Sh20,000 fine, jail for spitting, littering in Uber, Bolt taxis

Passengers who spit in cabs risk a jail term of six months and a fine of Sh20,000 if reported to authorities in new regulations by the Transport ministry aimed at streamlining the growing cases of crime, unruliness, and disorder in the taxi-hailing sector.

In the tough new rules signed by Transport Cabinet Secretary James Macharia, passengers have been barred from using obscene or offensive language and being disorderly while riding in the digital cabs and spitting in or from the vehicle, or deliberately damaging or soiling it.

Passengers also face a fine and jail term should they be reported for smoking cigarettes, throwing bottles from the vehicle, or damaging any part or equipment in the vehicle while traveling.

“A transport network passenger shall while using a transport network service or riding in a transport network vehicle not throw out of the transport network vehicle any bottle, liquid or litter or any other article or thing; (and shall) pay the fare for the whole journey taken,” read the regulations in part.

The new law also sets tough terms for digital taxi drivers including outlawing them from taking longer-than necessary routes to unfairly increase their charges.

“Each transport network driver offering transport network duties of transport services shall drive transport network passengers to their destination by other than the shortest and most direct route unless requested to do so by the passenger; drive any transport network vehicle while using a mobile communications device without a hands-free accessory; be physically or verbally abusive to any transport network passenger use offensive gestures,” the law said part.

The regulations have also outlawed tinting the windows of digital taxis and instructed drivers to issue tickets or receipts to passengers for far paid. The drivers have also been barred from chewing miraa, smoking, or drink driving.

Drivers have also been instructed to equip their vehicles with hands-free accessories for mobile devices to hold phones when driving.

To reduce driver fatigue that could lead to accidents, the regulations have prohibited drivers from driving for more than eight hours straight within 24 hours.  

“Each transport network driver offering transport network duties of transport services shall ensure that none of the passenger, co-driver and driver windows, the front and back windscreens, lights, indicators chevrons of the transport network vehicle are tinted or painted, sprayed or drawn on any innovative decorations,” they read.

At the same time, the regulations stipulate that no digital taxi to be more than 16 years since the date of its manufacture, and have instructed the owners of the transport vehicle to keep the driver’s license details for a minimum of two years and also enter into a written agreement with the driver detailing the nature of their relationship. The law also bank digital taxi drivers from assigning, transferring to, or allowing usage of the transport network service platform account by any other person, including another licensed transport network driver .The drivers are required to return any items left behind to their customers but at the passenger’s cost.

“A person who contravenes any provision of these Regulations commits an offence and shall be liable on conviction to a fine not exceeding twenty thousand shillings or to imprisonment for a term not exceeding six months or both.”

The regulations come at a time the ride-hailing business is growing in Kenya driven by rising demand which has attracted top companies such as Uber, Bolt, and Little Cab to set up their operations in the country.

The new rules place digital taxi firms such as San Francisco-based giant Uber, Estonia’s Bolt, and local firm Little under the oversight of the National Transport and Safety Authority (NTSA).