Parliament has slammed brakes on punitive rules by Transport agency to regulate the establishment of driving schools, training of driving instructors and issuance of driving licences, terming it unconstitutional.
The parliamentary Committee on Delegated Legislation faulted a clause of the Traffic (Driving Schools, Driving Instructors and Driving Licences) Rules 2018 that requires a driving school to be located in or otherwise own six acres of land for category ‘A’ and ‘B’ licence and one acre for category ‘C’ licence.
“This was considered unconstitutional and a contravention of the laws to the extent that it prescribes minimum acreage of land for an operation of an activity and also prohibitive and a contravention of the Traffic Act, which has no such requirements hence contravening section 13(a) of the Statutory Instruments (SI) Act, which requires the committee to consider whether the SI is in accord with the provisions of the Constitution, the Act pursuant to which it is made or other written law,” said Gladys Shollei, who chairs the committee, in a report tabled in Parliament last week.
The committee said the rules published by the National Transport Safety Authority (NTSA) vide legal notice 81 on April 26, are null and void as it did not take into account views of Parliament.
The committee said the NTSA failed to disclose to two House committees (Delegated and Transport) that the draft rules had been submitted to the Attorney General for publishing.
“In addition, the committee observed that the rules were already operational by the effect of their publication pursuant to section 23(1) of the Statutory Instruments Act and were therefore injurious to the public as published,” said Ms Shollei.
In March, High Court judge George Odunga suspended an earlier directive asking driving schools and public service vehicle drivers to submit themselves for vetting.