Members of Parliament have raised fresh concerns over the National Transport and Safety Authority’s (NTSA) instant traffic fines system, calling for penalties to be attached to drivers’ licences rather than vehicle logbooks.
The lawmakers argued that the current approach unfairly punishes vehicle owners, financiers and businesses, even when they are not the ones behind the wheel at the time a traffic offence is committed.
Speaking in the National Assembly on Thursday, Molo MP Kuria Kimani said the system does little to discourage reckless driving because the penalties are linked to a vehicle instead of the individual responsible for the offence.
“Attaching instant traffic fines to a vehicle’s logbook fails to deter reckless drivers and unfairly penalises vehicle owners and financiers. To make sure accountability rests with the offender, fines should be linked to the offending driver’s licence,” Kimani told the House.
He maintained that traffic violations should remain the responsibility of the offending driver, saying the current framework shifts the burden to innocent vehicle owners.
Kimani cited the example of businesses that operate multiple vehicles through employees or ride-hailing platforms, noting that owners are left to deal with penalties arising from the actions of their drivers.
“If I own 10 vehicles that operate as Uber cars and the drivers commit traffic offences, the fines are attached to the logbooks. That does not change the behaviour of the driver. It would be more effective if the penalties were attached to that driver’s licence,” he said.
The legislator also expressed concern about vehicles acquired through financing arrangements, where financial institutions are listed as joint owners on the logbook.
According to Kimani, attaching fines to the logbook could create unnecessary complications for banks and other lenders, despite having no involvement in traffic violations committed by borrowers.
“For vehicles under financing, the logbook may be jointly registered in the names of the borrower and the lender. Once a fine is attached to that logbook, it also affects the lender, whether it is a bank or even smaller financiers such as motorcycle lenders,” he added.
The MPs are now urging NTSA to review the framework so that traffic penalties are tied directly to the driver’s licence, ensuring accountability rests with the person who committed the offence.
The dispute arises in light of continued implementation of the instant traffic fines initiative by the NTSA, whereby traffic violations are documented using the TIMS and linked to the electronic identity of the vehicle using the eCitizen portal.
The system has been subject to some public discourse within the past few months, whereby there have been questions among car drivers and transport operators as to whether linking traffic fines to vehicle ownership is the best way to ensure road safety.
