THE LAW AND TRANSPORT IN UGANDA.

1. Introduction;
The transport sector is one of the most crucial sectors in Uganda as
other sectors depend on it either directly or indirectly. The state of
transport infrastructures directly impacts on the performance of
other sectors respectively.
Uganda is basically served by road transport and the majority of
people use road public transport.
According to ECONOMY WATCH, Railways in Uganda total to 1,244
km with narrow gauge of 1.000m gauge (2008), Roadways total to
20,000 km (not including local roads); paved: 3,264 km; unpaved
16,736 km (2011), Waterways (there are no long navigable
stretches of river in Uganda in parts of the Albert Nile that flow out
of lake Albert, Several lakes including Lake Victoria and Lake Kyoga
have substantial traffic; lake Albert is navigable along a 200 km
stretch from it’s northern tip to it’s southern shores) (2011).

The Ministry of Works and Transport is a cabinet level ministry

that is mandated to plan, develop and maintain an economic,
efficient and effective transport infrastructure, and transport
services by road, rail, water and air. The ministry has auxiliary
institutions and allied agencies which include, The National Roads
Authority, Uganda Roads Fund, Rift Valley Railways, Civil
Aviation Authority, Uganda Railway Co-operation among others.
Through this ministry, the government of Uganda has took several
steps to appraise progress of the transport sector.
In 2018, the government of Uganda together with the Ministry of
Works and Transport conducted the 14th Annual Joint Transport
Sector Review (JTSR) under the theme “Development of a
Multi-modal transport to accelerate inclusive Growth”.
In the same year, H.E Yoweri Kaguta Museveni on Wednesday 17th
October 2018 also commissioned the newly completed source of
the Nile Bridge in Jinja to connect Jinja and Buikwe districts over
River Nile. This was funded by both the government of Uganda and
the Japanese government with a loan of USD 125M.

Over the years, the amount of funds allocated to the Transport

sector by the Ugandan government has been increasing every
Financial Year, and sources show that, in Financial Year 2018/2019
the sector has been allocated 4.8 trillion compared to Ushs 4,587
billion in Financial Year 2017/18 and Ushs 3,824 billion in Financial
Year 2016/2017.
2. TRANSPORT LAW.

What is Transport law?

What is “Transport law” is a question that could be often asked by
students, academicians, lawyers and lay persons. The person
attempting to respond often searches in vain for a response that is
cogent and demonstrates some modicum of understanding of
“Transport law”. Perhaps the difficulty in articulating a response is,
in part, a result of uncertainty related to what information being
sought. Simply stated, Transport law specifically concentrates on
the laws and regulations governing the transport sector of a given
nation. In addition, one can not talk about transport and does not
talk about the laws, the legal systems process and institutions that
codify transport safety regulations and how they influence the
transport sector.

Transport law in Uganda;

In this article, I will attempt to expound on the different laws and
regulations within Uganda’s transport sector to show how transport
represent an independent corpus of law or perhaps a matter of
academic curiosity.
The enactment and improvement of the Ugandan transport
legislation is an ongoing process. Notably, greatest attention has
been given to the harmonization of the Ugandan transport
legislation through several legal acts which have been fully or
partly implemented in Uganda. This implies that the drafting of
new regulations and laws regulating transport activities and the
improvement of the existing is still underway.
There are many laws relating to transport in Uganda and these laws
cross over the to different types of transport in Uganda (Road,
Railway, Air and Water transport).

