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Uganda
Roads Act, 2019
Act 16 of 2019
- Published in Uganda Gazette 48 on 25 September 2019
- Assented to on 4 September 2019
- Commenced on 25 September 2019
- [This is the version of this document from 25 September 2019.]
Part I – Preliminary
1. Commencement
This Act shall come into force on the date of publication in the Gazette.2. Purpose of the Act
The purpose of this Act is—3. Interpretation
In this Act, unless the context otherwise requires—“abnormal load” means a load, which by its nature is indivisible and the dimensions of which exceed the authorised dimensions of the vehicle on which it is loaded or on which it is to be loaded;“access road” means a public or private road affording access to a public road or to a highway;“adjoining land” means land over which an access road passes or is to pass;“authorised officer” means a person appointed under section 42;“axle” in relation to a vehicle, means a device or set of devices, whether continuous across the width of the vehicle or not, about which the wheels of the vehicle rotate and which is so placed that, when the vehicle is travelling straight ahead, the vertical centre lines of the wheels would be in one vertical plane at right angles to the longitudinal centre-line of the vehicle;“axle group” in relation to a vehicle, means any number of axles which, for the purposes of transferring load to the road pavement, act in unison or together;“axle load” means the sum of the wheel weight loads of all wheels on any axle;“axle unit” in relation to a vehicle, means a set of two or more parallel axles of the a vehicle which are so interconnected as to form a unit;“awkward load” means a load that is unstable in nature and which, although it is divisible, requires special equipment and safety precautions to offload;“building line” means an imaginary line prescribing the minimum distance of any building or proposed building from the boundary of a road reserve;“calibration” means a set of operations that establish, under specified conditions, the relationship between values of quantities indicated by a measuring instrument or measuring system, or values represented by a material measure or reference material and the corresponding values realised by measurement standards;“carriageway” means a portion of a public road including the various traffic lanes and auxiliary lanes, but excludes shoulders;“certification” means the issuance of a written statement by a third-party, based on a decision following review, that products, processes, systems or persons have fulfilled specified requirements or standards;“community access road” means a road, path or track linking communities and villages to other classified roads and provides access to administrative, social and economic services;“concessionaire” means a private entity that invests in road infrastructure construction, operation, maintenance and rehabilitation and collects tolls to recover its investment;“conventional tyre” means a tyre fitted to a vehicle, the section width of which is between 280 mm and 315 mm;“currency point” has the value assigned to it in Schedule 1 to this Act;“cycle way” means a thoroughfare for bicycles and on which the use of moving and stationary vehicles is prohibited;“dead man’s switch” means a switch that is spring loaded and held “in” by the driver while the axle is in the lifted position and which, as soon as the driver takes his or her hand off the switch, returns to the pavement and takes up normal loading;“demerit point system” means a system that records penalty points to a transporter progressively when incidences of overloading occur, the aggregate of which is to determine the gravity and frequency of overloading;“district road” means a road which—(a)gives access for the rural population to district administration headquarters, important towns and trading centres and social amenities including hospitals and schools;(b)has low levels of motorised traffic within a rural area; and(c)is vital to the welfare and economy of rural populations, including communities living in the more remote regions;“driver” means any person who drives or guides, or is in actual physical control of a vehicle on a public road, and includes an operator of such vehicle;“emergency maintenance” means maintenance needed to deal with emergencies and problems that require immediate action when a public road is blocked, damaged or destroyed;“environment” means the physical factors of the surroundings of human beings, including land, water, atmosphere, climate, sound, odour, taste, the biological factors of animals and plants and the social factor of aesthetics and includes both the natural and the built environment;“expressway” means a heavily trafficked, high speed and limited access road, which has a dual carriageway with grade separated junctions, and considered the highest grade of road and that may qualify for development using private sector financing;“ferry landing” means a specialised docking facility that receives a ferryboat;“footway” means a way or path for pedestrians, including a raised walk along the edge of a bridge and on