National Transport and Safety Authority, under Section 2 (a) and Section 4 (2) (b) of the NTSA Act, No. 33, 2012 is mandated with the responsibility of registration, licensing of motor vehicles/motorcycles and conducting motor vehicle inspection / certification.
As part of consumer education and provision of information, the Authority has prepared an information guide regarding motor vehicle ownership and insurance requirements.
FREQUENTLY ASKED QUESTIONS
1. Should a motor vehicle owner insure his/her vehicle?
A vehicle that is insured against third party risks is deemed to be compliant. A vehicle that has not been insured should be impounded immediately and the owner and/or driver shall be liable upon conviction to a fine or to imprisonment.
Additionally, the owner and/or driver shall be personally liable for damages the vehicle causes in the event of a crash.
2. Can one use a vehicle that was purchased but not transferred to the buyer (new owner)?
Section 9 of the Traffic Act Cap 403 in part says that no motor vehicle or trailer the ownership of which has been transferred by the registered owner shall be used on a road for more than fourteen days after the date of such transfer unless the new owner is registered as the owner thereof.
It is an offence for the buyer to use the vehicle after the expiry of the 14 days.
3. What can a buyer do, if the person who sold him/her the vehicle cannot be traced/relocated from the country or the seller declined to initiate the transfer of ownership?
If the seller or buyer decline to accept and/or initiate the transfer ownership it would a contravention of the law. In instances where the previous owner/seller cannot be traced, the Authority has introduced an alternative/forced transfer service which is accessible through the NTSA service portal.
4. What can a registered motor vehicle owner do, if the buyer did not / refused to initiate transfer the vehicle before the digitization of the process?
The Traffic Act provides that registered owners shall be considered the prima facie owner of the vehicle and shall be liable for any acts or damage caused by the vehicle unless evidence to the contrary is produced.
Additionally, in the event the vehicle is used in the commission of a crime, the registered owner of the vehicle may be treated as a suspect.
To avoid any liability, the registered owner may present an official letter informing the Authority of the past transaction and request placement of a caveat. The registered owner must provide the motor vehicle sale agreement, the buyer’s KRA PIN and a copy of the National Identification card.
5. Do the particulars in the certificate of ownership (logbook) eg colour, model, engine number, tax class, capacity e.t.c must match the vehicle details?
The Traffic Act requires that in the event of any change of circumstance which affects the accuracy of the registered particulars of any vehicle, the Authority must be informed.
The registered owner must initiate the change of particulars inspection application through the NTSA service portal. Motor vehicle insurance cover will not be issued if the details contained in the logbook differ with physical features of the vehicle.
COLLECTION OF LOGBOOKS AND NUMBER PLATES Motor vehicle/ motor-cycle owners, Financial Institutions, Companies, Dealers , Government Agencies among others are directed to collect processed Certificate of Ownership ( logbooks) and Reflective Number Plates from the centers identified during the registration process.
For more information and service support, the Public may reach the Authority through info@ntsa.go.ke or by visiting the nearest NTSA office/NTSA Desks at the Huduma Centres.
DIRECTOR GENERAL
