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National Transport and Safety Authority (Transport Network Companies, Owners, Drivers and Passengers) Regulations

21. Duties of transport network drivers

Edition: 2022-12-31 · In force

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21. Duties of transport network drivers

(1)Each transport network driver offering transport network services shall—
(a)display at a conspicuous place on the transport network vehicle a sticker or an identification mark approved by the Authority;
(b)treat transport network passengers courteously;
(c)when playing music in a transport network vehicle, ensure that the music played does not exceed the prescribed limits in the course of the journey;
(d)ensure that passengers are issued with tickets or receipts for fare paid;
(e)report any accidents involving the transport network vehicle immediately to the relevant authorities;
(f)ensure that all innovative decorations on the transport network vehicle are not offensive;
(g)ensure that no innovative decorations are painted, sprayed, drawn on or affixed to any window, the front and back windscreens, lights, indicators or chevrons of the transport network vehicle;
(h)ensure that none of the passenger, co-driver and driver windows, the front and back windscreens, lights, indicators or chevrons of the transport network vehicle are tinted or painted, sprayed or drawn on any innovative decorations;
(i)ensure that innovative decorations on the transport network vehicle do not have reflective properties;
(j)ensure that no additional exterior and interior lighting is affixed other than those affixed by the manufacturer of the transport network vehicle;
(k)ensure that his or her own acts or omissions do not adversely affect the health and safety of transport network passengers, and
(l)comply, so far as is reasonable, with any lawful instruction that is given by the transport network company to enable compliance with these Regulations.
(2)No transport network driver shall—
(a)drive while having consumed any intoxicating liquor;
(b)drive if impaired by any legally prescribed or over-the- counter drugs or medications;
(c)smoke any substance or use any device that produces a smoke-like vapor while operating carrying a passenger;
(d)chew khat while driving;
(e)drive transport network passengers to their destination by any other than the shortest and most direct route, unless requested to do so by the passenger;
(f)drive any transport network vehicle while using a mobile communications device without a hands-free accessory;
(g)be physically or verbally abusive to any transport network passenger;
(h)use offensive gestures; or
(i)refuse to transport to a requested destination any transport network passenger of proper demeanor whose request for service the transport network driver has accepted on the transport network service platform.
(3)For purposes of clarity, a transport network driver may refuse to transport a transport network passenger where—
(a)the passenger is acting in a disorderly or threatening manner; or
(b)the passenger refuses to state a specific destination upon entering the vehicle.
(4)A transport network driver may not assign, transfer to, or allow usage of the transport network service platform account by any other person, including another licensed transport network driver.
(5)A transport network driver shall return any lost articles recovered in a transport network vehicle to the rightful owner at the transport network passenger’s cost.
(6)A transport network driver shall not pick up passengers at cabstands, or solicit rides, or respond to street-hails.
(7)A transport network driver shall not offer or provide transport network services for more than eight continuous hours in a twenty- four-hour period.
(8)A transport network driver shall ensure that no other person not being a transport network passenger shall be permitted to be in the transport network vehicle except with the express consent of the transport network passenger.
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Source: Kenya Law