Kenyan motorists will soon be required to take their vehicles and motorcycles for mandatory emissions testing following the gazettment of the Environmental Management and Coordination (Air Quality) Regulations, 2024.
As detailed in the regulations prepared by the National Environment Management Authority (NEMA), the new regulations will be enforced to prevent and control air pollution.
Consequently, upon the rollout of the new regulations, all commercial and Public Service Vehicles (PSVs) will undergo emission tests annually.
On the other hand, all private vehicles, which are over five years old, will undergo emission tests once in every two years.
"Every vehicle owner or operator shall ensure their vehicles undergo emission testing at centres designated by the authority," read the regulations in part.
How the Plan Will Be Implemented and Charges
As part of the implementation, NEMA will license various testing centres to undertake the emissions tests.
Equally, the testing centres will charge motorists for the testing exercise depending on the type of vehicles and their size.
For instance, the gazetted testing fee for motorcycles was set at Ksh1,000.
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For vehicles which are less than 3.5 tonnes in tare weight (when the vehicle is empty), motorists will be charged Ksh5,000 for a single test. Vehicles exceeding 3.5 tonnes but less than 7 tonnes in tare weight will be charged Ksh10,000 per test.
Motor vehicles exceeding 7 tonnes in tare weight will be charged Ksh20,000 per test.
"Every vehicle undergoing an emissions testing shall be required to pay to the Designated Emissions Testing Centre the prescribed fees as provided under the Thirteenth Schedule of this regulation," NEMA added in the regulations.
"The Authority shall issue a certificate of compliance for the mobile source that meets the emission limits."
Fines - Pollution Tax
Equally, penalties will be imposed on motorists whose vehicles are discovered to be non-compliant with the stipulated emissions limits.
For instance, should the test indicate that the vehicle is emitting above the required standards, a vehicle owner will be obligated to take corrective measures before being issued a compliance certificate.
Failing another retest will result in the imposition of a pollution tax.
"A deviation of 10% from the emission limits shall attract an additional 100% of the total cost of the emission testing fee," read the regulations in part.
"Any incremental deviation for every 10% or part thereof shall attract an additional Ksh20,000."
Notably, vehicles which are established to be non-compliant with the set standards for five years risk being declared environmentally unfit. This will result in the vehicle being deregistered by the National Transport and Safety Authority (NTSA).
“Upon declaration of the mobile source as environmentally unfit, the Authority shall notify the agency responsible for registration to deregister the mobile source. Upon deregistration, the Authority shall order scrappage of the environmentally unfit mobile sources in line with the relevant legislation,” NEMA explained.
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