Traffic and Road Safety Act, 1998

Section Commencement Section This Act shall come into force on such date as the Minister may, by statutory instrument appoint; but the Minister may appoint different dates for different provisions of this Act.

Section Interpretation Section In this Act, unless the context otherwise requires— “ bicycle ” means any vehicle which has at least two wheels propelled by means of pedals or hand cranks solely by the muscular energy of the person riding it; “ carriageway ” means a portion of a public road including the various traffic lanes and auxiliary lanes, but excludes shoulders; “ chief licensing officer ” means the chief licensing officer of motor vehicles designated under section 3 and includes a deputy chief licensing officer; “ country taxicab ” means a public service vehicle , not being a town taxicab with a seating capacity not exceeding seven excluding the driver and marked in a manner prescribed by regulations; “ Competent Authority ” means the department of transport regulation and safety in the Ministry responsible for transport; “ currency point ” has the value assigned to a currency point in the First Schedule to this Act; “ dealer ” means a person who trades in, manufactures, assembles or repairs motor vehicles, trailers or engineering plants for financial reward or gain on their own account in accordance with section 29 ; “ demerit points system ” means a method by which numeri...

Section Chief licensing officer of motor vehicles Section The head of the department of transport regulation and safety is designated as the chief licensing officer . [section 3 substituted by section 2 of Act 6 of 2020 ]

Section Functions of the chief licensing officer of motor vehicles Section The person designated as chief licensing officer under section 3 shall perform the following functions— administer the provisions of this Act relating to motor vehicle registration and licensing; advise the Minister on matters of policy for motor vehicles and driver licensing; keep, in the prescribed form, registers of motor vehicles, registration plates, licences and driving licences; furnish to an applicant, a certified copy of any entry in any register ; approve and record the modification of motor vehicles or cancel particulars of registration; issue 'L' identification plates to licensed instructors in the prescribed specifications for the motor vehicle , trailer or engineering plant used by the instructor for purpose of instruction; issue motor vehicle dealers’ plates and registration plates for all registered motor vehicles, trailers and engineering plants; cancel or suspend the registration of any motor vehicle , trailer or engineering plant for breach of this Act and regulations made under this Act; cancel or suspend a driving licence or a class of driving licence for breach of this Act or regulation...

Section Licensing officers, etc. Section There shall be appointed for the purposes of this Act, the following public officers — licensing officers; vehicle inspectors; and examining officers, and such other persons as may be necessary for carrying out the provisions of this Act. All licensing officers and all vehicle inspectors shall be under the direction of the chief licensing officer .

Section Control by Minister Section The chief licensing officer shall be subject to the overall control of the Minister on matters of policy and shall comply with any directions on such matters given by the Minister .

Section Prohibition of possession of motor vehicles, etc. without registration Section No person shall possess a motor vehicle , trailer or engineering plant , other than a motor vehicle , trailer or engineering plant exempted from the provisions of this Act, unless the motor vehicle , trailer or engineering plant is registered under this Act. A person who commits an offence under subsection (1) is liable, on conviction, to a fine not exceeding one hundred currency points or imprisonment not exceeding one year or both. [subsection (2) added by section 6 of Act 6 of 2020 ] [section 10 amended by section 6 of Act 6 of 2020 ]

Section Classification of motor vehicles, etc. Section For the purposes of this Act, motor vehicles, trailers and engineering plant shall be divided into the following classes— Regulations made under section 178 may provide— heavy goods vehicles; heavy omnibuses; heavy tractors; medium goods vehicles; medium omnibuses; light goods vehicles; light omnibus ; tractors; motorcars and dual-purpose vehicles excluding light goods vehicles; engineering plant ; motorcycles; [paragraph (l) deleted by section 7(a) of Act 6 of 2020 ] trailers and semitrailers; tricycles, except those used by persons with disability; and [paragraph (n) added by section 7(b) of Act 6 of 2020 ] quadricycles except those used by persons with disability. [paragraph (o) added by section 7(b) of Act 6 of 2020 ] that any provision of this Act which would otherwise apply to hover vehicles shall not apply to them, or shall apply to them subject to such modifications as may be specified in the regulations; or that any provision of this Act which would not otherwise apply to hover vehicles shall apply to them subject to such modifications, if any, as may be specified in the regulations.

