CHAPTER 163

THE MOTOR VEHICLE DRIVING

SCHOOLS (LICENSING) ACT
[PRINCIPAL LEGISLATION]

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Arrangement of Sections

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Section Title

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1. Short title.

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2. Interpretation.

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3. Licensing of proprietors of driving schools.

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4. Regulations regarding driving instructors.

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5. Additional regulations.

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6. Offences by corporations, etc.

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7. Exceptions.
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 CHAPTER 163

THE MOTOR VEHICLE DRIVING SCHOOLS (LICENSING) ACT

An Act to provide for the licensing of proprietors of motor vehicle driving

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schools and the prescription of qualifications for driving instructors and

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for connected matters.

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[26th March, 1965]

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Act No.

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14 of 1965

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[R.L. Cap. 584]

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1. This Act may be cited as the Motor Vehicle Driving Schools

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Short title

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(Licensing) Act.

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Interpretation 2. In this Act, unless the context otherwise requires-
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“driving school” means any establishment in or by which

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instruction in the driving of motor vehicles is given for

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reward, and includes any person who gives instruction

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for reward otherwise than in the course of employment

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by the proprietor of a driving school;

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“proprietor of a driving school” includes any person who

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gives instruction for reward otherwise than in the course

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of employment by a proprietor of a driving school;

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“Minister” means the Minister responsible for Road Traffic.

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3.–(1) The Minister may make regulations for the licensing of

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Licensing of
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proprietors of
proprietors of driving schools.
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driving schools
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(2) In addition to any provision which may be made under

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section 5, regulations made under this section may-

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(a) prescribe licensing authorities;

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(b) prescribe the terms and conditions on which licences

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may be granted and renewed and those in which

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licences may be revoked; and

(c) limit the number of licences that may be granted in
any area.

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 THE MOTOR VEHICLE DRIVING SCHOOLS (LICENSING) ACT  [CAP. 163 R.E. 2023]

(3) After the expiration of six months from the

commencement of the first regulations made under subsection
(1) of this section, a person shall not give or offer to give any
driving instruction for reward unless he is licensed as the
proprietor of a driving school under regulations made under

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that subsection, or he is employed as a driving instructor by

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a person so licensed and such instruction is given or is to be

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given in the course of such employment.

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(4) A person who contravenes the provisions of subsection

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(3) commits an offence and on conviction shall be liable to a

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fine not exceeding five thousand shillings.

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4.–(1) The Minister may make regulations prescribing the

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Regulations

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regarding driving
qualifications, testing and registration of driving instructors.

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instructors

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(2) After the expiration of six months from the
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commencement of the regulations made under subsection (1)-
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(a) a person shall not give a driving instruction for reward

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unless he has the qualifications for driving instructors,

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and has passed a test and is registered in any manner as

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prescribed in the regulations;

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(b) a proprietor of a driving school shall not employ a

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person to give driving instruction unless that person

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has qualifications, after passing test, and is registered

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accordingly.
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(3) A person who contravenes the provisions of subsection

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(2) commits an offence and on conviction shall be liable to a

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fine not exceeding five thousand shillings.

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Additional 5.–(1) The Minister may make regulations-

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regulations
(a) prescribing a uniform code of driving instruction to be
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observed by driving schools;

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(b) prescribing the vehicles and equipment to be used by

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driving schools for the purpose of driving instruction;

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(c) prescribing the marks to be exhibited on motor vehicles

used by driving schools for the purpose of driving
instruction;

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 THE MOTOR VEHICLE DRIVING SCHOOLS (LICENSING) ACT [CAP. 163 R.E. 2023]

(d) prescribing the maximum charges, or authorising

licensing authorities to fix within such limits as may
be prescribed the maximum charges, which may be
charged for driving instruction;
(e) providing for the inspection of driving schools and

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vehicles and equipment used by driving schools for the

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purpose of driving instruction, and of the books and

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accounts of driving schools;

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(f) prescribing the fees to be paid on the grant or renewal

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of licences, for any test and for any registration, under

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this Act; and

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(g) making such other provision as is incidental to the

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licensing of driving schools and to the prescription of

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the qualifications, testing and registration of driving

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instructors. re
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(2) There may be annexed to the breach of any regulation
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made under this Act, a penalty not exceeding a fine of two

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thousand shillings.
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Offences by 6. Where an offence against this Act or any regulations made

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corporations, etc.
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hereunder is committed by a corporation, firm or other

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association, a person who at the time of the offence was a

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director, manager, secretary or other similar officer of such

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corporation, firm or association, or who was at the time

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concerned or purported to act in the management of its affairs,

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shall be severally liable to prosecution and punishment in like

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manner as if he had himself committed the offence unless he

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proves that, the offence was committed without his consent

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and that, he took all reasonable steps to prevent its commission.

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Exceptions 7. This Act shall not apply to any person in the service of the
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United Republic, the common services organisation or any

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self-contained service thereof, who gives driving instruction

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in the course of his duties.

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