NTSA invites public views on proposed school transport draft regulations

The National Transport and Safety Authority (NTSA) is inviting members of the public to submit their views on the proposed school transport draft regulations (2024) ahead of a public participation exercise set to kick off in Garissa County.

The draft seeks to amend sections of the Traffic Act, Cap 403 to introduce "The Traffic (School Transport) rules, 2024 that apply to all school vehicles and transportation of school children in Kenya seek to reduce road carnage by enforcing strict regulations following multiple deaths of students on the roads in recent weeks.

Amongst them is a proposal that schools apply for an annual school transport provider license for Sh2,000 and a school vehicle road license for each vehicle issued by the authority at a cost of Sh1,500.

Before getting the certificates, the vehicle must be inspected and issued with a valid inspection certificate 30 days before making the application.

If the proposal is passed into law, schools will be required to ensure that all vehicles have a valid comprehensive insurance cover and are properly maintained and serviced with a record of the maintenance and service records for the last 2 years in place.

The vehicle must be fitted with safety belts designated for use by children, in the case of elementary schools, and be painted yellow in colour code FFD800.

It should also have at least one standard fire extinguisher that is readily accessible for use onboard the vehicle.

The vehicle must also be fitted with dual red light indicators on the uppermost part of the front and rear sides and bear the printed words "School bus" and " Do not pass when red lights are flashing" at the rear in block letters, at least eight inches in black colour.

An NTSA official inspecting a school bus on the road. (Photo: NTSA)

No bars or any other obstructions may be fixed on the windows whether from the inside or the outside and standardized body construction and speed limiter shall be in place.

Transport operations policy

Each school will be required to develop a transport operations policy that shows how it manages its fleet and logistics including mapping out routes covered, showing how its drivers are recruited and supervised and made aware of road safety.

It must also include measures to ensure that no school vehicle driver drives continuously for more than eight hours a day.

The school vehicle driver shall successfully undergo and pass an annual assessment for a criminal record.

"This shall include convictions of child abuse and incidents of arrests for driving under the influence or other drugs. A school vehicle driver who possesses 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 schools must also have a vehicle attendant who is validly licensed by the Authority as a PSV conductor and must have a clean criminal record.

The attendant shall assist in loading and unloading of students, ensure that students and equipment are properly secured to ensure safe transport, and continually monitor the overall safety of students and equipment.

The attendant is also to ensure that all students remain seated at all times, assist the driver during unusual traffic conditions, act as a lookout when backing the vehicle and monitor and report student behaviour according to established procedure.

President William Ruto delivers a school bus to Kianjai Girls’ Secondary School in Meru County. (Photo: DPPS)

The attendant should also assist the driver in keeping the interior of the vehicle clean, and 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.

They also ensure that a child who is disembarking from a motor vehicle has safely disembarked and cleared a safe distance from the motor vehicle and is responsible for helping students cross the road.

Vehicle accident report

In the event of an accident, the school must submit a vehicle accident report within 24 hours of the incident occurring.

The report will indicate a description of the accident, and contain the driver's particulars including a copy of their ID and license, and the vehicle insurance.

The rules are also proposing that school boards designate a crossing guard that controls traffic at the entry and exit of the institution or areas designated as pedestrian crossings, particularly for elementary schools.

The attendant shall possess traffic control and child safety skills, wear a reflective jacket, and have traffic control signs such as the "stop" and "go" at all times.

The attendant's role shall be to stop motorists to allow children to cross a road to or from school; stop motorists to allow for school transport motor vehicles or other motor vehicles transporting children to or out of school, to enter or exit from a school; and direct motorists around a school to ensure smooth traffic flow.

The draft says a person who fails to comply with the direction of a crossing guard commits an offence but does not indicate the punishment applicable in that instance.