which the use of moving or stationary vehicles is prohibited;“gross vehicle weight” in relation to a motor vehicle, means the maximum permissible weight of the a vehicle and its load under this Act;“hazardous load” means any load prescribed by the Minister by regulations to be capable of posing a risk to health, safety and property when transported along a public road;“heavy axle” means an axle with more than two wheels;“independent audit organisation” means an organization approved by the Uganda National Bureau of Standards under the Uganda National Bureau of Standards Act to carry out audits of weighing stations and weighbridges;“information and communications technology” means the convergence of telecommunications, broadcasting, computers, storage and audio-visual systems in order to enable users to create, access, store, transmit and manipulate information;“land owner” means a person who owns land in accordance with the Land Act;“legal load limit” means the weight that may be borne by a single axle, an axle group, or all the axles of a vehicle as specified in Schedule 3 and Schedule 4 to this Act;“liftable axle” means a non-powered axle in an axle unit, which can be lifted independently, but which, by virtue of an automatic mechanism, must be lowered to the road pavement when the adjacent axle in the axle unit is loaded to the legal limit;“Minister” means the Minister responsible for roads;“national road” means a strategic road of national importance which—(a)links ports, airports and border posts to each other and to the Capital City;(b)links district headquarters to each other and to small towns; and(c)is vital for facilitating trade, commercial activities and national integration and the provision of administrative and social services;“overload” means an axle load, a load from a group of axles, or gross vehicle weight on a vehicle that exceeds the prescribed legal limit for the vehicle or for any particular part of public roads;“overloaded vehicle” means a vehicle that is detected by an authorised officer as overloaded, either with regard to the permissible maximum axle or axle unit weight or permissible maximum gross vehicle weight;“owner” means any person who is registered as such in the log book or similar registration of a vehicle and includes, for any vehicle under a hire purchase agreement, any person in possession of the vehicle other than a financier, or any person who is registered as owner under a lien or security document;“periodic maintenance” means maintenance, required only at intervals of several years;“private road” means a road constructed by any person not being a road authority;“public road” means a road specified in Schedule 2 to this Act and any road classified or reclassified by the Minister under section 13 as a public road and includes every carriageway over which the public has a right of way, express highway, footways on either side of the road, drains, ditches, embankments, ferries, bridges appertaining to the road, shoulders and all land not being private property, lying within the road reserve;“right of way” means the right to use a public road;“road” means a highway and any other road to which the public have access and includes—(a)a bridge over which a road passes;(b)a ferry as declared by the Minister under the Ferries Act; or(c)a ship, as defined in the Inland Water Transport (Control) Act;“road authority” means—(a)in the case of a road maintained by the central government, the Uganda National Roads Authority;(b)in the case of a road maintained by a district local government or urban local government, the relevant local government;(c)in case of a road maintained by Kampala Capital City Authority, the Kampala Capital City Authority; and(d)a road authority appointed by the Minister under section 4;“road construction” means an activity undertaken to create a road, road pavement structure or road furniture;“road furniture” means all fixtures on the road and within the road reserve that are intended to provide information or safety to a road user and includes traffic lights, sign posts, traffic signs, guardrails, marker posts, fences, reflectors and centre-line pads (cat’s eyes);“road maintenance” includes operations required to keep roads in good conditions and repair;“road reserve” means an area declared to be a road reserve under section 15;“road side station” means a facility along expressways, class A national roads and ferry landing sites and includes toilets, bathrooms, parking yards, restaurants, mini groceries, supermarkets, garages and resting centres;“routine maintenance” means maintenance, required continually on every road whatever its engineering characteristics or traffic volume;“service road” means a road that runs parallel to a highway and that provides access to the property bordering it;“shadow toll” means a payment structure where the road user does not pay a toll; but the toll operator collects toll revenue from the road authority in proportion to the number of vehicles using the road;“super load” means a load, which by its nature is indivisible and the weight of which exceeds the authorised weight of the vehicle on which it is