The Ministry of Transport through the National Transport and Safety Authority (NTSA) has proposed a rules governing the operation of school vehicles and the transportation of schoolchildren.
Transport Cabinet Secretary Kipchumba Murkomen and the transport authority proposed the Traffic (School Transport) Rules, 2024 under the Traffic Act in the wake of recent grisly road accidents involving school buses.
Under the proposed rules, school transport providers are required to ensure school vehicles are properly serviced and keep the service records going back two years.
They are required to ensure no school vehicle driver drives continuously for more than eight hours a day and school vehicles shall only operate between 5 a.m. and 10 p.m.
Each school vehicle shall be required to:
1. Have a comprehensive insurance cover.
2. Be inspected bi-annually.
3. Have a school vehicle attendant equipped with a STOP sign for use by the attendant if the vehicle transports elementary students.
4. Be fitted with functional safety belts designed to be used by children
5. Be painted yellow in colour code FFD800.
6. Have at least one efficient fire extinguisher readily accessible and available for use on board the vehicle
7. Be fitted with dual red-light indicators on the top front and rear sides of the bus.
8. Have the vehicle printed the words “SCHOOL BUS” on both sides and the words “DO NOT PASS WHEN RED LIGHTS ARE FLASHING” at the rear in block letters at least 8 inches in black colour.
9. Be installed with stop signal arms on the front and rear right-hand side.
10. Have installed mirrors that enable the driver to have adequate visibility of the sides, rear and along both sides of the bus.
11. Be fitted with a vehicular telematic system conforming to the applicable Kenyan standard approved by KEBS.
Further, all school vehicle seats shall be fixed and not foldable; free from sharp edges and upholstered with soft, shock-absorbent and fire-resistant materials and the seat handles, if any, shall be covered with a material that prevents injury in any collision.
“No bars or any other obstructions may be fixed on the windows whether from the inside or the outside,” states the proposal.
ANNUAL DRIVER ASSESSMENT
For school drivers, the proposed regulations demand that the driver is validly licensed by NTSA for the category of school vehicle being driven and successfully undergoes and passes an annual assessment for a criminal record as well as an annual medical test.
“This shall include convictions of child abuse and incidents of arrests for driving under the influence or other drugs,” it states.
A school vehicle driver with a criminal record containing a conviction for child abuse and driving under the influence or other drugs shall be disqualified from being a school vehicle driver.
The proposal states that a school driver shall:
1. Be fully in charge of the vehicle and students and will be responsible for the health, safety and welfare of each passenger.
2. Operate the school vehicle safely and efficiently at all times.
3. Conduct thorough pre-trip and post-trip checks on the vehicle to ensure that the vehicle and safety equipment are operational and that no child is left on board the vehicle.
4. Ensure that the vehicle is clean and secure.
5. Ensure that during drop-off, a child who is disembarking from a vehicle has safely disembarked and cleared a safe distance from the vehicle.
6. Use the Stop Signal Arm and dual red-light indicator on the uppermost part of the front and rear sides of the vehicle signs while the students are crossing the roads.
At the same time, schools may designate school vehicle attendants to be crossing guards or crosswalk attendants and manage traffic at school entry and exit areas or pedestrian crossings.
The school vehicle attendants will be required to be licensed by NTSA as a PSV conductor, and undergo and pass an annual assessment for a criminal record, including convictions of child abuse and incidents of arrests for violence.
The attendant will be responsible for assisting in the loading and unloading of students; ensuring that students and equipment are properly secured to ensure safe transport; monitoring the overall safety of students and equipment; and ensuring that all students remain seated at all times.
They will also assist the driver during unusual traffic conditions, act as a lookout when backing the vehicle, monitor and report student behaviour according to established procedures and assist the driver in keeping the interior of the vehicle clean.
“Assist the driver with the post-trip inspection to ensure no student is left on board the bus; assist students with disabilities and with personal needs associated with their disabilities; ensure that a child who is disembarking from a motor vehicle has safely disembarked and cleared a safe distance from the motor vehicle; and be responsible for helping students cross the road,” read the guidelines.
NTSA will issue school transport provider licenses and school vehicle road licenses valid for a year.
Applying for and renewing the annual school transport provider license will cost Ksh.2,000 while for the school vehicle road licence, it will be Ksh. 1,500 a year.
MOTORCYCLES
On the other hand, students carried on a motorcycle should not have any hand luggage and all luggage should be carried in the carrier or a backpack.
Further, a student less than 12 years old may be carried together with an adult provided the child is seated between the rider and the adult and wears a helmet designed for children and a rider should not carry any other luggage when transporting school children.
“A person who contravenes any provision of these rules commits an offence and is liable on conviction to a fine not exceeding Ksh.20,000 or to imprisonment for a term not exceeding six months or, both,” the proposed law states.
“The Authority may in addition to any other penalty prescribed under these Rules suspend the driving license of any offender.”