3. REGULATORY FRAMEWORK;

i. ROAD TRANSPORT.
Road transport in Uganda is managed by the Uganda National Roads
Authority (UNRA) which is a government agency mandated to
develop and maintain the national roads network, advise the
government on general roads policy, contribute to the addressing
of national transport concerns and perform certain other functions.
Different Acts, statutes and regulatory instruments have been
enacted to regulate the law relating to “Road Transport”.
A.M.O Connor in his book titled, “Railways and development in
Uganda”, argues that, “A fundamental difference between Uganda
and some other countries of tropical Africa is the extent and
quality of the road network”
Laws
Traffic and Road Safety Act, 1998.
This act consolidates and amends the law relating to road traffic;
to provide for the National Roads Safety Council and the Transport
Licensing Board, to revise the penalties prescribed in relation to
road traffic offenses and for other purposes connected with road
traffic and road safety.
Section 11(1) of this act provides for the classification of motor
vehicles, trailers and engineering plant into; heavy goods vehicles,
heavy omnibuses, heavy tractors, medium goods vehicles, medium
goods vehicles, medium omnibuses, light goods vehicles, light
omnibuses, tractors, motorcars e.t.c.
Section 33(1) provides that any person who uses or permits to be
used on any road a motor vehicle, trailer or engineering plant
which is not registered in accordance with this Act commits an
offence and is liable on conviction to a fine of not less than ten
currency points or imprisonment of not less than one year and not
exceeding two years or both.

The Traffic and Road Safety (Speed limits) Regulations, 2004.

These regulations specify the maximum speed limits in urban areas,
trading centers or other build up areas for vehicles in the First and
Second Schedule of these regulations.
Regulation 3 provides that any person who exceeds a speed limit
specified in the first and second schedule of these regulations
commits an offence and is liable, on conviction, to a fine not less
than five currency points and not exceeding ten currency points or
imprisonment not exceeding one year, or both.
First schedule. (Maximum speed limits in Urban areas, trading
centers and other built-up areas)
Vehicle type. Speed limit(Km per hour)
Motor cars constructed to carry 50
passengers and motorcycles.
Public service vehicles and private 50
omnibuses.
Motorcars and dual purpose vehicles that 50
are drawing trailers
Light goods vehicles 50
Medium goods vehicles 50
Heavy goods vehicles 50
Tractors 40
Tractors when drawing trailers 30
Engineering plant 30
Second Schedule (Maximum speed limits in Rural areas).
Vehicle type Speed limit(km per hour)

Paved roads Gravel Roads

Motorcars constructed to carry 100 80

passengers, and motorcycles
Public service vehicles and 80 60
private omnibuses
Light goods vehicles 80 60
Medium goods vehicles 80 60
Heavy goods vehicles 60 60
Tractors 40 40
Tractors when drawing trailers 30 30
Engineering plant 30 30

The Traffic and Road Safety (Rules of the Road) Regulations,

2004.
These regulations specify the rules of the road in Uganda as
conferred upon the Minister responsible for Works, housing and
communications by Section 78(1) of the Traffic and Road Safety
Act.
Regulation 3(1) provides for the general conduct of road users.
The regulation goes further and provides that every road user must
show due care and attention and be alert and cautious so that he or
she does not endanger or obstruct traffic; he or she shall avoid all
behaviour that might cause damage to persons, or public or private
property.

The Traffic and Road Safety (Prescribed Alcohol limit)

Regulations, 2004.
These regulations specify the prescribed Alcohol limit level for
road drivers as conferred upon the Minister responsible for works,
housing and communication by Sections 178(2) and 117 of the
Traffic and Road Safety Act.
Regulation 2 provides for the prescribed blood alcohol beyond
which a person is not allowed to drive a motor vehicle.(80
milligrams of alcohol in 100 milliliters of blood).
Regulation 3 provides that the prescribed breath alcohol level
beyond which a person is not allowed to drive a motor vehicles
is 35 milligrams of alcohol in 100 milligrams of breath.
The Traffic and Road Safety (Regulation of use of mobile
telephones) Regulations, 2014.
These regulations restrict the use of mobile telephones by road
drivers as conferred upon the minister responsible for
communication by Section 178(2)(h) of the Traffic and Road Safety
Act.
Regulation 3 provides that a person shall not while driving a motor
vehicle, use a hand-held mobile telephone or while instructing a
learner driver, in the process of driving, use a hand held mobile
telephone.
Regulation 4 provides an exemption to Regulation 3 by providing
that a person does not contravene regulation 3, if he or she is using
a hand free kit or similar device inserted to the mobile telephone.
Regulation 5 provides that any person who contravenes Regulation
3 commits an offence and is liable, on conviction, to a fine of not
less than five currency points and not exceeding ten currency
points.

