Roads Act, 2019

Section Commencement Section This Act shall come into force on the date of publication in the Gazette .

Section Purpose of the Act Section The purpose of this Act is— to reform the law relating to the development, management, classification, demarcation and safety of public roads and for the placing and maintenance of road furniture ; to provide for the declaration, management and protection of road reserves on public roads; to provide for the control of axle loads on public roads; to provide for the development and maintenance of toll roads and the imposition of road tolls on certain public roads; to provide for access to public roads; to create an environment that is conducive for the efficient and effective rehabilitation and maintenance of public roads; and to provide for the development and management of ferries and ferry landings.

Section Interpretation Section 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...

Section Classification and reclassification of roads Section In classifying or reclassifying a road under subsection (1), the Minister shall— The Minister may, by statutory instrument, classify or reclassify public roads for purposes of this Act. be guided by the use, function or administrative criteria of the road ; and consult the Minister responsible for finance and the relevant road authority .

Section Classes of public roads Section Notwithstanding section 13 , all public roads in Uganda are classified as national roads, urban roads, district roads or community access roads under this Act. Every road set out in Schedule 2 to this Act is declared a public road for purposes of this Act. The Minister may, taking into account any developments, declaration, public interest, road closure, diversion, turning or enlargement relating to a public road under this Act, reclassify public roads.

Section Declaration of road reserves Section The Minister may, by statutory instrument, declare a road reserve on any land acquired by a road authority for purposes of road construction . The Minister may declare and gazette different widths of road reserves for different classes of roads. A road authority shall clearly demarcate and mark the boundaries of a road reserve on every public road under its jurisdiction using trees, pegs or any other marking approved by the Minister .

Section Road reserves to be kept clear Section Notwithstanding subsection (1), a road authority may— A person authorised to use a road reserve under this section whose activity causes or is likely to cause damage to the road , road furniture or the surrounding environment shall— A road reserve declared under section 15 , shall be used exclusively for the development and expansion of public roads or for other road related activities. plant trees and other vegetation in a road reserve ; in writing, authorise any person or authority to use a road reserve for any approved activity including the placing of public lighting, advertisements, pipelines, telephone lines, electric supplies, optic fibre cables and posts, drains, sewers, mains and other utilities. The authorisation to use a road reserve under subsection (2) shall only be granted where the use does not hinder further use and development of the road reserve by a road authority . Subject to subsection (5), where a road authority requires a road reserve occupied by a person authorised under subsection (2) for road expansion, development, maintenance or other road related activity, the person authorised to use the road reserve shall...

Section Power to prescribe building lines on public roads Section The Minister may, in consultation with the relevant road authority , by statutory instrument, prescribe— the building line in which buildings shall be erected along a road , taking into account the Physical Planning Act, 2010; and the distance from the centre of the road within which no building shall be erected in a local government or area. Where a building line is prescribed under this section in relation to an existing road , no new building, other than a boundary wall or fence, shall be erected and no permanent excavation below the level of the road shall be close to the centre line of the road than the building line , except with the consent of the relevant road authority subject to such conditions as the road authority deems fit. The prohibition imposed under subsection (2) shall not affect the right of any railway, bus rapid transit, electricity, water or sewerage undertakers to make an excavation for the purpose of laying, altering, maintaining or renewing any main, sewer, pipe, electric line, duct or other apparatus. A condition imposed by a road authority in giving consent under subsection (2) shall be bin...

Section Plans for public roads Section 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 .

Section Execution of road works Section A road authority shall ensure that the execution of road works and ferry landings apply innovative technologies to achieve cost effectiveness and shall comply with all the applicable laws. The execution of road works and road projects shall only be implemented by a designated road authority . Where a Government ministry, department or agency develops programmes with a road development or maintenance component, the road development or maintenance component shall be implemented in collaboration with the ministry responsible for roads and the relevant road authority .

Section Notice of road construction Section 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.

Section Power to take materials for road construction Section A road authority may, subject to the Constitution and any other applicable law— acquire land owned by any person for purposes of this Act; excavate and take materials required for road construction or maintenance of a public road ; or with the consent of the owner , enter upon any land and take any material including water, other than water from an artificial dam, well or borehole, necessary for the construction, maintenance or repair of roads or proposed roads and for providing access roads and space for stock­piling; and no compensation shall be payable except as provided in this section. A road authority shall, before entering upon any land, consult the land owner to offer a suitable alternative, where possible. A road authority shall not take possession of materials on which the owner has expended money or labour, or material from any house, wall or other structure. Compensation shall not be paid for materials or quarries located within a road reserve . A road authority shall compensate the land owner for any damages caused to the land under this section. A road authority shall, when constructing an access road to a...