Section Application for registration of motor vehicles Section An application for the registration of a motor vehicle , trailer or engineering plant shall be made to the chief licensing officer in the manner prescribed by regulations. [section 12 substituted by section 8 of Act 6 of 2020 ]

Section Registration of motor vehicles, etc. Section A licensing officer shall, prior to the registration of a motor vehicle , trailer or engineering plant , verify the particulars in the application for registration and shall satisfy himself or herself that— Any person who, without lawful authority or excuse— the motor vehicle , trailer or engineering plant is in a fit and proper condition for the purpose for which it is intended to be used, and he or she shall, for that purpose send the motor vehicle , trailer or engineering plant to a vehicle inspector for examination; the motor vehicle , trailer or engineering plant has been lawfully exported from its country of origin or the country in which it was last registered, and that the applicant is in possession of an export permit relating to the motor vehicle , trailer or engineering plant other than a temporary permit or permit for exportation for a limited period only, if that is required by the law of the country of origin or of last registration; the motor vehicle , trailer or engineering plant has been lawfully imported into Uganda; and any tax or duty due in respect of the motor vehicle , trailer or engineering plant under any...

Section Re-registration of motor vehicles Section An owner of a motor vehicle , trailer or engineering plant whose registration is cancelled or otherwise de-registered may apply to the chief licensing officer for re-registration of the motor vehicle , trailer or engineering plant . An application under subsection (1) shall be in a manner prescribed by regulations and shall be accompanied by the prescribed fee. The chief licensing officer may, where he or she is satisfied with an application made under this section, and upon payment of the prescribed fee by the applicant, re- register the motor vehicle , trailer or engineering plant . [section 14 substituted by section 10 of Act 6 of 2020 ]

Section *** Section [section 168 repealed by section 75 of Act 6 of 2020 ]

Section *** Section [section 169 repealed by section 75 of Act 6 of 2020 ]

Section *** Section [section 170 repealed by section 75 of Act 6 of 2020 ]

Section Condition of motor vehicle, etc. for use on a road Section For the purpose of subsections (2) and (3), persons travelling on a motor vehicle , trailer or engineering plant shall be taken to be part of the load except that— For the purpose of subsection (5)— No motor vehicle , trailer or engineering plant shall be used on a road unless the motor vehicle , trailer or engineering plant and all its parts and equipment, including tyres and lights, are in good condition and in efficient working order and are in such condition that the driving of the vehicle on the road either in the daytime or at night is not likely to be a danger to the persons travelling on the motor vehicle , trailer or engineering plant or to other users of the road . [subsection (1) amended by section 51(a) of Act 6 of 2020 ] No motor vehicle , trailer or engineering plant shall be used on a road with a load greater than the load capacity declared by the manufacturers of the chassis of the motor vehicle , trailer or engineering plant or the capacity determined by a vehicle inspector under section 13 (2). No motor vehicle , trailer or engineering plant shall be used on a road if the distribution, packing and...

Section Causing bodily injury or death through reckless driving Section A police officer in uniform may arrest without warrant the driver of any motor vehicle , trailer or engineering plant who commits an offence under this section within his or her view— For the purposes of this section “reckless driving” means disregard for the rules of the road or driving without proper caution; and includes— A person who causes the death of any person reckless driving of a motor vehicle , trailer or engineering plant commits an offence and is liable, on conviction, to imprisonment not exceeding ten years. A person who causes bodily injury to any person by reckless driving of a motor vehicle , trailer or engineering plant commits an offence and is liable, on conviction, to a fine not exceeding one hundred currency points or imprisonment not exceeding three years or both. A person who causes an accident by reckless driving commits an offence and is liable, on conviction, to a fine not exceeding one hundred currency points or imprisonment not exceeding one year or both. if the driver refuses to give his or her name and address; if the police officer has reason to believe that the name or address s...