to be loaded;“super single tyre” means a tyre fitted to a vehicle, the section width of which is equal to or greater than 385 mm;“tandem axle” means two axles suspended together with a spacing between the axles ranging from 1.2m to 2.5m and interconnected in such a manner that any load imposed upon them will automatically be distributed in proportions predetermined by the design of the suspension system, regardless of the load profile or road condition;“transporter” includes an owner and driver of a vehicle and every person acting as agent for the owner, or who is in possession or control of the vehicle;“toll” means a charge levied on a vehicle using a toll road;“toll operator” means an authority or private entity responsible for collection of road tolls, and may be involved in the construction, operation, maintenance and rehabilitation of the toll road;“toll road” means the whole length or portion of a national, district, urban or community access road, declared by the Minster under section 7 (1) or established and maintained by a road authority under section 7(4), where tolls are levied and collected from vehicles using the road;“toll station” means a structure on a toll road where a toll is payable under this Act or any electrical or mechanical device on a toll road for recording the liability to pay a toll or any combination of such structure or device;“track” means a path or road for bicycles but not for motor vehicles;“traffic sign” means any object or device, whether fixed or portable, for conveying of traffic warnings, information, requirements, restrictions or prohibitions of any description and includes any line or mark on a national road for conveying warnings, information, requirements, restrictions or prohibitions;“transporter” includes an owner and a driver of a vehicle and every person acting as agent for the owner, or who is in possession or control of the vehicle;“tridem axle” means three axles suspended together with a spacing between the axles from 1.2m to 2.5m, and interconnected in a manner that any load imposed upon them will automatically be distributed in proportions predetermined by the design of the suspension system regardless of the road profile or road condition;“unstable load” means a load on a vehicle which could shift or oscillate within the vehicle when the vehicle is moving or stationary;“urban road” means a road within the boundaries of an urban council and which does not form part of a national road;“vehicle” means any conveyance or structure which is designed to be propelled or drawn on land, including a trailer, machine or implement of any kind drawn or propelled along a public road whether by animal, mechanical, electrical or any other motive power;“verification” means the process of examining, testing, marking and issuing of certificates that ascertain and confirm that the measuring instrument complies with the statutory requirements or approved standards;“weighbridge” means a machine for weighing vehicles under this Act, and includes all its associated peripherals and software;“weighbridge operator” means any person, including an authorised officer, and a person acting under his or her authority who manages and operates weighbridge equipment or performs vehicle load control under this Act;“weighing station” means a check point or installation along a public road for weighing vehicles and includes all facilities found in it.Part II – Road management
Road authority
4. Appointment of roads authorities
5. Functions of roads authorities
6. Powers of the Minister
Toll roads
7. Declaration of toll road
8. Prescription of tolls
9. Payment of road toll
10. Toll revenue
11. Public Private Partnerships
12. Shadow tolling
Part III – Classification of public roads and declaration of road reserves
13. Classification and reclassification of roads
14. Classes of public roads
15. Declaration of road reserves
16. Road reserves to be kept clear
17. Power to prescribe building lines on public roads
Part IV – Execution of road works
18. Plans for public roads
Each road authority shall, in consultation with the Minister, prepare a plan and survey the public road under its management and may, from time to time, amend the plan or survey to take into account any deviation or alteration made on any existing public road.19. Execution of road works
20. Notice of road construction
Where it appears to a road authority that there is need, in the public interest, to construct a new road or to widen, deviate or re-align an existing road or access road under this Act, the road authority shall conduct public meetings and publish a notice in a newspaper of national circulation, showing the location and extent of the proposed road corridor.21. Power to take materials for road construction
22. Road maintenance
23. Temporary traffic signs
24. Removal of obstructions and encroachments
25. Ferries, pontoons and bridges
26. Power of road authority to make ditches
27. Power to undertake ancillary works
28. Power to protect road works
29. Existing utilities on public roads
Notwithstanding any law regulating—30. Protection of the environment