Section Road maintenance Section The types of road maintenance to be carried out by a road authority include— A road authority shall, in making decisions for maintenance of a public road , be guided by technical and economic considerations. routine maintenance ; periodic maintenance ; emergency maintenance ; and any other type of maintenance as the road authority may determine.

Section Temporary traffic signs Section A police officer or any person acting under the authority or instruction of the Inspector General of Police may place on any road or on any structure on a public road , traffic signs of appropriate size, colour or type prescribed by the Minister by regulations indicating such prohibitions, restrictions or requirements relating to vehicular traffic as may be necessary or expedient to guide traffic in consequence of an accident or other unforeseen event or extraordinary circumstances. Notwithstanding subsection (1), a road authority may place traffic signs in accordance with subsection (1) when engaged in works of maintenance, rehabilitation, construction or other road works in respect of the length of road being maintained or constructed. Traffic signs placed in accordance with this section shall be removed as soon as the circumstances or works on account of which they were placed have ceased to exist or have been completed, as the case may be. Notwithstanding subsections (1) and (2), a police officer or any person acting under the authority or instruction of the Inspector General of Police or a road authority shall take measures to ensure min...

Section Removal of obstructions and encroachments Section A road authority may give notice in writing to any person obstructing or encroaching on a public road or road reserve to remove or abate the obstruction or encroachment within a period specified in the notice. Notwithstanding subsection (1), a road authority may, without prior notice, remove an obstruction or encroachment on a public road or road reserve at the cost of the person responsible for the encroachment or obstruction. Where a person to whom a notice has been issued under subsection (1) fails to comply with the notice within the prescribed period, the road authority may cause the obstruction or encroachment to be removed or abated at the cost of the person who was issued with the notice. For the purposes of giving effect to subsection (3), a road authority may enter into any house, garden, enclosure or other premises and remove the obstruction or encroachment and recover the costs occasioned from the person failing to remove or abate the obstruction or encroachment. The road authorities may, for purposes of this section, issue guidelines to land owners adjacent to a public road for the use of verge treatments.

Section Ferries, pontoons and bridges Section A road authority may, where necessary, construct and operate any ferry or pontoon to facilitate the crossing of any lake, river or stream. Any ferry or pontoon operated under subsection (1) shall be operated in accordance with the Ferries Act. A road authority shall, where necessary, construct bridges over lakes, rivers and streams or under a railway line or inland waterways. The powers under subsection (3) shall be exercised in consultation with the relevant Government ministry, department or agency.

Section Power of road authority to make ditches Section Notwithstanding subsection (1), a drain, tunnel or culvert shall be constructed in a manner that— Subject to the Constitution and any other applicable law, a road authority may make and keep open any ditches, gutters, bridges or watercourses and may make and lay drains, culverts, tunnels or bridges as it deems necessary for the draining, reservation, improvement, repair or construction of any public road in and through any land or grounds adjacent or lying near the public road or road reserve . minimizes damage to the environment , adjacent land and other properties; is not dangerous to road users; and does not restrict access to property.

Section Power to undertake ancillary works Section A road authority may, for the purpose of protecting traffic along any road from danger or making the crossing of any road less dangerous to pedestrians— A road authority may construct and maintain works in the carriageway — provide lighting, maintain, alter or remove places of refuge on the road ; provide road markings, guardrails, pelican crossings, cats eyes and reflectors; or construct, light, maintain, alter, remove or close subways or overhead bridges for the use of pedestrians. along any length of a public road for separating a part of the road which is to be used by traffic moving in one direction from a part of the road which is to be used, whether at all times or at particular times, by traffic moving in another direction; at cross roads or other junctions for regulating the movement of traffic; or for providing places of refuge for the protection of pedestrians crossing the road . The power conferred upon a road authority by subsection (2) shall include power to light any works, to pave, plant grass, erect pillars, walls, guardrails or other fences on, around or across the grass or part of the grass and plant ornamental o...

Section Power to protect road works Section A road authority may place stone, gravel, wood or other materials upon any public road and may allow the stone, gravel, wood or other materials to remain on the public road during the time the road is under construction or maintenance or for such a time before the construction or repairs are commenced. Where a road authority places materials on a public road under subsection (1), signs shall be appropriately posted warning road users, at least forty five metres before the place where the materials are located.

