Traffic Rules & Penalties for Vehicles Breaking Down on Highways

Photo collage of a stalled car moved on the roadside and smoke emanating from the bonnet
A photo collage of a stalled car moved on the roadside and smoke emanating from the bonnet.
Car Hire / Bizna Kenya

Stalled cars and those breaking down in the middle of highways have been blamed for several road crashes in the country in the recent past.

According to National Transport and Safety Authority data on 2022 road accidents, vehicles breaking down and stalled cars contributed to a significant number of crashes recorded on different highways.

On Thursday, January 26, the National Police Service (NPS) attributed the Kikopey accident on Nakuru- Nairobi highway, which claimed at least seven lives, to a stalled lorry.

"Our preliminary investigations indicate that two matatus belonging to Nairobi and Mololine Bus Companies rammed onto a lorry that was stalled along the climbing lane facing towards Nairobi direction," their report read in part.

A photo collage of a wreckages of the vehicles involved in a road accident on January 26, 2023.
A photo collage of the wreckages of the vehicles involved in a road accident at Kikopey on January 26, 2023.
NPS

According to automotive experts, lack of fuel, air flow and improper ignition are among the leading causes of vehicle stalling. In some instances, mechanical problems involving the engine would force a vehicle to stall in the middle of a highway.

What Traffic Rules Stipulate

According to Traffic CAP 403, stalled vehicles are expected to be towed from the road in the shortest time possible. On busy highways such as Mombasa Road and Nairobi-Nakuru highway, a stalled car should be towed in less than an hour.

The Act dictates that a stalled car should be moved close to the side of the road to avoid obstructing other motorists.

" No vehicle shall be allowed to remain in any position on any road so as to obstruct or to be likely to obstruct or cause inconvenience or danger to other traffic using the road, and, save where the contrary is expressly provided in this Act, every vehicle on a road, when not in motion, shall be drawn up as close to the side of the road as possible," the Traffic Act reads in part.

According to the Act, vehicles which break down between 6.45 p.m. and 6.15 a.m are expected to use light indicators to alert other drivers approaching in both directions.

The Act further stipulates that drivers are expected to place two red life saver reflecting triangles on the road in case of a breakdown. 

"If any part of the vehicle remains on or near the road in a position so as to obstruct or to be likely to obstruct or to cause or to be likely to cause inconvenience or danger to other traffic using the road, the driver shall place on the road not less than fifty metres from the vehicle two red reflecting triangles of such construction," the Act prescribes.

Penalties

First-time offenders who leave their vehicles on the road, whether stalled on in good shape, are liable to a Ksh50,000 fine or an imprisonment term not exceeding one year.

Repeat offenders are liable to a fine close to Ksh75,000. Some even risk losing their driving licenses.

"On a second or subsequent conviction, to a fine not exceeding seventy-five thousand shillings, or to imprisonment for a term not exceeding eighteen months, and the court shall exercise the power conferred by Part VIII of cancelling any driving licence or provisional driving licence held by the offender and declaring the offender disqualified from holding or obtaining a driving licence for a period of two years starting from the date of conviction or the end of any prison sentence imposed under this section," the Traffic Act states.

To prevent breakdowns, all cars are expected to undergo a mandatory inspection conducted by NTSA. Light and tyres are also inspected during the exercise.

For motorists who disappear after a breakdown, police are mandated to tow the vehicle and take them to various stations pending court hearing on violation of traffic rules.

Two triangles placed on the road alerting motorists of a stalled car
Two triangles placed on the road alerting motorists of a stalled car.
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