The Traffic (Driving Schools, Driving Instructors and Driving Licences) Rules, 2018

These Rules apply to driving schools, driving instructors and to Application the issuance of driving licenses in Kenya.

1. Driving Schools

The rules provide that a person should not set up or maintain a driving school if he/she is not a holder of a valid school licence. The application for a school licence should be made to the National Transport and Safety Authority in the form set out in the rules.

The rules further prescribe that a school licence should be valid for two years from the date of Validity of issue.

NTSA has been given the power to either consider or reject the application. In considering an application for a school licence for a new or existing driving school, an inspector should inspect the premises referred to in the application , as the intended location of the proposed school, to ascertain whether the premises are suitable and adequately equipped for the purposes of the proposed school.

A driving school is expected to have a school manager whose role should be to:

1. Ensure the preparation of all teaching materials according to the curriculum;
2. Oversee the preparation and conduct of all internal examinations; and
3. Perform all record keeping and reporting obligations of the school.

In addition to this , a driving school is expected to maintain a minimum of two instructors.

A driving school is expected to , by the thirty-first of January of every year, submit to the Authority, either in electronic or hard copy form, an annual report for the immediately preceding calendar year in a format that the Authority shall prescribe. Further to this , A driving school should immediately notify the Authority in writing of any vehicular accident involving it’s vehicles used in the training of pupils, resulting in a fatality.

2. Driving Instructors

The rules provide that a person should not, for gain or reward, teach the theory or driving practice of driving a motor vehicle unless they have a valid instructor’s licence issued by the Authority:

A person may apply for an instructor’s licence if that person meets the minimum conditions for the relevant class of vehicles. An application for an instructor’s licence should be made to the Authority and should be accompanied by documents as provided by the Rules.

The rules state that an instructor’s licence should be valid for a period of two years from the date of issue. The Authority is expected to determine the minimum number of continuous development courses and approve the nature, content and duration of refresher courses to be attended by a driving instructor.

A driving inspector is expected to always carry their instructor’s licence at all times when instructing a pupil and should produce it for inspection when requested by an authorized officer of the Authority or a police officer.

NTSA has been vested the authority to suspend, revoke, refuse to issue or Suspension, revocation or renew an instructor s licence or vary the terms and conditions of an variation of an instructor’s licence as provided by the rules.

3. Driving Instructions

The NTSA should develop the curriculum for training and testing of drivers and driving instructors and all driving instruction should be in accordance with the approved curriculum.

The rules provide that a person should not use a motor vehicle, other than a motorcycle or invalid carriage, .as a driving school vehicle unless the motor vehicle-

• is equipped with –

1. a minimum dual control facility of brake and clutch for manual transmission or dual brake facility for automatic transmission;
2. two reflecting mirrors so constructed and fitted as to enable both the pupil and the driving instructor, at all times, to be or become, aware of the presence (to the rear) of any other vehicle or object;

• flashing directions indicators in full operating condition;

1. three-point safety belts in four places, two at the front and two at the rear;
2. head restraints in four places, two at the front and two at
3. the rear; and

• a fire extinguisher of at least one kilogram in weight and a first aid kit;
• exhibits the name and address of the driving school; and
• 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”.

A proprietor or school manager or a person in charge of a Unauthorized driving school should not permit an unlicensed driving instructor to give instruction to a pupil on the class of vehicles concerned. A proprietor, manager or person in charge of the school who contravenes this commits an offence.

4. Driving Licence and driving examinations exemptions

A driving license in categories A, B, F and G, that is Validity of licence issued to a driver who is under the age of seventy years, should be renewed after every three years over a nine-year period from the date of first issue and upon payment of the fees set out in the rules.Provided that, the tenth year, the licence holder should repeat the driving examination and submit a duly filled medical examination report in the form set out in the Fifth Schedule.

A driving licence in categories A, B, F and G, that is issued to a driver who is at least seventy years of age, should be renewed annually and the licence holder should submit a duly filled medical examination report in the form set out in the Fifth Schedule.

A driving license in categories C, D and E, that is issued to a driver, should be renewed after every three years and should be subject to the following conditions –

1. that the driver repeats the driving examination after every three years; and
2. that the driver has attended the required number of annual continuous development courses as determined by the Authority.

The rules provide that a driving school should apply for a driving examination on behalf of a pupil after conducting an internal driving examination and the pupil is successful in the examination and in the form provided by the rules. Further to this, a driver can also apply for an examination as provided by the rules.

NTSA is expected to conduct a driving examination that should at least consist of a practical driving examination conducted over a minimum distance of five kilometers and a theoretical driving examination which should examine the driver’s knowledge of the Highway Code and traffic signs.

A driver test examiner is expected to keep and maintain a driving examination register containing: name and address of each applicant for a driving test; the serial number of the test application form; the date on which such test was given; the result of such test; and if the applicant was issued with a certificate of competence, the number of the certificate and class of vehicles to which it related.

Lastly the rules states that a person who passes a driving test to drive a motor vehicle of a particular class should not be considered to have passed a driving test to drive a motor vehicle of any other class unless that person has passed a test to drive a motor vehicle of that other class.

CATEGORIES OF DRIVING LICENCES