Section Existing utilities on public roads Section Notwithstanding any law regulating— the construction, erecting, placing, maintaining or keeping on, over or under any public road of any telephone lines, cables, pipelines, electric poles, power or other poles, or any wires, fixtures or attachments; or the constructing, erecting, placing, maintaining or keeping on, over or under any road of any object or thing, whether or not of the kind mentioned under this section;

Section Protection of the environment Section 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.

Section Environmental section for the road sector Section The environment unit referred to in subsection (1) shall— Subject to any law relating to the recruitment of persons in the public service, the Minister shall establish an environmental unit for the road sector within the ministry responsible for roads to mainstream cross cutting issues and ensure compliance with the environmental principles prescribed under the National Environment Act, 2019. advise the Minister on the production of a sustainable development strategy for the roads sector, including policies and plans for the implementation of the strategy; develop and regularly update, in consultation with the National Environment Management Authority, environmental codes and practices for road works; coordinate with the National Environment Management Authority in the development of environmental regulations and guidelines for the roads sector for the approval of the Minister ; disseminate information regarding environmental protection and management within the roads sector; assist the National Environment Management Authority to supervise and coordinate the implementation of the National Environment Act, 2019 in the roads...

Section Land conservation Section 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.

Section Regulations Section Without prejudice to the general effect of subsection (1), regulations made under this section may provide for— Regulations made under this section may, in respect of any contravention of any of the regulations— The Minister may, by statutory instrument, make regulations for the better carrying into effect the purposes and intentions of this Act. the general control, use, management, survey, construction and maintenance of public roads and bridges; prevention of obstruction on public roads; the placement, removal, control, erection or modification of any structure or the control of carrying out of any works, on, under or over land within a public road , road reserve or ferry landing facility; placement and maintenance of road furniture ; management and control of road reserves; classification and reclassification of public roads; laying of railways, trolleys, tramways and other crossings on public roads; placement of utilities on public roads; fees; the imposition, collection, operation, management and maintenance of toll roads; securing safety on public roads; placement of advertisements and billboards on public roads; prohibiting activities that may ca...

Section Amendment of Schedules Section The Minister may, with the approval of Parliament, by statutory instrument, amend Schedule 2. The Minister may, by statutory instrument, amend Schedules 1, 3, 4, 5 and 6.

Section Repeal and savings Section The Roads Act, Cap. 358 is repealed. The Access to Roads Act, Cap. 350 is repealed. Sections 120, 132, 133, 139, 140, 153, 154, 173 and 178 (j) and (k) of the Traffic and Road Safety Act Cap. 361 are repealed. Any statutory instrument made under the Roads Act, the Access to Roads Act, or the provisions of the Traffic and Road Safety Act repealed under subsections (1), (2) and (3) and in force immediately before the commencement of this Act shall remain in force, so far as it is not inconsistent with this Act, until it is revoked by a statutory instrument made under this Act.

Section Application of Part V Section This Part applies to the implementation of vehicle load control along public roads. A road authority shall control the maximum gross vehicle weights, axle loads and dimensions of permitted vehicles and impose speed limits and overloading fees in accordance with this Part and regulations made under this Act.

Section Safety of road users Section 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.

Section Pedestrian crossings Section A road authority may cause pedestrian crossings and footways in such form as may be prescribed by regulations to be placed across public roads at such places as the road authority may determine. In any proceedings under this Act, every pedestrian crossing shall be presumed to have been lawfully placed and to be in a lawful form until the contrary is proved.

Section Provision of footways and cycle ways Section A road authority shall, where necessary— provide for the safety or accommodation of pedestrians and pedal cyclists, proper and sufficient footways and cycle ways by the side of the road ; and provide for grass or tracks by the side of the roads for the safety or accommodation of driven and ridden animals and agricultural machinery.

Section Road furniture Section A road authority shall ensure that the necessary road furniture is erected and maintained on public roads under its jurisdiction, in a manner prescribed by regulations. A road furniture erected and maintained by a road authority under subsection (1) shall not dazzle road users or distract their attention in a way prejudicial to traffic safety. A person who damages, removes or obscures road furniture commits an offence and is liable, on conviction, to a fine not exceeding ninety six currency points or imprisonment not exceeding four years, or both. The court may, in addition to any penalty imposed under subsection (3), require the person convicted of the offence to pay for the repair or replacement of the road furniture .

Section Speed limit Section The Minister may, by regulations, prescribe the speed limits in respect of all public roads or sections of public roads. Notwithstanding the provisions of any other law, the Minister may, by statutory order, prescribe temporary maximum speed limits for motor vehicles, trailers or engineering plant of different classes or descriptions on any part of any road for such period as may be specified in the order. A person who fails to comply with a speed limit set under subsection (1) 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.