The Traffic and Road Safety (Wearing of Safety Belts)

Regulations, 2004.
These regulations specify the law relating to the wearing of safety
belts by road drivers and passengers as provided under Section
178(2)(g) of the Traffic and Road Safety Act.
Regulation 3(3) provides that, the driver and all passengers in a
vehicle must wear safety belts at all times when the vehicle is
moving, even where the vehicle is paused at traffic lights or stop
points or stopped in a temporal traffic jam or in very slow moving
traffic.
Regulation 4 provides for the offenses and penalties to any person
who contravenes regulation 3(3).
Under Regulation 4(1), any person who fails or refuses to wear a
safety belt while driving, he or she commits an offence and is liable
on conviction to a fine of not less than two currency points or
imprisonment not exceeding 3 months, or both.
These regulations not only apply to drivers, but also “passengers”
and therefore Regulation 4(2) clearly provides for the offence and
conviction to a fine of one currency point or imprisonment not
exceeding one month, or both to a passenger who does not wear
safety belts.

The Traffic and Road Safety (Motor vehicle inspection)

Regulations, 2016.
These regulations codify the law relating to motor vehicles
inspection as conferred upon the Minister responsible for transport
by Section 178 of the Traffic and Road Safety Act, 1998.
Regulation 7(1) provides that a motor vehicle shall be inspected
once in every year to ascertain it’s road worthiness.
Regulation 7(2)(a) provides that notwithstanding Regulation 7(1)
above, commercial vehicles shall be inspected every six months.
Further more, Regulation 7(2)(b) brings out the gist by providing
that a motor vehicle in respect of which the registration plates
have been withdrawn by the police after an accident or removed
by the vehicle inspector, shall be subjected to inspection or
re-inspection as the case may be to ascertain it’s road worthiness
before the regulation plates are returned.

ii. WATER TRANSPORT.

Water transport in Uganda is part of the National Road Network
under the Ministry of Works and Transport. Water transport in
Uganda is therefore seen as an essential component of the National
Road Network through the provision of “road bridges” between
individual road systems severed by water.
Like road, water transport facilities help in the movement of
agricultural products and fish products to markets and processing
centers.
Like any other means of transport, water transport also has
established laws and legislation which govern it’s operation in
Uganda.

Laws
The Inland Water Transport (Control) Act.
This Act restricts and controls the carriage of goods and passengers
by water within Uganda.
Section 2 of this Act provides for the Licensing of certain ships in
order to convey by means of any ship upon the inland waters of
Uganda.
Section 13 provides that any person who commits an offence
against this Act is liable on conviction to a fine not exceeding two
thousand shillings or imprisonment for a term not exceeding two
months, or both.

Ferries Act, 1905

This Act provides for the laws relating to public ferries in Uganda.
Section 2 of this Act provides for the “License to ply” were by no
boat shall ply for hire upon any ferry declared by the minister to be
a public ferry, otherwise than under a licence from the Minister or
any person or authority appointed by the Minister.
Section 4 provides that the owner and every person in charge of a
boat, other than a licensed ferry boat, plying for hire upon a public
ferry commits an offence and is liable on conviction to a fine not
exceeding one hundred shillings for each journey.
Vessels (Registration) Act, 1904
This act provides for the laws relating to the registration of
Vessels.
Section 2 establishes an obligation to register every vessel
employed in navigation in any waters of Uganda which belongs to,
or is used by, any person residing in Uganda, or any company or
partnership carrying on a business in Uganda, “unless exempted”,
be registered, lettered and numbered in the manner provided in
this Act.

