of its vehicles were involved in road accidents every month.

Saccos on long distance routes above 50km away from the start of the journey must have a fleet management system and data must be stored for at least six months and record the speed and location of a vehicle at any given time.

All PSVs on long distance routes must remove roof racks used by passengers to carry extra cargo. This means that Kenyans wishing to transport things like furniture and other bulky goods back home must find alternative means to move their cargo.

CARGO CARRIER

“Every operator shall ensure that except for a courier service, the long distance passenger vehicle does not operate as a commercial cargo carrier, and does not have a cargo carrier mounted on the roof,” reads part of the rules.

The operators must also subscribe to an accident and emergency mutual aid system. From July 1, all PSVs will have to operate a cashless fare system and ensure passengers are issued with tickets or receipts for money paid. A similar system run by Equity Bank is already in use by some vehicles in Nairobi.

PSVs licensed for overnight travel will be required to hire two drivers for every vehicle, and each driver must not work more than eight hours.

The operators will also be required to file quarterly reports on accidents, which will include the number and nature of passenger complaints, and how they were resolved; the number of vehicles added to or removed from the list of those run by the Sacco; and names of drivers hired or fired within that period.

Those who do not comply risk a year’s imprisonment and a fine of up to Sh50,000. NTSA may in addition cancel or withdraw their license.

It will also be compulsory for the matatu Saccos to give drivers annual leave. There are 439 such Saccos that have been vetted and approved to operate.

“The Government did not ban night travel. It only set conditions that must be complied with (by PSVs) before they are cleared to conduct their business at night. I am glad that a few companies are almost meeting the conditions,” said Transport Cabinet Secretary Michael Kamau.