Temporary reprieve for PSV owners as court halts new rules

Bus owners Wednesday got a temporary reprieve when a High Court judge halted the enforcement of the new regulations.

Justice George Odunga ordered that the regulations affecting operators of long-distance passenger service vehicles be stopped temporarily from being enforced.

“Operation of the new rules is pending following the Transport Cabinet Secretary’s indication that they have to come into operation on April 15, in the interest of bus owners and Kenyans at large, it is important that the parties be given a hearing taking into account the situation on the ground, the order is in force until April 7 when this court will give further orders,” said Justice Odunga.

The regulations suspended are part of the National Transport and Safety Authority that require all operators to have fleet management system capable of recording speed and location of the vehicle at any one time, prohibition of carrying large cargo or commercial cargo besides having mounted carriers on the roof among others.

(Read: Tough matatu rules come into force)

Through a Legal Notice in the Special gazette, the Transport Cabinet Secretary Michael Kamau published that the contested regulations should come into operation as of April 15.

However the buses and matatu owners moved to court to challenge enforcement of the regulations prior to the deadline for fear of being heavily fined during PSV inspection which was to kick off on Tuesday for lack of compliance to the new rules.

Bus owners wanted the regulations quashed as they were published at time when they had another case challenging night travel regulations secretly by the Transport Cabinet Secretary three days before a judgment was delivered by the same judge.

And on Monday, the judge ordered that the inspection should go on as planned and that the bus luggage careers on bus roofs should not be removed as part of the new rules which he has suspended its enforcement saying that they were prematurely imposed.

According to NTSA Board, enforcement of the regulations is an important aspect of public road transport and that bus owners are required to comply with the same as a means of enhancing road carnage.

While objection to the case, NTSA argued that bus owners’ demands are against the public interest particularly users of PSV’s who rely on the government and the Authority to ensure provision of safe, reliable and efficient road transport services.

When Matatu Welfare Association also appeared before him to challenge the regulations, the judge questioned why matatus were not in operation and said that they were acting in protest yet they had not taken time to scrutinise the orders that he had granted concerning enforcement of the new transport regulations.

(Read: New transport rules effective April 15, says judge - VIDEO)

The regulations also require long distance passenger service vehicles to subscribe to an outsourced control centre and an accident and emergency mutual aid system as well as taking passenger manifest before the start of each journey.

The judge also ordered that the transport Cabinet Secretary should respond to the case in the hearing that was further pushed to April 7.