Nov 29, 2022

Mawazo Writing Africa

Writing about the main

Uhuru signs into law bill that returns breathalyser on Kenya’s highways

The return of the breathalyzer on Kenyan roads is imminent after President Uhuru Kenyatta signed the Traffic (Amendment) Bill 2021 last week. Those found guilty of drunk driving risk a fine not exceeding Sh100,000, two years imprisonment, or both.

“A person responsible for driving, attempting to drive, or in charge of a motor vehicle on a street or other public place under the influence of an alcoholic drink or a drug that exceeds the prescribed limit values ​​is an offence,” it says.

The police are only waiting for the publication of the law in the Kenya Gazette before you take action.

A breathalyzer measures how much alcohol is in the air you breathe out. The new law uses breath, blood or urine measurements.

It states that no driver should handle a vehicle if he or she consumes more than 35 micrograms of alcohol per 100 milliliters of breath, i.e. 80 milligrams of alcohol, has consumed in 100 milliliters of blood and 107 milligrams of alcohol in 100 milliliters of urine.

If the alcohol content on the calibrator is between zero and 0.29, it means you can drive safely. Drivers of private vehicles should have 0.35 micrograms as their maximum intoxication.

However, drivers of Matatus and other public service vehicles are not allowed to consume alcohol and their test result should be zero.

Read: Police took drivers with ‘faulty’ speed guns

The amount of alcohol a driver consumes to go above or below these new limits depends on many factors, including weight, age, gender, metabolism, diet, type of alcohol and stress level.

MPs passed the 2013 Traffic Amendment Act before adjourning it to the June 9 general election ahead of the to take a break.

But a proposal aimed at clarifying the interpretation of what constitutes a speed limit violation was rejected.

The return of the breathalyzer was theTiaty MP Kassait Kamket’s idea. The new law is an improvement on another and follows a court decision that outlawed the use of breathalysers in 2017.

While pushing for the bill to pass, Mr Kamket argued that the law at the time included were subjective tests that were not easy to implement, particularly with phrases such as “unable to properly control the vehicle” in relation to a drunk driver.

“The change is intended to ensure that this test is objective through the provision of measurable and scientific applications, such as B. Mandatory limits set by regulations,” said Mr. Kamket.

The use of the Breathalyzer, also known as a breathalyser, by the Interagency Police Team and the National Transport and Safety Authority (NTSA) began in 2017 banned on the basis that the execution of the rules establishing their use was inconsistent with the Traffic Act.

Read: ‘Introduce Alcoblow to Measure Sobriety of MCAs’

< p>Appeals Court Judges GBM Kariuki, Fatuma Sic Hale and Festus Azangalala ordered Parliament to review the law when a petitioner challenged the use of the devices. Prior to the ruling, the breathalyzer had been in force for more than three years since its introduction in 2014.

The proposal to repeal Section 70(5B) of the Highway Code aims to eliminate misinterpretations that violators have often faced with overriding speed limits however, failed.

The section provides that a person who violates a speed limit prescribed for a road by more than 20 km/h commits a criminal offense and shall be liable on conviction by imprisonment of not less than three months, or a fine of at least 20,000 shillings, or both.

Some persons, particularly those who have strayed onto the wrong side of the law, have interpreted the section to mean that a person does not commit an offense unless because the speed limit is exceeded by more than 20 km/h.

NTSA has previously argued that the section provides a minimum penalty for r for people who exceed the speed limit by more than 20 km/h. h.

The driver’s license of a person who has been convicted of violating a speed limit will be invalidated for at least three years if the speed limit is exceeded by more than 20 km/h and is repeated three times or more.

The requirement that a PSV driver undergoes an inspection every two years to establish that his or her competence has been revoked.

This means a loss of revenue for the government in relation to the compulsory Test Fees Paid.

Read: Retreat of Alcohol Blower Ends Police Chiefs’ Taking Bribes

Drivers and conductors of matatus and buses must continue to wear special badges and uniforms required by the Motor Vehicle Registry.

The driver’s uniform must be navy blue while the conductor’s uniform is maroon.