Section Closure of road by Minister Section 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.

Section Construction of special roads, restriction of traffic, deviations and rest areas Section A road authority may construct or maintain a public road or part of a public road restricted to— The road authority responsible for the national road network shall— the exclusive use of any special kinds of traffic, including pedestrians, ridden or driven animals; or traffic moving in one direction only. A road authority shall, before constructing or maintaining a road under subsection (1), put a notice a newspaper of national circulation. For the purpose of constructing, repairing or maintaining any public road within its jurisdiction, a road authority may, on giving prior notice to the land owner or occupier concerned, construct and maintain temporary deviations over any land adjacent to the road not being land occupied by buildings, orchards, gardens or other improvements, or land under cultivation; and no compensation shall be payable. Notwithstanding subsection (3), the powers conferred upon a road authority may be exercised over land under cultivation with the consent of the owner or occupier concerned and on payment to the owner or occupier of land appropriate compensation as may...

Section Closure of public road Section Notwithstanding section 53 , a road authority may where it considers that urgent action is required for the protection of the public or for the construction and maintenance of a public road, in consultation with the Minister, close any public road or part of a public road to all traffic or to any class or classes of traffic for a specified period. A road authority may, in consultation with the Minister , restrict any class or classes of traffic on any road or on part of any road for a specified temporary period or may prescribe the terms and conditions on which all traffic or any class or classes of traffic will be permitted on any road or part of any road for a specified period. Where a road authority closes a road under subsection (1), signs shall be posted restricting the use of the road . A person who does not comply with a sign posted under subsection (3) 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.

Section Special parking places Section A road authority may, by notice in the Gazette , set aside parts of roads as places for— bus stops; taxicab stands; and loading zones for goods vehicles.

Section Traffic signs Section A road authority may cause traffic signs of such kinds, designs, standards, material, size and colour as may be prescribed by the Minister by regulations, to be erected or marked on the ground at such places as may be specified in the regulations. In any proceedings under this Act, a traffic sign shall be presumed to be lawfully erected and of the lawful kind, design, standard, material, size and colour until the contrary is proved. No board or notice which might be confused with a traffic sign or other traffic device which might render it less visible or effective or might dazzle road users or distract their attention in a way prejudicial to traffic safety shall be erected on or near a road .

Section Broken-down or abandoned vehicles Section A person whose vehicle breaks down or who is involved in a road accident on a public road shall remove the vehicle from the public road in accordance with this section. Subject to subsection (1), a vehicle which breaks down or which is involved in an accident in an urban area shall be removed from the public road within two hours from the time of the break down or accident. Subject to subsection (1), a vehicle which breaks down or which is involved in an accident in a rural area shall be removed from a public road within six hours from the time of the break down or accident. A person shall not repair a vehicle along a public road , except for emergency cases and the repair time shall not exceed a period of two hours in an urban area and six hours in a rural area. Repair of broken down vehicles or a vehicle involved in a road accident in emergency cases shall not be done in a manner that causes or is likely to cause danger, obstruction or undue inconvenience to other road users or cause damage to the road . A road authority or a police officer shall, after the two hours referred to in subsection (2), cause to be towed, a mechanically...

Section Sale of abandoned vehicles Section The proceeds of any sale under subsection (2) shall be applied to— Where a motor vehicle , trailer or engineering plant moved under subsection 58 (6) is not claimed and the expenses of removal and storage are not paid by the owner or person having interest in the vehicle within two months from the date of removal, the police shall cause notice of the intention to sell the vehicle, trailer or engineering plant by auction to be published in the Gazette and in at least two newspaper of national circulation. Ninety days after the notice in subsection (1), the motor vehicle , trailer or engineering plant shall be sold by auction. the payment of costs and charges relating to the sale, including costs of advertisement; and payment of expenses for the removal and storage of the motor vehicle , trailer or engineering plant. The owner of the motor vehicle , trailer or engineering plant sold under subsection (2) shall be paid any balance that remains after the payments under subsection (3).

Section Control of points of access to public roads Section The Minister may, in consultation with the relevant road authority , make regulations for the control of the number, location and design of points of access to public roads. A road authority may construct service roads for purposes of limiting the number of access roads joining public roads.

Section Requirements and specification of access roads Section The Minister shall, by regulations, specify the requirements and specifications of access roads. Where a road or portion of a road or any land has been designated and acquired as an access road , a person shall not, without written approval from a road authority , construct, use, or allow the use of an entrance-way or gate which or part of which is connected with or open upon the access road . A person who contravenes this section commits an offence and is liable, on conviction, to a fine not exceeding one hundred twenty currency points or imprisonment not exceeding five years, or both.

