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ROAD TRANSPORT DEPARTMENT

Introduction
The Road Transport Department (RTD) was established by the Traffic Act Cap 403 of 1954 to regulate the road transport industry in Kenya under the Ministry of Transport. It was transferred to Kenya Revenue Authority (KRA) in 1995. While KRA is responsible for enforcing the Acts, policy decisions are usually made by the Ministry of Transport.

The department is entrusted with the responsibility of registration of  motor vehicles and trailers, licensing of motor vehicles and drivers, safe custody of all motor vehicles and drivers records and collection of licensing fees ( with the exemption of road licence fee which was recently transferred to fuel development levy under the Ministry of Energy) and other levies relating to the administration and enforcement of laws provided under the various Acts including : Traffic Act Cap 403, the Second Hand Motor Vehicle Purchase Tax Act  Cap 484, and the Transport Licensing Act Cap 404.
The key functions and outputs of the RTD department are given in Table 1


Table 1: Functions and Output of RTD

Function

Output

Registration of motor vehicles and trailers

Number Plates and Logbook

Licensing of motor vehicles and trailers

TLB Licences

Licensing of drivers and conductors

PSV Badges and licence for conductors
and drivers

Keeping of motor vehicles and drivers records

Copy of M/V records and Drivers records

Licensing of motor vehicle dealers
Second Hand Motor Vehicle Dealers Licence
General Dealers License – (Issue KG Plates)
New Motor Vehicle Dealers License

Licensing of driving schools and instructors

Instructors License

Transfer of motor vehicle ownership

Transfer of Motor Vehicles

Duplicate registration books and driving licenses

Duplicate logbook and Driving License

Issuance of motor vehicles copy of records

Copy of records

Collection of Traffic revenue related to:
  • The Traffic Act Cap 403
  • Second Hand Motor Vehicle Purchase Act Cap 484

Registration of motor vehicles, licensing of drivers, KG Plates


Second Hand Motor Vehicle Purchase Tax,

The Transport Licensing Act Cap 404

 Road Service Licence for buses and matatus 

Promoting road safety by assisting the
Association of Kenya Insurers in ensuring that
vehicles are insured before being licensed

Road trips completed safely


RIGHTS & OBLIGATIONS OF RTD CUSTOMERS/TAXPAYERS’

YOUR RIGHTS

Generally, as a taxpayer you have RIGHTS in your dealings with the department and by extension KRA, on matters related to taxes administered by KRA. These rights include:

Information
You are entitled to complete, timely and accurate information on your rights and obligations under the various Acts administered by Kenya Revenue Authority.

Impartiality
You are entitled to demand impartial application of the law. It is the responsibility of road transport department to collect only the correct amount of tax, duties, levies and fees.

Courtesy and Consideration
You are entitled to courteous, considerate and non discriminatory treatment in your dealings with the department’s officials when requesting for information, arranging for an interview, audit or any other matters related to RTD activities.

Presumption and Honesty
You are presumed honest unless there is evidence to the contrary.

 

Privacy and Confidentiality
You are assured that personal and financial information which you provide to RTD shall only be used for purposes of carrying out lawful duties unless we have your express authority to do otherwise or in situations permitted by law.

Consistency and Equity
We will apply the law consistently so everyone gets their entitlement and pays the right amount. We will take your particular circumstances into account as far as the law allows.

Your right to Question us
You may question information, advice and service given to you. We will inform you on options available for resolving disputes and will work with you to reach an amicable solution.


CHARTER
Identification
You have a right to demand an official identification card from any of our staff visiting you on official duties. You may also call your nearest KRA office to confirm the identity of the officer visiting you if still in doubt of the identification provided. The contacts for various offices are given at the end of this charter document.

Representation
As a taxpayer you have a right to be represented by an authorized / licensed agent of your choice.

YOUR OBLIGATIONS

All persons who are taxpayers or are eligible taxpayers have obligations to comply with tax laws under the various tax Acts:

Registration of motor vehicles
You have an obligation to ensure that any vehicle(s) you present to the Registrar of Motor vehicles have been properly acquired and all duties and taxes paid in full. The Registrar of Motor Vehicles has powers to deregister any vehicle(s) which have been registered irregularly.

