Regulator tells bus owners to apply for licences in tussle over night travel
Lawyer Harisson Kinyanjui (right) addressing bus owners who have challenged a government directive on night travel. Photo/Paul Waweru
The National Transport and Safety Authority (NTSA) has accused bus owners of failing to apply for night travel permits.
In response to a suit filed by bus owners, the agency said it had not banned night travel for passengers and that the owners were free to resume services after complying with the regulations.
“The regulations do not ban public road transport at night but create rules which the operators are required to comply with in order to be issued with a licence to operate public transport at night,” NTSA acting director general Issac Kamau said in an affidavit.
Government’s decision
The group of long-distance bus operators moved to court on Tuesday seeking to reverse the government’s decision to impose conditions that the all bus owners shall comply with or face ban.
The petitioners are Mbukinya Bus Services, Crown Bus Service, Kampala Coaches, Traticom Enterprises, Ugwe Bus Services, Trisha Collections, Panther Travels and Neno Courier Services.
PSV owners have listed the Ministry of Transport, NTSA, the Inspector General of Police and Traffic Police as respondents.
The bus owners’ association and the eight transport service companies alleged they were validly licensed to conduct and execute lawful night travel as PSV operators.
They also claimed that their current licences issued by Transport Licensing Board (TLB), the predecessor to NTSA, are still valid, and permits them to operate day and night.
But NTSA says the existing licences do not automatically authorise operations of public service vehicles at night and clarified that all vehicles are subject to the new regulations on night travel.
“The applicants have not complied with the requirements for night time operation of public service vehicles and have not made any application to be allowed to operate at night,” said Mr Kamau.
The authority further argued that since the regulations came into effect on December 17, there had been no traffic accidents at night.
NTSA further sought to downplay the financial loss alleged by the operators, arguing that the bus owners have doubled fares which have cushioned them.
Some of the requirements include having two drivers on duty, installation of speed governors and proof of the drivers’ fitness to navigate at night.
Operators will pay Sh3,000 for a permit which will be restricted to certain routes, Transport and Infrastructure secretary Michael Kamau.
On Thursday, vacation judge Weldon Korir granted prayers by the government that the file be placed before Justice Issack Lenaola.
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