A road authority shall, in carrying out its functions under this Act, comply with the National Environment Act, 2019 and with all regulations and guidelines made under that Act.31. Environmental section for the road sector
32. Land conservation
The Minister may, in consultation with the National Environment Management Authority, by statutory instrument, make regulations and guidelines for land preservation and control of soil erosion during the construction and maintenance of public roads.Part V – Vehicle load control
33. Application of Part V
Legal Load Limits and Overloading Fines
34. Legal load limits
35. Prohibition of overloading
36. Liability for payment of fines and other costs
Control of vehicle loads
37. Mandatory weighing of vehicles
38. Special categories of vehicle loads
Operations of weighbridges and weighing stations
39. Operation and procedures at weighbridges and weigh stations
40. Approval, verification, calibration and audit of weighbridge
41. Installation and management of weighbridges and weighing stations
Enforcement of axle load control
42. Appointment of authorised officers
43. Powers of authorised officers
44. Duty of drivers to follow instructions of authorised officer
A driver shall, on being signalled or requested to do so by an authorised officer, comply and take the vehicle to a weighing station or such other designated parking or quarantine area, as the authorised officer may direct.45. Procedure in case of vehicle overloading
The Minister shall, by regulations, prescribe the procedure to be followed by an authorised officer at weighbridges or weigh stations during weighing and in case of overloading.46. Demerit point system
47. Regulations for axle load control
Part VI – Road safety
48. Safety of road users
A road authority shall put in place measures to ensure the safety of road users during the design, construction, maintenance and operation of public roads by providing pedestrian crossings, footways, overhead bridges and road signs in a manner prescribed by regulations.49. Pedestrian crossings
50. Provision of footways and cycle ways
A road authority shall, where necessary—51. Road furniture
52. Speed limit
53. Closure of road by Minister
The Minister may, by legal notice in the Gazette, close any road or part of a road to all motor vehicles, trailers or engineering plant for such period as may be specified in the order.54. Construction of special roads, restriction of traffic, deviations and rest areas
55. Closure of public road
56. Special parking places
A road authority may, by notice in the Gazette, set aside parts of roads as places for—57. Traffic signs
58. Broken-down or abandoned vehicles
59. Sale of abandoned vehicles
Part VII – Access to roads
60. Control of points of access to public roads
61. Requirements and specification of access roads
62. Application for leave to construct access road through private property
Part VIII – Offences and penalties
63. Destroying roads
A person who—64. Obstructions on roads
65. Interferences on public roads
66. Stopping or clogging drains or watercourses
67. Nuisance on roads
A person who, on any public road—68. Failure to comply with road signs
A person who fails to comply with a road sign posted by a road authority or the police restricting the use of a public road under this Act commits an offence and is liable, on conviction, to a fine not exceeding twenty four currency points or imprisonment not exceeding one year, or both.69. Failure to comply with the building line requirements
A person who contravenes section 17 or any condition imposed in connection with the giving of a consent under section 17, commits an offence and is liable, on conviction to a fine not exceeding one hundred sixty eight currency points or imprisonment not exceeding seven years or both; and in case of a continuing offence, is liable to an additional fine not exceeding two thousand currency points for each day on which the offence continues.70. Offences relating to road tolls
71. Offences relating to axle loads
72. Obstruction of officers
A person who resists, obstructs, hinders or molests any person acting under the authority of this Act commits an offence and is liable, on conviction, to a fine not exceeding five thousand currency points.73. Offences by contractors
74. General penalty
A person who contravenes any provision of this Act, the breach of which no specific penalty is expressly provided for, is liable, on conviction, to a fine not exceeding twenty four currency points or imprisonment not exceeding one year, or both.75. Express penalties
76. Cancellation of approvals granted under the Act
The Minister or a road authority may cancel or suspend a certificate, licence or other approval granted under this Act for contravention of any provision of this Act.Part IX – Miscellaneous
77. Regulations
78. Amendment of Schedules
79. Repeal and savings
History of this document
25 September 2019 this version
Commenced
04 September 2019
Assented to
Documents citing this one 2
Judgment 2
1. | Kanyamaishwa & Another v Kiromba (Civil Appeal 35 of 2023) [2024] UGHC 60 (21 February 2024) | |
2. | Matser v Jingo and Another (Civil Appeal 65 of 2020) [2024] UGHCLD 187 (11 July 2024) |