Other obligations:

Registrar
When applying for the services provided by RTD, a taxpayer has an obligation to use prescribed documents obtained from RTD offices, downloaded from KRA website or received through official mail.

Registration
The registered owner of a motor vehicle/trailer has an obligation to apply for replacement of lost/defaced logbook and number plates. Any person with insurable interest of a motor vehicle/trailer has an obligation to ensure that he/she is the registered owner. Any person importing a second hand motor vehicle/trailer has an obligation to apply for registration to the Registrar of Motor Vehicles prior to exiting the designated custom area.

Driving Licences
The holder of a Driving License has an obligation to apply for replacement of a lost/defaced License. Any taxpayer in possession of certificate of competency issued after passing a driving test has an obligation to apply for driving licence from the Registrar of Motor Vehicles within 90 days. Failure to which, the certificate shall be deemed to have expired.


SERVICE DELIVERY CHARTER
Any owner of a Public Service Vehicle (s) has an obligation to ensure that his/her drivers have valid driving licences, PSV lincenses and badges, while conductors have valid PSV licences and badges. Driving School owners have an obligation to employ only licensed driving
school instructors.

Transfer
You have an obligation to transfer ownership of a motor vehicle or trailer within 14 days from date of purchase. Upon transfer of ownership of motor vehicle or trailer, the registered
Owner has an obligation to inform the Registrar of Motor Vehicles of the change and address of the new owner within 7 days.
Any registered owner in possession of a duty free motor vehicle has an obligation to pay taxes prior to transfer to a non exempt buyer. The transferee of a motor vehicle/trailer has an obligation to pay all applicable fees prior to transfer of the same.

Duplicate
The registered owner of a motor vehicle/trailer has an obligation to notify the Registrar of Motor Vehicles on any material changes and Modifications made on the vehicle/trailer.

Dealers
A registered dealer has an obligation to inform the Registrar of Motor Vehicles of any vehicle(s) held for resale and the address(es) of new owner(s) within 7 days after sale. Any person carrying out business of buying and selling Motor Vehicles/ Trailers, has an obligation to apply to the Registrar of Motor Vehicles for a dealer’s licence.
Any person who imports more than four (4) vehicles in a calendar year has an obligation to apply to the Registrar of Motor vehicles for a dealer’s licence.
Any person(s) in possession of a dealers general licence has an obligation to renew it annually.
15
Registry
The registered owner of a written-off motor vehicle/trailer has an obligation to surrender the logbook and number plates to the Registrar of Motor Vehicles.
Any registered owner of a motor vehicle intended to be exported permanently out of Kenya has an obligation to apply to the Registrar of Motor Vehicle for a de-registration certificate.

TLB
Any owner of a PSV vehicle has an obligation to apply for a Road Service Licence and thereafter renew it annually.

Accuracy of your Forms/Returns
When completing forms/returns, you have an obligation to ensure that the forms/returns and declarations represent full and true disclosure of the transactions. RTD may cross check the information you have provided. The Law provides for penalty for an incorrect form/return and
or prosecution in case of gross negligence or fraud.

Payment of Taxes and fees
You have an obligation to make payment of taxes and fees on the required services. Any taxes/fees that remain unpaid after assessment/demand will attract penalties as stipulated in the various Acts.

Cooperation with KRA officers
You have an obligation to accord KRA officials cooperation, due respect and freedom to carry out their lawful duties. You should not intimidate, abuse, threaten or influence them in any manner whatsoever, whether financial or otherwise.

Disclosure and production of relevant information, records and documents
You have an obligation to disclose and produce all relevant information, records and documents required by RTD’s official and by extension KRA when carrying out their lawful duties. It is an offence to refuse to give or to withhold information, records or documents. Penalties for this offence have been prescribed under the various revenue Acts.

 
 

 

 
 
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