The National Transport and Safety Authority (NTSA) is pressing for the implementation of traffic laws that will result in the six-month license suspension of drivers who are found guilty of drunk driving.
The Transport Cabinet Secretary’s draft of The Traffic (Drunk Driving) Rules, 2022 placed special attention on drivers of public service vehicles (PSVs), commercial vehicles, and school buses.
Additionally, it suggests that violating the guidelines could result in a six-month ban for private car drivers.
In a draft of The Traffic (Drunk Driving) Regulations, 2023, it is proposed that drivers who are detected operating a vehicle while intoxicated face a fine of no more than Sh100,000, a jail sentence of no more than two years, or both.
One of the proposed new laws states, “No person shall drive, attempt to drive, or be in control of a motor vehicle on a road or other public place if the person has drunk alcohol in such quantity that the blood alcohol content in his body is above the prescribed limit.
If a driver is suspected of having consumed an alcoholic beverage, breathalyzers have also been proposed under the new regulations. On the other side, the regulations aim to preserve the breathalyzers’ cleanliness.
Drivers who refuse to submit to a breathalyzer test will be considered to be intoxicated and subject to punishment. Such drivers may be subject to a fine of up to Sh100,000, a jail sentence of up to two years, or both.
The NTSA has also established a limit of 0 micrograms of alcohol in 100 milliliters of breath, blood, or urine for PSV, commercial, and school vehicle drivers. This means that anyone driving while under the aforementioned conditions must not consume any alcohol.
35 micrograms of alcohol in 100 milliliters of breath, 80 milligrams in 100 milliliters of blood, and 107 milligrams in 100 milliliters of urine are the limits for drivers of private vehicles.
Police may request drivers who have been in accidents to give samples of their breath, blood, or urine for alcohol tests, according to the NTSA.
According to the NTSA, “Alcohol test results that show a driver of a vehicle other than a has exceeded the established limits shall constitute evidence for the purposes of sections 44(1) that the individual is incapable of having proper control of a mechanically propelled vehicle.”
According to Section 44 (1) of the Traffic Act, first-time offenders are subject to a fine not to exceed Sh10,000 or a term of imprisonment not to exceed three months. If convicted, the maximum penalty is Sh20,000 in fines, a maximum jail sentence of six months, or both.
According to the NTSA, at least 4,104 people perished in car accidents last year. This was an increase from the 3,947 accident fatalities in 2021, which represented a 4% rise.
The NTSA said that among other things, the deaths were brought on by intoxicated driving, reckless overtaking, drunk cycling, drunk walking, and failing to wear a helmet.