Section *** Section [section 109 repealed by section 53 of Act 6 of 2020 ]

Section *** Section [section 110 repealed by section 54 of Act 6 of 2020 ]

Section Driving with blood alcohol concentration above the prescribed limit Section A person who drives or attempts to drive a motor vehicle , trailer or engineering plant on a road or other public place, having consumed alcohol in such quantity that the proportion of the alcohol in his or her blood or breath, as ascertained from a laboratory test for which he or she subsequently provides a specimen under section 113 or a breath analyser test exceeds the prescribed limit at the time he or she provides the specimen, commits an offence and is liable, on conviction, to a fine not exceeding three hundred currency points or imprisonment not exceeding three years or both. A police officer in uniform may, in a manner prescribed by regulations impound the vehicle of a person who contravenes this section. For the purpose of this Act, “prescribed limit” means such proportion of alcohol in such proportion of blood as the Minister may by regulations prescribe. [section 111 substituted by section 55 of Act 6 of 2020 ]

Section Driving under the influence of drugs Section A person who, while under the influence of a drug drives a motor vehicle , trailer or engineering plant or attempts to drive a motor vehicle , trailer or engineering plant on any road , commits an offence and is liable, on conviction, to a fine not exceeding three hundred currency points or imprisonment not exceeding three years or both. For the avoidance of doubt, reference to drug under this section means drugs prohibited under the Narcotic Drugs and Psychotropic Substances (Control) Act, 2016 and the National Drug Policy and Authority Act and includes pharmaceutical drugs or prescribed drugs. [section 112 substituted by section 56 of Act 6 of 2020 ]

Section Blood tests Section A police officer in uniform may require a person driving or attempting to drive a motor vehicle , trailer or engineering plant or motorcycle or bicycle on a public road or other public place to accompany him or her to a police station or to a hospital, clinic; or health centre of a registered practitioner to provide a specimen of blood for a laboratory test, if the police officer has reasonable cause to suspect him or her of having alcohol or drugs in his or her body or system. Notwithstanding subsection (1), a police officer in uniform may require any person driving or attempting to drive a motor vehicle , trailer , engineering plant or motorcycle or bicycle on a public road or other public place to provide a specimen of urine for testing for drug or alcohol level with quick medical kits, if the police officer has reasonable cause to suspect him or her of having alcohol or drugs in his or her body or system. Where an accident occurs owing to the presence of a motor vehicle , trailer or engineering plant on a road or other public place, a police officer in uniform may require any person who he or she has reasonable cause to believe was driving or attempt...

Section Breath analyser test Section A police officer in uniform may in any reasonable place carry out on any person who may be required by him or her to provide a specimen of blood under section 113 , a breath analyser test; and subsections (3) and (4) of that section shall, with the necessary modifications, apply to him or her as they apply to a person required to provide a specimen of blood and who fails or refuses to do so.

Section Persons authorised to withdraw and analyse blood Section When a person submits to a blood test at the request of a police officer made under section 113 , only a registered practitioner or a registered nurse may withdraw blood for the purpose of determining the alcohol content in the blood. Chemical analysis of the person’s blood shall be considered valid under this section if performed, according to methods approved by the chief medical officer, by a person possessing a valid permit issued by the chief medical officer for the purpose. The chief medical officer may approve satisfactory techniques or methods to ascertain the qualifications and competence of individuals to conduct any analysis referred to in subsection (2) and issue permits which shall be subject to termination or revocation at the discretion of the chief medical officer. A person tested under this section may have a registered practitioner , or a qualified technician, chemist, registered nurse, or other qualified person of his or her own choosing to administer a chemical test in addition to any test administered at the direction of the police officer; but failure or inability to obtain an additional test by...

Section Detention of persons while affected by alcohol Section Any person required to provide a specimen of blood for laboratory test under this Act may after that be detained at a police station until it appears to a police officer that the proportion of alcohol in that person’s blood does not exceed the prescribed limit and in any case not exceeding twelve hours.

Section *** Section [section 117 repealed by section 58 of Act 6 of 2020 ]

Section *** Section [section 118 repealed by section 59 of Act 6 of 2020 ]

Section Careless or inconsiderate use of motor vehicle Section Every person who uses, parks or stands a motor vehicle , trailer or engineering plant on any road carelessly or without reasonable consideration for other persons using the road commits an offence and is liable on conviction to a fine not exceeding one hundred currency points or imprisonment not exceeding six months or both. [section 119 amended by section 60 of Act 6 of 2020 ]

Section *** Section [section 120 repealed by section 79(3) of Act 16 of 2019 ]

