The Transport Licence Appeals Board (TLAB) has issued an interim order restoring services by Super Metro buses pending a ruling Thursday following their suspension by the National Transport and Security Authority (NTSA).
The tribunal ordered that the company resumes its services in compliance with the law.
“Pending inter-parties hearing pending a memorandum of appeal on Thursday, an interim order is hereby issued staying the execution of enforcement operation issued last week suspending the operation by Super Metro. The applicant is at liberty to resume operation in compliance with the law,” The TLAB Chairman Adrian Kamotho stated.
Kamotho directed that the Inspector General of Police be served with the directions issued to avoid the buses being clamped by traffic police officers.
The interim orders by TLAB comes after the company filed a complaint to the tribunal challenging the decision by NTSA to suspend them over non-compliance adding that it was unjust and arbitrary.
They claimed that the suspension would impede their operations and cripple the lives of thousands of families who depend on those employed by them.
Super Metro asserted that the suspension was based on conjecture and insufficiently investigated facts.
This comes as relief to the Sacco who were last week suspended from operating until they comply with the 2014 Public Service Regulations amongst other set conditions.
“This is to notify the Public that the Authority has suspended Super Metro Limited’s operator license until the Company fully complies with the Public Service Vehicles Regulations, 2014,” NTSA said in a statement.
A report by NTSA revealed that out of five hundred and twenty-three (523) vehicles, a total of fifteen (15) vehicles had expired inspection certificates, and eight (8) vehicles had expired Road Service Licenses (RSL).
The revelations further indicated that five vehicles had expired speed limiter certificates, eighty-eight (88) vehicles were not transmitting speed data, one hundred and seventy-one vehicles had no speed limiter records, and seven vehicles had no speed limiter vendor details while one hundred and nine vehicles were operating beyond the speed limit of 80Kph.
According to NTSA, Super Metro has violated the provisions of the NTSA (Operation of Public Service Vehicles) Regulations 2014, Section 5,1 (e)
NTSA further accused of employing drivers who do not meet the set standards presenting a major road safety.
The authority has ordered that the company present the two hundred and ninety-four vehicles with various violations to the respective speed limiter vendors for compliance checks and obtain compliance reports.
They also directed that the unqualified drivers be disengaged as they present the 42 out of the one hundred and nine drivers with speed violations, for a retest at the Likoni Driver Test Centre.
“The Company must immediately disengage unqualified drivers for the safety of all road users as they present forty-two drivers with speed violations, for a retest. 64 drivers failed a retest earlier this month and this led to the suspension of their respective driving licenses,” the authority directed.
Over the weekend, Super Metro presented their vehicles as the NTSA inspection Centre located at Industrial area.