Lawyer Harisson Kinyanjui (right) addressing bus owners who have
challenged a government directive on night travel. Photo/Paul Waweru
By GALGALLO FAYO
The National Transport and Safety Authority (NTSA) has accused bus owners of failing to apply for night travel permits.
In response to a suit filed by bus owners, the
agency said it had not banned night travel for passengers and that the
owners were free to resume services after complying with the
regulations.
“The regulations do not ban public road transport
at night but create rules which the operators are required to comply
with in order to be issued with a licence to operate public transport at
night,” NTSA acting director general Issac Kamau said in an affidavit.
Government’s decision
The group of long-distance bus operators moved to
court on Tuesday seeking to reverse the government’s decision to impose
conditions that the all bus owners shall comply with or face ban.
The petitioners are Mbukinya Bus Services, Crown
Bus Service, Kampala Coaches, Traticom Enterprises, Ugwe Bus Services,
Trisha Collections, Panther Travels and Neno Courier Services.
PSV owners have listed the Ministry of Transport, NTSA, the Inspector General of Police and Traffic Police as respondents.
The bus owners’ association and the eight
transport service companies alleged they were validly licensed to
conduct and execute lawful night travel as PSV operators.
They also claimed that their current licences
issued by Transport Licensing Board (TLB), the predecessor to NTSA, are
still valid, and permits them to operate day and night.
But NTSA says the existing licences do not
automatically authorise operations of public service vehicles at night
and clarified that all vehicles are subject to the new regulations on
night travel.
“The applicants have not complied with the
requirements for night time operation of public service vehicles and
have not made any application to be allowed to operate at night,” said
Mr Kamau.
The authority further argued that since the
regulations came into effect on December 17, there had been no traffic
accidents at night.
NTSA further sought to downplay the financial loss
alleged by the operators, arguing that the bus owners have doubled
fares which have cushioned them.
Some of the requirements include having two
drivers on duty, installation of speed governors and proof of the
drivers’ fitness to navigate at night.
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