Section Driving while disqualified or without driving licence Section A person who drives a motor vehicle , trailer or engineering plant on a road while he or she is — disqualified from driving, or while he or she is not in possession of a valid driving licence or is in possession of a learner driving licence and is driving unaccompanied in the motor vehicle , trailer or engineering plant by a licensed instructor or driving, accompanied by a licensed instructor , in an unauthorised motor vehicle , trailer or engineering plant ; or disqualified from driving because his or her driving licence has been cancelled by a court, A person who drives a motor vehicle , trailer or engineering plant on a road while disqualified from driving because his or her driving licence has been suspended by a court commits an offence and is liable on conviction to a fine not exceeding three hundred currency points or imprisonment not exceeding three years or both. [subsection (2) amended by section 61(a) of Act 6 of 2020 ] Any person who drives a motor vehicle , trailer or engineering plant while disqualified for being without a valid driving licence issued for a motor vehicle , trailer or engineering pla...

Section Compliance with speed limit not a defence to other charges Section It is no defence in any proceedings for an offence relating to the use of a motor vehicle , trailer or engineering plant on any road , other than an offence of exceeding any speed limit, that at the time of the alleged offence the motor vehicle , trailer or engineering plant was being driven at a speed not exceeding any limit of speed duly fixed in respect of that road and motor vehicle , trailer or engineering plant .

Section Assignment of demerit points on conviction for certain offences Section Regulations made under subsection (1) shall provide for— The Minister may, by regulations, prescribe a demerit point system for purposes of this Act. the categorisation of offences according to the degree of severity; a schedule of offences and the number of points deductible for each offence; the demerit points to be recorded in relation to an offence against any licence held by that person; the manner of calculating the demerit points to be deducted; and any other matter that the Minister may deem necessary.

Section Emergency motor vehicles Section Notwithstanding this Act and subject to this section, the driver of an authorised emergency motor vehicle , trailer or engineering plant may, where the observance of this Act would be likely to hinder the use of an authorised emergency motor vehicle , trailer or engineering plant for the purpose for which it is being used— For the purposes of this section— park or stand in any place on a road , whether or not that place is a parking place; after slowing down, as may be necessary for safe operation, proceed past a red or stop sign; exceed the prescribed speed limit, so long as he or she does not endanger life or property; or disregard any regulation governing direction of movement or turning in a specified direction. The exemption granted by this section to an authorised emergency motor vehicle , trailer or engineering plant shall apply only when the driver of the motor vehicle , trailer or engineering plant , while in motion, sounds an audible signal by bell, siren or exhaust whistle, as may be reasonably necessary, or, if the motor vehicle , trailer or engineering plant is equipped with the flashing beacon of a type prescribed by the Minist...

Section Compulsory stopping at railway crossings Section Subject to this section, the driver of a motor vehicle , trailer or engineering plant shall, before entering on any railway level-crossing, stop clear of the line for such time as may be necessary to make adequate observations to ascertain whether or not the line is clear. Subsection (1) does not apply to any railway level-crossing that is for the time being controlled on the approach to the railway line by a police officer or traffic warden or railway-crossing keeper, or to any railway level-crossing at which a warning device in the form of a barrier arm is for the time being erected.

Section Duties of drivers in case of accidents Section In case of any accident, if any person is injured by the accident, the driver of the motor vehicle , trailer or engineering plant — Whenever the driver of the motor vehicle , trailer or engineering plant — Where an accident, arising directly or indirectly from the use of a motor vehicle , trailer or engineering plant , occurs to any person or to any motor vehicle , trailer or engineering plant , the driver of the motor vehicle , trailer or engineering plant shall stop if, having regard to all the circumstances, it is reasonably safe to do so and shall ascertain whether any person has been injured, in which event it shall be his or her duty to render all practicable assistance to the injured person. Where the driver does not stop as required by subsection (1) for fear of his or her safety, he or she shall immediately report the accident at the nearest police station. shall give to any police officer present and to any person concerned, his or her name and address and also the name and address of the owner and the number of the registration plates assigned to the vehicle ; and shall report the accident in person at the nearest po...

