NTSA’s Demerit Points Could See You Lose Your Driving Licence

NTSA on June 1 rolled out the traffic instant fine system, which is integrated with the demerit points system that penalises drivers for various traffic offences.

As outlined in section 117A of the Traffic Act, the points are usually credited to an individual's driving licence. Once an individual reaches a set limit, they risk having their licence suspended.

The demerit points system is not unique to Kenya and is widely used in countries such as the US, Australia, the United Kingdom, Canada and Singapore to discourage repeat traffic offenders and improve road safety.

Also Read: List of 37 Traffic Instant Fines as NTSA Installs Smart Cameras on Roads

How the Instant Fines System and Demerit Points Work

Under the new system, cameras and police officers will track minor offences on the roads, and motorists will be issued with a traffic offence notice. They will then choose either to pay the prescribed fine or challenge the offence in court.

Whether convicted by a court or opting to pay the prescribed fine, demerit points will be recorded against the driver's licence depending on the offence committed.

“Demerit points are penalties added to your driving record. Each offence carries points, points accumulate over time, and too many points may trigger sanctions (e.g. licence suspension). This system helps track repeat offenders and improve road safety,” NTSA stated.

Demerit Points System and Driving Licence Suspensions

The Traffic Act provides that drivers who accumulate:

• 10 to 13 demerit points risk having their driving licence suspended for six months.
• 14 to 19 demerit points risk having their driving licence suspended for one year.
• 20 points or more risk having their driving licence suspended for two years.

"Where demerit points have been recorded against a person's licence under this section, and for a period of three years after the date of the latest recording, no further demerit points are recorded, the demerit points shall be expunged from the records, provided that in calculating the period of three years, no account shall be taken of any period of disqualification pursuant to subsection (4), or by virtue of an order of the court under any other provision of this Act," reads the Act in part.

Also Read: Police Powers Under the Traffic Act

Some Minor Traffic Offences and Their Demerit Points

6 Demerit Points

• Exceeding the speed limit by 31 km/h or more
• Overtaking in a manner that obstructs oncoming vehicles
• Failure to obey a red light or stop sign

4 Demerit Points

• Driving without registration plates affixed
• Exceeding the speed limit by 21–30 km/h

2 Demerit Points

• Exceeding the speed limit by 10–20 km/h
• Failure to stop when required by a police officer
• Failure to obey police commands
• Failure to comply with other traffic signs

However, there are major traffic offences that attract higher demerit points. As pointed out by NTSA, the instant fine system will be used for the administration of minor traffic offences.

Major traffic offences that attract 14 demerit points include driving while disqualified, driving under the influence of alcohol or drugs, causing death by dangerous driving or obstruction, and failure to provide a breath specimen when required by police.

The 14-point penalty also applies to failure to submit to breath analysis, deliberately altering alcohol concentration in breath or blood, and driving without due care and attention (previously known as reckless driving).