The Lake Victoria Transport Act, 2007

This Act was enacted by the East African Community and assented
to by the Heads of State.
This Act makes provisions for the Lake Victoria Basin Commission
to regulate maritime safety and security, to make provisions for
the construction, survey, registration and licensing of all vessel
used on Lake Victoria, for the safety of passengers and cargo, for
the competency of masters and crew and for other related
matters.
Section 8 of this Act stipulates that the Council shall by Notice in
the Gazette delegate any of the powers conferred upon it under
the Act to the Commission. One of the functions of the Commission
is to formulate polices and programs on maritime safety and
security and also to co-ordinate the conduct of investigations
relating to accidents on the Lake including shipwrecks and any
other maritime casualties.

Maritime Insurance Act, 2002.

This act makes legal provisions pertaining Marine insurance.
Section 3 of this act defines “Marine insurance” as a contract by
which the insurer undertake to indemnify the assured, in a manner
and extent agreed under the contract, against the losses incidental
to marine adventure.

Water Act, 1997.

This Act provides for the use, protection and management of water
resources and supply; to provide for the construction of water and
sewerage authorities, and to facilitate the devolution of water
supply and sewerage undertaking.

Rivers Act, 1907.

This Act codifies the law relating to rivers in Uganda.
Section 9 provides for the stream vessels on rivers to be licensed
and that the master of any steam vessels who fails to comply with
this section commits an offence and is liable on conviction to a fine
not exceeding one hundred shillings and fifty shillings.
iii.AIR TRANSPORT.
Air transport in Uganda is managed by the Civil Aviation Authority
(CAA). The Civil Aviation Authority is a corporate body responsible
for regulation of Civil Aviation in Uganda.
It manages Entebbe International Airport (EIA) and thirteen(13)
other upcountry aerodromes. CAA carries out it’s work in
conformity with International Civil Aviation Organisation (ICAO)
standards and Recommended Practices (SAPPS).
Several legislation pertaining Air Transport has been
promulgated in order to “legally” administer Air transport
in Uganda.

Laws
Civil Aviation Authority Act, 1991.
This Act provides for the establishment of the Civil Aviation
Authority, it’s duties, powers and management and for other
matters.
Many Regulations have been promulgated under the Civil Aviation
Authority Act in order to regulate the law relating to Air transport.
Among these regulations, include;

Civil Aviation (Aerodromes) Regulations, 2007.

These regulations codify the laws relating to Aerodromes as
conferred upon the minister by Sections 45 and 61 of the Civil
Aviation Authority Act.
Regulation 2 of these regulations define an “Aerodrome” as a
defined area on land, including any buildings, installations, and
equipment, used for the arrival, departure and surface movement
of aircraft, licensed or certificated under these regulations.

Civil Aviation (Air Navigation Services) Regulations, 2008.

These regulations specify the laws relating to Air Navigation
Services as conferred upon the Minister by Section 33 and 61 of the
Civil Aviation Authority Act.

Civil Aviation (Operation of Aircraft) Regulations, 2012.

These regulations codify the law relating to the operation of Air
crafts in Uganda as by the powers conferred to the Minister by
Section 34(2) and 61 of the Civil Aviation Authority Act.

Civil Aviation (Aircraft Registration and Marking) Regulations,

2012.
These regulations provide for the law relating to the registration
and marking of all air crafts in Uganda as provided under sections
34(2) and 61 of the Civil Aviation Authority Act.
Under these regulations no person or company shall operate an air
craft if it is not registered under the laws of Uganda and in
accordance with these regulations. Therefore, a person or
company shall not operate or fly an aircraft unless it bears painted
thereon or affixed thereto, in the manner required by the law of
the state in which it is registered, the nationality and registration
marks required by that law.

Other laws besides the Civil Aviation Authority Act have also been
enacted to serve the same purpose as to the legal regulation of Air
transport in Uganda.

Uganda Airlines Act, 1976.