Section Access to care without regard to ability to pay Section A person involved in an accident shall have access to medical treatment at a hospital, clinic or any other health facility without proof of financial ability to pay until he or she has been stabilised. [section 125A inserted by section 64 of Act 6 of 2020 ]

Section Custody or care of accident patients Section Where a law enforcement officer is at the scene of an accident when an emergency medical service provider arrives, the law enforcement officer may prevent the emergency medical service provider from entering the scene of the accident to provide emergency medical service until the law enforcement officer determines that it is safe for the emergency medical service provider to enter. The law enforcement officer shall permit the emergency medical service provider access to the patient to provide emergency medical care before transportation to a hospital or health facility.

Section Riding in a dangerous position Section Except for the purpose of testing or repairing a motor vehicle , trailer or engineering plant , no person shall ride or be carried on the footboard, tailboard, steps, mudguards, canopy or roofing of any motor vehicle , trailer or engineering plant or in any manner or position as is in the circumstances unsafe. No person shall ride or be carried on any load upon a motor vehicle , trailer or engineering plant if it is unsafe by reason of the insufficiency of space available for that person to stand or sit or by reason of the position in which he or she is carried of the height or arrangement of the load. A person who contravenes any provision of this section commits an offence and is liable, on conviction, to a fine not exceeding three hundred currency points or imprisonment not exceeding six months or both. [subsection (3) substituted by section 65 of Act 6 of 2020 ]

Section Restriction on pillion riding Section Not more than one person in addition to the driver shall be carried on any two-wheeled motorcycle ; and no person shall be so carried otherwise than on a proper seat securely fixed to the cycle. A person who contravenes subsection (1) commits an offence and is liable, on conviction, to a fine of not exceeding two hundred currency points or imprisonment not exceeding two years or both. [subsection (2) substituted by section 66 of Act 6 of 2020 ]

Section Obstructing driver of a motor vehicle, etc. Section No person in a motor vehicle , trailer or engineering plant shall molest or obstruct the driver of the motor vehicle , trailer or engineering plant while it is in motion. No person shall carry passengers in a motor vehicle , trailer or engineering plant in such numbers or in such position as to be likely to interfere with the safe driving of the motor vehicle , trailer or engineering plant . A person who contravenes this section commits an offence and is liable, on conviction, to a fine of not exceeding one hundred currency points or imprisonment not exceeding one year or both. [subsection (3) substituted by section 67 of Act 6 of 2020 ]

Section Causing damage to a motor vehicle Section Any person who throws away any object at a motor vehicle , trailer or engineering plant or at any person in or on the motor vehicle , trailer or engineering plant or places any object on any road or by any means impedes the progress of any motor vehicle , trailer or engineering plant by which injury or damage might be caused to the motor vehicle , trailer or engineering plant or person commits an offence. A person who contravenes subsection (1) commits an offence and is liable, on conviction, to a fine not exceeding three hundred currency points or imprisonment not exceeding six months or both. [subsection (2) added by section 68 of Act 6 of 2020 ] [section 129 amended by section 68 of Act 6 of 2020 ]

Section Taking motor vehicle without owner’s consent Section Any person, whether employed by the owner of the motor vehicle , trailer or engineering plant or not, who takes and drives away or attempts to take and drive away any motor vehicle , trailer or engineering plant without the consent of the owner or his or her agent commits an offence and is liable, on conviction, to a fine not exceeding three hundred currency points or imprisonment not exceeding six months or both. [subsection (1) substituted by section 69 of Act 6 of 2020 ] In any trial for an offence under this section, the court shall not convict the accused if satisfied that the accused acted in the reasonable belief that he or she had lawful authority or in the reasonable belief that the owner would, in the circumstances of the case, have given his or her consent if he or she had been asked for it. If, in any prosecution for stealing a motor vehicle , trailer or engineering plant , the court is of the opinion that the defendant is not guilty of stealing the motor vehicle , trailer or engineering plant but is guilty of an offence under this section, the court may find him or her guilty of an offence under this section....

Section Regulations for purposes of Part VI Section Regulations may be made under section 178 for all or any of the following purposes— providing for minimising the noise and the issue of smoke or fumes from the working of any motor vehicle , trailer or engineering plant ; providing for the safe carriage of goods and passengers in motor vehicles, trailers and engineering plant , for the licensing of conductors and baggage attendants and for the conduct of drivers, conductors, baggage attendants and passengers in motor vehicles; restricting or prohibiting the use of motor vehicles, trailers or engineering plant that, owing to defects of construction or equipment or disrepair, are unsuitable for safe use; prescribing the construction of motor vehicles, trailers or engineering plant and the equipment to be used on them; prescribing the affixing of efficient brakes and good tyres on motor vehicles, trailers or engineering plant and the kinds of lamps that may be carried on motor vehicles, trailers or engineering plant , requiring the carrying of those lamps and prescribing how and when they are to be used; regulating the attaching and use of bells, alarms, reflectors, direction indicat...

