How vehicles will be classified under new NTSA rules
Heavy commercial vehicles operating on Kenyan roads are no longer just trucks; they are now legally recognised workplaces
Heavy commercial vehicles operating on Kenyan roads are no longer just trucks; they are now legally recognised workplaces under sweeping new government regulations set to take effect from July 1.
The National Transport and Safety Authority (NTSA) introduced the 2026 Commercial Vehicles Regulations, fundamentally changing how the law treats lorries, trailers, and other heavy haulage vehicles above 3,048 kilogrammes tare weight.
Under Regulation 5, NTSA deems any such vehicle to be a workplace within the meaning of the Occupational Safety and Health Act, Cap. 236A, placing it in the same legal category as a factory or office building.
“A commercial vehicle shall be deemed to be a workplace within the meaning assigned to “workplace” under section 2 of the Occupational Safety and Health Act,” states the regulation.
This single provision shifts enormous legal responsibility onto truck owners, carriers, and operators, who must now comply with occupational safety standards that previously did not apply to vehicles.
To operate legally, every commercial vehicle owner or carrier must hold a valid commercial vehicle operator licence, renewable annually at Ksh2,000, plus a road and renewal licence costing Ksh500 per vehicle.
Additionally, each qualifying vehicle must carry third-party insurance, a valid inspection certificate, a speed limiter, a vehicular telematics system, and retro-reflective contour markings of at least two inches wide.
Vehicles must also be fitted with fire extinguishers, first-aid kits, and underride protection devices on the rear and sides, all in accordance with Kenya Bureau of Standards (KEBS) specifications.
Drivers also carry fresh obligations, including pre-trip and post-trip inspections, strict adherence to maximum driving hours, and immediate reporting of any mechanical faults to the vehicle operator.
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Before this year, Kenya’s legal framework for commercial vehicles was rooted in the Traffic Act, Cap. 403, which defined such vehicles purely by their physical construction or adaptation for carrying goods.
The old system grouped motor vehicles into broad classes such as motor omnibuses, heavy commercial vehicles, tractors, motor-cars, and matatus, with no concept of a vehicle being a workplace.
Operational requirements under that framework focused heavily on a vehicle’s physical attributes, weight, and purpose, rather than the environment it created for the people working in and around it.
The 2018 NTSA Commercial Service Vehicles Regulations applied weight-based thresholds but fell short of the fundamental workplace reclassification introduced by the 2026 rules.
Violating the new regulations carries penalties of up to Ksh20,000 in fines, six months imprisonment, or both, with NTSA holding the power to suspend or revoke licenses of non-compliant operators.
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