NTSA answers 5 critical questions about purchase, insurance of motor vehicles
By adhering to these guidelines, vehicle owners can stay compliant with NTSA regulations and avoid potential legal complications.
The National Transport and Safety Authority (NTSA) has clarified some important questions regarding motor vehicle ownership, insurance, and transfers to ensure that vehicle owners comply with legal and safety requirements in Kenya.
In a lengthy notice dubbed important on the authority’s social media pages, NTSA highlighted what vehicle owners should beware of in terms of insurance and ownership.
1. Is it mandatory to insure your vehicle?
According to NTSA, every motor vehicle must be insured against at least third-party risks. “A vehicle that is insured against third-party risks is deemed to be compliant,” NTSA explains.
If a vehicle is found without insurance, it can be impounded, and the owner or driver may face fines or imprisonment.
Additionally, the owner or driver will be personally responsible for any damages the vehicle causes in the event of an accident.
2. Can you drive a vehicle that has been purchased but not transferred to the new owner?
No, it is illegal to drive a vehicle that has not been transferred to the buyer after purchase. According to NTSA,
“No motor vehicle or trailer the ownership of which has been transferred by the registered owner shall be used on a road for more than fourteen days after the date of such transfer unless the new owner is registered,” says NTSA.
Driving the vehicle after the 14 days without completing the transfer is a violation of the law, and the buyer could face legal consequences.
3. What happens if the seller cannot be traced or refuses to transfer ownership?
According to NTSA, if the seller cannot be located or refuses to complete the transfer of ownership, the buyer can initiate a forced transfer through the NTSA service portal.
“If the seller or buyer declines to accept and/or initiate the transfer of ownership, it would be a contravention of the law,” NTSA states.
The buyer can access this alternative service and ensure the vehicle is registered in their name.
4. What should a registered owner do if the buyer refuses to transfer the vehicle?
If the buyer does not initiate the vehicle transfer, the registered owner remains legally responsible for any incidents involving the vehicle, such as accidents or crimes.
NTSA advises that the registered owner should notify the Authority by writing an official letter and requesting a caveat to be placed on the vehicle.
The letter should be accompanied by documents such as the motor vehicle sale agreement, the buyer’s KRA PIN, and their National ID.
5. Should the vehicle’s logbook details match the actual vehicle?
“The Traffic Act requires that in the event of any change of circumstance which affects the accuracy of the registered particulars of any vehicle, the Authority must be informed,” NTSA explains.
If the logbook details are incorrect or outdated, it could prevent the issuance of insurance cover.