rtd inside final june - KRA Website Vehicles Purchase Tax Act Cap 484, and The Transport Licensing Act Cap 404. Operations of the department are however decentralized in all regional

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SERVICE DELIVERY CHARTER

Your Rights and Obligations


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Table of Contents TITLE PAGE

FOREWARD 3

ABBREVIATIONS AND DEFINITIONS 4

PART I INTRODUCTION 5 Preamble Service Delivery Charter

PART II GENERAL INFORMATION 8-9 Taxpayer Services Feedback Complaints Integrity KRA website

PART III YOUR RIGHTS AS TAXPAYER 11 -12 General information, courtesy and consideration, privacy and confindentiality, your right to question, Motor Vehicle Registration, issuance of logbooks, licensing and processing of documents PART IV YOUR OBLIGATIONS 13-15 Registration of motor vehicles, Registrar, Registration, Driving licences, Transfer, Duplicate, Dealers, Registry, TLB, Accuracy of your forms/returns, payment of taxes and fees, cooperation with KRA officers, disclosure and production of relevant information, records and documents

CONTACTS 16

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FOREWORD Dear Taxpayer

We are pleased to present to you the Road Transport Department (RTD) Service Charter for 2008/09. RTD is principally a service department which handles 65%

of KRA customers. This therefore calls for consistent provision of quality service to customers. The department has therefore developed a service charter in consultation with the Results Office under the Office of the President.

The RTD Service Charter outlines the service standards set to serve our customers better. The Charter spells out taxpayers rights and obligation and states the mutual expectations to be upheld in that relationship. RTD is fully committed to meeting these standards and ready to be held accountable to each commitment contained here-in. As we move along, we expect our standards to improve and change altogether.

The Department has implemented various tax reform measures which have culminated in better service. The Department record management system is fully automated and has in its custody critical data and digital images of important documents. The new generation logbook is now a reality, the Customs ‘Simba 2005’ system has been fully integrated with the Motor Vehicle Management System (VMS) thereby facilitating simultaneous payment of duty and registration fees. The Driving License Management System (DLMS) has also been created and data migrated to the oracle platform to facilitate decentralisation of issuance of driving licences. The Department is in the process of putting in place a system that will facilitate on-line lodgement of motor vehicle registration documents. To facilitate this, the motor vehicle management system has been web enabled. Further, KRA is at an advanced stage in establishing a call centre. The centre will be manned by skilled staff on a 24 hour cycle.

KRA is committed to enhancement of services rendered to its customers through continuous improvement of its processes. This way, the Authority will raise its service standards and address the needs of its broad taxpayer base. However, KRA will be pleased to receive sincere feedback from its customers to enable it improve its services. Taxpayers are at liberty to criticise the Authority as much as possible, as it is through such criticisms that KRA shall be able to improve on service delivery.

KRA also recognizes that the delivery of quality customer service can only be achieved through a motivated professional work force. The Authority shall therefore continue to invest in its staff and retrain them on a continuous basis. By outlining its commitments to you, the Authority is seeking to match its quality of service to customers needs. KRA therefore looks forward to continuous support from its customers as it embarks on implementing this service charter.

Simon ole KirgottyCommissioner of Motor Vehicles


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ABBREVIATIONS AND DEFINITIONSCIC - Complaints and Information CenterDLMS - Driving License Management SystemKRA - Kenya Revenue AuthorityPIN - Personal Identification Number

PSV - Public Service VehiclesRTD - Road Transport DepartmentTLB - Traffic Licensing BoardVMS - Vehicle Management System

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PART I: INTRODUCTION

Preamble

The Road Transport Department (RTD) is one of the revenue departments of the Kenya Revenue Authority with its headquarters in Times Tower Building, Nairobi. 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 license fee which was recently transferred to fuel development levy under Ministry of Energy) and other levies relating to the administration and enforcement of laws as provided under various Acts including: The Traffic Act Cap 403, the Second Hand Motor Vehicles Purchase Tax Act Cap 484, and The Transport Licensing Act Cap 404. Operations of the department are however decentralized in all regional offices in Kenya with RTD personnel spread across all the stations.

Service Delivery CharterThe Service Delivery Charter defines the rights and obligation of the taxpayers and describes the service standard that taxpayer’s should expect from RTD. Although some specific commitments contained here may have legislative links, the Charter itself does not confer legally enforceable rights on the taxpayer. It is an important guide for taxpayers as it documents the services and support due to a taxpayer from the Department.

It allows for an open and transparent approach which parties understand and can work within. The charter is a powerful tool for the department, management and staff to continuously improve service delivery to the general public and other stakeholders. It is a framework within which we seek to improve our customer relations culture and a means by which our performance as a department can be measured and benchmarked.


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The Department subscribes to the Vision, Mission and Core values of the Kenya Revenue Authority.

OUR VISION To be the leading Revenue Authority in the world respected for Professionalism, Integrity and Fairness.

OUR MISSION To promote compliance with Kenya’s tax, trade and border legislation and regulation by promoting standards set out in the Taxpayer’s Charter and responsible enforcement by highly motivated and professional staff thereby maximising revenue collection at the least possible cost for the socio-economic well being of all Kenyans.

OUR CORE VALUES Integrity We uphold the highest standards of honesty, truthfulness, r e l i a b i l i t y and honour.

Professionalism We ensure competency and efficiency and we focus on achieving excellence.

Fairness We are committed to applying the law consistently, responsibly and administering our requirements reasonably.

Equity We value differences in people and ideas and we treat others with dignity and esteem.