This Act establishes the Uganda Airlines, to provide for it’s
constitution, management and for matters incidental thereto or
connected therein.
Section 4 provides for the powers of the corporation to operate
any air transport service or any flight by air craft; to negotiate and
enter into contracts or arrangements with any person, to hire, let
or otherwise deal in aeroplane for carriage of passengers, freight
or mail; to provide for and give institutions and training in the
flying and use of aeroplane e.t.c.

Uganda Air Cargo Corporation Act, 1994.

This Act provides for the establishment of the Uganda Air Cargo
Corporation and to provide for it’s composition, powers, objects
and functions, administration, finance and other connected
matters.

iv. RAILWAY TRANSPORT.

Railway transport in Uganda is managed by the Uganda Railways
Corporation (URC) and the Rift Valley Railways (RVR).
The Uganda Railways Corporation is a corporate body reporting to
the Ministry of Works and Transport under the Uganda Railways
Corporation Act, 1992. It’s mandate is directed to the construction,
operation and maintenance of railway, marine and road services
both in and outside Uganda for the carriage of passengers and
goods.
The Rift Valley Railways is the Kenya-Uganda concessionaire
operating freight and passenger rail services in Kenya and Uganda
on an exclusive basis. The company was founded in 2005 and has
been granted a 25-year mandate to operate railway services on
more than 2,000 kilometers of track linking the Indian Ocean port
of Mombasa in Kenya with the interiors of both Kenya and Uganda.

A.M.O’ Connor in his book titled, “ Railways and development in

Uganda”, argues that, “Rail transport plays an extremely
important part in the Uganda economy by moving large quantities
of agricultural produce at low cost. It has also influenced the
nature of cash crop production, and the distribution of agricultural
activities, but it’s significance in these respects appears to be no
longer as great as is often supposed.
Like any other means of transport tackled in this article, several
legislation has been enacted in order to legally regulate railway
transport in Uganda.

Uganda Railways Corporation Act, 1992

This Act provides for the establishment of the Uganda Railways
Corporation; to provide for it’s objects and functions; to provide
for it’s board of directors and the composition and functions of the
board; to provide for the finances of the corporation and it’s legal
rights and obligation in relation to other persons; to provide for the
various offenses in relation to the functions and property of the
corporation; to dissolve the existing Uganda Railways Corporation
and transfer to the corporation it’s property, assets, rights,
obligations and liabilities and for other purposes connected with or
incidental to the foregoing.

4. Conclusion
In a more fundamental sense, however, perhaps the significance of
whether “Transport law” is a field of practice may lie in the
perceptions of those of us who practice, study or write in the area.
And the question is, “Do we perceive ourselves as engaged in an
important, rigorous, intellectually stimulating area of practice
and study ?”.
I therefore argue that, “Transport law” should be an important
field of study in the nation’s law schools such as, Makerere
University School of Law, Uganda Christian University School of
Law, Kampala International University School of Law, IUIU law
school among others. This can help Uganda as a developing nation
to take pride in working in an area (Transport law) that is having
substantive value and is considered a vital part of the Legal
community.
As alluded above, such an attitude may help to recognize that the
development of “Transport law” can be viewed as evidence of the
transformation of relationships in the transport context with a
major role played by people who can turn out to be called
“Transport Lawyers”.
References

Railways and Development in Uganda, A.M.O’ CONNOR, Oxford

University Press, Nairobi, 1965.

Transport and development in the Third World, SIMON DAVID,

Routledge (LC95-40958) (ISBN 0-415-11905-7).

Tourism Policy for Uganda (2003) Ministry of Tourism, Trade and

Industry (MTTI), Kampala.

Uganda Ministry of Works and Transport Website.

Uganda National Roads Authority Website.

Uganda Civil Aviation Authority Website.

Uganda Railways Corporation Website.

And for the Statutes and Legislation visit;

Uganda Legal Information Institute Website.

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kitakaaziz11@gmail.com Research Article 2019