Section Standards for safety and environmentally compliant motor vehicles, trailers and engineering plants Section The Minister may, by statutory instrument, determine safe and environmentally friendly vehicle standards for motor vehicles, trailers and engineering plants. In determining safe vehicle standards under subsection (1), the Minister may incorporate international best practices and standards and consult any relevant stakeholder. [section 131A inserted by section 70 of Act 6 of 2020 ]

Section Procedures for testing motor vehicles Section The Minister may, by statutory instrument, prescribe procedures and arrangements for determining whether motor vehicles, trailers or engineering plants comply with this Act including the procedure for— testing and inspection of roadworthiness of vehicles or vehicle components; inspection of procedures followed in the manufacture of vehicles or vehicle components; testing and inspection of materials, machinery, appliances, articles or facilities used in the manufacture of vehicles or vehicle components; the operation of facilities used in the carrying out testing and inspection of vehicles; or the keeping of records relating to the manufacture , testing or inspection of vehicles or vehicle components and the examination of those records by inspectors appointed under section 29 . [section 131B inserted by section 70 of Act 6 of 2020 ]

Section Modification of motor vehicles Section A person shall not modify a chassis of a motor vehicle , trailer or engineering plant without prior written permission of the manufacturer of the chassis of the motor vehicle , trailer or engineering plant . Notwithstanding subsection (1), the Minister may, in consultation with the chief licensing officer make regulations for the modification of motor vehicles, trailers or engineering plants. Subject to subsection (2), a person who wishes to modify a motor vehicle , trailer or engineering plant shall apply to the chief licensing officer in a manner prescribed by regulations for authorisation to undertake the modification of the motor vehicle , trailer or engineering plant . [section 131C inserted by section 70 of Act 6 of 2020 ]

Section Importation and supply of motor vehicles Section Subject to this Act, a person shall not import into or sell a motor vehicle , trailer or engineering plant in Uganda unless it is in compliance with the standards issued by the Uganda National Bureau of Standards in consultation with the Minister . Notwithstanding subsection (1), a person may supply a motor vehicle under prescribed conditions and with the written approval of the Minister , with or without conditions. [section 131D inserted by section 70 of Act 6 of 2020 ]

Section Importation and supply of used motor vehicles Section A person commits an offence if he or she supplies to the market a used imported vehicle where— the vehicle does not comply with the prescribed standards; the vehicle does not have a used import plate; and the supply is not authorised under the applicable law. The Minister may, by regulations, prescribe the maximum age of vehicles to be imported into Uganda. A person who commits an offence under subsection (1) is liable, on conviction, to a fine not exceeding one hundred currency points or imprisonment not exceeding five years or both. [section 131E inserted by section 70 of Act 6 of 2020 ]

Section Importation of vehicles requiring modification Section A person may import a non-standard motor vehicle , trailer or engineering plant for purposes of modification with the written approval of the chief licensing officer and upon such terms and conditions as the chief licensing officer may determine. [section 131F inserted by section 70 of Act 6 of 2020 ]

Section Use of vintage, specialist and enthusiast vehicles Section Regulations made under subsection (1) may provide for— The Minister may make regulations for the use of vintage, specialist or enthusiast motor vehicles and shall cause to be kept, a register of all such motor vehicles. the form in which the register is to be kept; the procedure for application; the procedure for registration; the criteria to be satisfied before the motor vehicle , trailer or engineering plant may be entered on the register ; the inspection of the register ; the procedures to be followed for removing a motor vehicle , trailer or engineering plant from the register ; and any other matter that the minister may deem necessary.

Section Periodic inspection of motor vehicles for environmental and road safety compliance Section All motor vehicles shall be inspected periodically for environmental and road safety compliance and in the case of public service vehicles, every after one year and other motor vehicles, every after two years. [section 131H inserted by section 70 of Act 6 of 2020 ]