Commitment and Team workWe support the principle of teamwork and nurturing staff commitment

Corporate Social ResponsibilityWe value all our stakeholders and collaborate closely with them to nurture participatory social well-being.

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QUALITY POLICY STATEMENT Road Transport Department being a constituent department of Kenya Revenue Authority is committed to developing a dedicated professional team, embracing modern processes and technologies and delivering customer focused services that enhance compliance and revenue collection. The department shall endeavour to continually improve revenue collection and service delivery by meeting the requirements of ISO 9001:2000 Standard on Quality Management Systems.

QUALITY OBJECTIVES • Develop a dedicated and professional team • Reengineer business processes and modernize technology • Improve and expand taxpayer services • Enhance revenue collection and strengthen enforcement

FUNCTIONS OF ROAD TRANSPORT DEPARTMENT• Registration of motor vehicles and Trailers • Licensing of drivers• Transfer of motor vehicle ownership • Issue of duplicate registration books and licenses • Issue of motor vehicle copy of records • Keeping and maintenance of such records • Promote road safety • Collection of Traffic Revenue related to Administration of Traffic Act, Second hand MV Purchase Act and TLB Act • Licensing driving schools and instructors • Licensing of motor vehicle dealers

ROLE OF ROAD TRANSPORT DEPARTMENT IN ROAD SAFETYRTD promotes Road Safety by:• Ensuring all vehicles being registered are fit for the purpose which they are intended to be used• Issuing licenses to qualified drivers• Assigning vehicle number plates hence ensuring easy identification


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PART II: GENERAL INFORMATIONTaxpayer Services Road Transport Department (RTD) seeks to assure quality, courteous, and equitable services to taxpayers by providing comprehensive and standardized tax education, information that promote partnership and voluntary compliance. In conjunction with Taxpayer Services Division we shall:

• Simplify our business processes and retrain staff on customer relations, taxation, accounting and audit

• Sensitize taxpayers on their rights and available channels of redress • Develop and issue simplified publications that contain information on

all taxes administered by RTD• Assist taxpayers understand and meet their tax obligations

Road Transport Department Feedback/ComplaintsRTD welcomes your feedback either in the form of a compliment, complaints or queries. This may be done through suggestion boxes strategically placed in our offices, electronic mail, postal mail or telephone. Feedback should be made directly to the Commissioner, Station Managers, Regional Managers and departmental heads and we shall endeavour to respond immediately.

Complaints may be addressed to :- Complaints and Information Centre (CIC)

Tel (020)310900/ 281-7700 Email: [email protected]

To facilitate review of your case we advise that you outline the complaint in writing. State and provide the information specified below:- • Your contacts • Brief description of your complaint • Steps taken to resolve it so far • Copies of documents that you think are relevant.


IntegrityThe department expects its staff to uphold the highest standards of integrity in their provision of services. This shall be in conformity to the laws of the land and KRA code of conduct. KRA wishes to appeal to all taxpayers and stakeholders to maintain high levels of professionalism and integrity in all their dealings with KRA officials.

KRA Website You may also visit the KRA website: http://www.kra.go.ke for more details and for enquiries you may reach us using the contacts provided in the last page.

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PART III: 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 ConsiderationYou 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 HonestyYou are presumed honest unless there is evidence to the contrary.

Privacy and ConfidentialityYou 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 EquityWe 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 usYou 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.

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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.

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

Motor vehicle registration, issuance of Log Books, Licensing and processing of documents.Upon receipt of application and payment of the prescribed fees for various services, it is your right to receive services within the time frame outlined below.

• Registration of motor vehicle Within 2 days

• Processing and dispatch of new log books Within 5 days

• Processing and dispatch of duplicate logbooks Within 7 days

• Processing of transfer of ownership and dispatch of logbook. Within 3 days

• Processing of replacement number plates Within 4 days

• Copy of motor vehicle records Within 1 day

• Issuance of foreign vehicle permits On the spot

• Issuance of certificate of ownership Within 1 day

• Issuance of foreign vehicle permits On the spot

• Issuance of interim/provisional driving license On the spot

• Processing and dispatch of new driving licenses Within 7 days


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• Processing and dispatch of duplicate Within 5 daysdriving licenses

• Renewal of driving license On the spot

• Endorsement of additional class on driving license

• Nairobi applications On the spot

• Applications for out stations Within 5 days

• Issuance of TLB licenses for Public Service Vehicles On the spot

• Processing of PSV badges (Drivers and Within 1 day Conductors )

• Processing of PSV licenses (for Drivers and Conductors) Within 1 day

• Issuance of Kenya Garage number plates Within 1 day

• Caveat on motor vehicles and driving licenses Within 2 days

Delay in Service Delivery may result from non-compliance with your obligations

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PART IV: 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 vehiclesYou 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 de-register any vehicle(s) which have been registered irregularly.

Other obligations:

RegistrarWhen 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.

RegistrationThe 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 LicencesThe 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.


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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.

TransferYou 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.

DealersA 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.

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RegistryThe 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.

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

Accuracy of your Forms/ReturnsWhen completing forms/returns, you have an obligation to ensure thatthe 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 feesYou have an obligation to make payment of taxes and fees on the required services. Any taxes/fees that remain unpaid after assesment/demand will attract penalties as stipulated in the various Acts.

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

Disclosure and production of relevant information, records anddocumentsYou have an obligation to disclose and produce all relevant information,records and documents required by RTD’s official and by extension KRAwhen 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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RTD CONTACTS COUNTRYWIDE

Documents

rtd inside final june - KRA Website Vehicles Purchase Tax Act Cap 484, and The Transport Licensing Act Cap 404. Operations of the department are however decentralized in all regional