Motorists who fail to pay their road tolls could be left in limbo, as the government proposes denying them services like the renewal of their driver’s license, vehicle transfers, annual vehicle inspections, or insurance confirmations.
The government also wants to change the law to mandate the clearance of any outstanding toll and related penalties, before getting car insurance.
The government is recommending amendments to the Insurance (Motor Vehicles Third Party Risks) Act to create a mandatory settlement of outstanding tolls and related penalties. The Ministry argues that the decision is to enhance the efficient collection of unpaid tolls.
The proposal says, “Section 4 of the Insurance (Motor Vehicles Third Party Risks) Act should be amended to include the clearance of any outstanding toll and related penalties before the mandatory motor insurance policy is issued.”
According to the draft National Tolling Policy, the Ministry of Transport wants to give the National Transport and Safety Authority (NTSA) extended mandates to effect these strict penalties.
“The NTSA Act should also be amended to give NTSA the power to deny the provision of services to errant vehicle owners with outstanding tolls and related penalties. Such services could include driver’s license renewals, vehicle transfers, annual vehicle inspections, or insurance confirmations,” reads part of the draft policy.
In the proposal, the Ministry argues that the move is to ensure that vehicle owners cannot continue to evade payment of tolls.
The draft policy notes that Kenya could risk becoming like other countries where mass non-payment of tolls has resulted in expensive and ineffective tolling enforcement systems.
According to the law, it is considered an offence to drive a vehicle through a toll station via a route not designated for that vehicle, refuses to stop at a toll station to pay the required toll, and fraudulently or forcibly pass through a toll station without paying the toll.
The Public Roads Toll Act stipulates that individuals found guilty of these offences are liable, upon conviction, to a fine not exceeding Ksh50,000 or imprisonment for a term not exceeding six months, or both.
Additionally, the court may order the offender to pay the prescribed toll if it was not paid.
Among the roads set to introduce tolls on several major highways, including the Nairobi Southern Bypass, Nairobi–Nakuru–Mau Summit Highway, Thika Superhighway, Kenol–Sagana–Marua Road, and Mombasa Southern Bypass.
The others are Dongo Kundu Bypass, Athi River–Namanga Road, Galleria–Rongai–Ngong–Karen Shopping Centre route, Mombasa to Malaba Road, Museum Hill–Moyale Road, Sirare–Lodwar Road, and Kiambu Road.
The government says that until there is an effective enforcement system in Kenya, tolling enforcement will primarily be reliant on physical barriers at Toll Collection Points.