Section Application for leave to construct access road through private property Section Where the owner of any land is unable, through negotiations, to obtain leave from adjoining landowners to construct an access road to a public road , he or she may apply to the Minister for leave to construct an access road over any land lying between his or her land and the public road . The Minister may, in consultation with the relevant road authority , grant leave to construct an access road . The Minister shall, before granting leave to construct an access road under subsection (2), ensure that an applicant compensates the adjoining landowner. An application under subsection (1) shall be in a manner prescribed by regulations.

Section Destroying roads Section A person who— destroys, pulls up, defaces, breaks or damages milestones, culverts, road furniture , dams, bridges or pavements; litters a public road ; spills oil on a public road , bridge, ferry or pontoon; causes storm water or sewage to spill on a public road ; or places or burns on a public road , any substance that can damage the public road , bridge, ferry or pontoon;

Section Obstructions on roads Section A person who— turns or permits to be turned loose or slaughters, any animal on a public road ; tethers or causes to be tethered any animal in, upon or near a public road so that the animal causes obstruction or inconvenience to passersby, unless the animal is so tethered during the time required for loading or unloading of the animal on or from any vehicle to which the animal may belong; places or throws any stones, broken bottles, solid waste, garbage, bricks, sand, nails, lime, dung or rubbish on a public road , and allows the same to remain on the public road except for purposes of implementation of any provision of this Act; leaves, places or negligently allows any timber, stones or other material to fall on or over a public road so as to obstruct the road or endanger persons using the road or deposits rubbish, debris or other material; gaseous, liquid or solid on the public road ; places or mixes construction materials on a public road ; places an obstruction in a drain, gutter, sluice or watercourse on a public road ; encroaches on a public road by making or causing to be made on the public road , without proper authority, any building, t...

Section Interferences on public roads Section A person commits an offence who— A road authority shall give notice in writing to a person who has committed an offence under subsection (1) requiring him or her to— constructs, erects or commences to construct or erect any building, billboard, unauthorised road sign or erection in contravention of this Act or which interferes in any way with the proper function of any cutting, ditch or culvert constructed in connection with a public road ; plants or permits any tree or permanent crop to grow within a road reserve in contravention of this Act, or which interferes in any way with the proper function of any cutting, ditch or culvert constructed in connection with a public road ; or connects with a road , any cattle path, cycle track , service road or entrance or means of access to a dwelling or to any other premises or place which interferes in any way with the proper function of any cutting, ditch or culvert constructed in connection with a road or which in the opinion of the road authority is likely to be dangerous to persons or vehicles using the public road ; encroaches on any road or road reserve by making or erecting any building fe...

Section Stopping or clogging drains or watercourses Section A person shall not— deposit any sewage, refuse, rubbish or other material on the road or in any drain, gutter, sluice or watercourse on any public road ; or cause or permit any sewage, refuse, garbage, rubbish or other matter to discharge or flow upon a public road or into any drain, gutter, sluice or watercourse on a public road . A person who contravenes subsection (1) commits an offence and is liable, on conviction, to a fine not exceeding forty eight currency points or imprisonment not exceeding two years, or both.

Section Nuisance on roads Section A person who, on any public road — makes or causes noise pollution; plays any game to the annoyance or danger of persons using the public road ; pitches any tent, booth or stall without the permission of a road authority ; makes any fire without permission of a road authority ; or places himself or herself in a road in such a manner as to cause danger or inconvenience to traffic,

Section Failure to comply with road signs Section 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.

Section Failure to comply with the building line requirements Section 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.

Section Offences relating to road tolls Section A person who— drives a vehicle through a toll station , except by a route designated for the passage of the vehicle ; refuses to stop a vehicle at a toll station to pay a toll ; or fraudulently or forcibly drives a vehicle through a toll station without paying a toll , A person who levies or collects illegal tolls commits an offence and is liable, on conviction, to a fine not exceeding twelve currency points or imprisonment not exceeding six months, or both. Where for any reason, a vehicle is parked on a toll road for more than one hour, the road authority or toll operator shall remove the vehicle , and the driver or the owner of the vehicle , shall pay the cost of removing, parking and where applicable, the cost of maintaining the road . A pedestrian who enters the boundary of or crosses a toll road commits an offence and is liable, on conviction, to a fine not exceeding twelve currency points or imprisonment not exceeding six months, or both. The road authority or toll operator shall retain the driving permit of a driver who commits an offence under this section, until the fine imposed has been paid.