Traffic and Road Safety Act, 1998
The Act comes into force on dates the Minister appoints; the Minister may appoint different dates for different provisions, by statutory instrument.
- Jurisdiction
- Uganda
- Instrument
- Act or statute
- Citation
- Chapter 361
- Version
- 22 May 2020
- Language
- en
- Official source
- View official record ↗
Source attribution: Source: Uganda Legal Information Institute
Statute overview
About this statute
The Act comes into force on dates the Minister appoints; the Minister may appoint different dates for different provisions, by statutory instrument. Part I, section 2 provides interpretation and definitions of terms used in the Act and includes rules on burden of proof for citizenship in Part V. The chief licensing officer must perform specified functions related to motor vehicle registration, licensing, records, issuing plates, cancellations, licensing of dealers and custody of confiscated items. The head of the department of transport regulation and safety is designated as the chief licensing officer of motor vehicles. Licensing officers and vehicle inspectors must be under the direction of the chief licensing officer.
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Legal text
Provisions of Traffic and Road Safety Act, 1998
Showing 70 of 70
Part I
Preliminary
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Preliminary - Commencement
The Act comes into force on dates the Minister appoints; the Minister may appoint different dates for different provisions, by statutory instrument.
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. - 2 Verify source ↗
Preliminary - Interpretation
Part I, section 2 provides interpretation and definitions of terms used in the Act and includes rules on burden of proof for citizenship in Part V.
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 numerical values are assigned to traffic offences in proportion to the seriousness of the offence; “ digital network ” means a set of communication standard for simultaneous digital transmission of voice, video, data and other network services over the traditional circuits of the public switched telephone network; “ driver ”— (a) in relation to a motor vehicle , means a person who drives or attempts to drive or is in charge of a motor vehicle or other vehicle (including a cycle) or an instructor of a learner driver; (b) in relation to a towed vehicle , means a person who drives the towing vehicle ; and (c) in relation to digital transport network, means a person who— (i) receives via a digital network a request for the provision of pre-arranged rides from one or more potential user; (ii) uses a vehicle to offer or provide one or more potential user through a request with a prearranged ride following connection with the passenger via a digital network ; and (iii) has met the safety requirements prescribed under this Act; “ driving school ” means a school licensed under section 37 where a person intending to drive a motor vehicle, trailer or engineering plant receives instructions in driving a motor vehicle, trailer or engineering plant; “ dual-purpose vehicle ” means a vehicle that is constructed or adapted for the carriage of passengers and of goods or burden of any description, the unladen weight of which does not exceed two tonnes; “ engineering plant ” means movable plant or equipment being a self-propelled vehicle or trailer designed or constructed for special purposes of engineering operations which, when proceeding on a road , does not carry any load other than such as is necessary for its propulsion or equipment; “ examining officer ” means a person appointed as an examining officer under section 4 (1)(c) for purposes of testing drivers for issuance of a drivers’ licence; “ goods operator’s licence ” means a licence issued under section 83 ; “ goods vehicle ” means a heavy motorcar which is constructed or adapted for use for the conveyance of goods or burden of any description; “ heavy goods vehicle ” means a heavy motorcar which is constructed or adapted for use for the conveyance of goods or burden of any description exceeding a weight prescribed by regulations; “ heavy motorcar ” means a motor vehicle , not being a motorcycle , which is constructed to carry a load or passengers, the permissible maximum weight of which exceeds twelve thousand kilograms; “ heavy omnibus ” means a motor vehicle used for the carriage of persons, having a seating accommodation exceeding 30 seats in addition to the driver ’s seat and may be coupled to a trailer whose permissible maximum mass exceeds seven hundred fifty kilograms; “ heavy tractor ” means a tractor the weight of which exceeds two tonnes; “ insurance ” has the same meaning as in the Insurance Act, 2017; “ licence ” means a licence issued under this Act; “ licensed instructor ” means a person licensed under section 37 (3) to instruct a person to drive a motor vehicle, trailer or engineering plant; “ licensing officer ” means a person appointed as a licensing officer under section 4 (1)(a) for purposes of licensing and registering motor vehicles, trailers and engineering plants under this Act; “ licensing year ” has the meaning assigned to it in sections 6 and 60 ; “ light goods vehicle ” means a motor vehicle which is constructed or adapted for use for the conveyance of goods or burden of any description exceeding three thousand five hundred kilograms but does not exceed seven thousand five hundred kilograms and may be coupled to a trailer , the permissible maximum mass of which does not exceed seven hundred fifty kilograms; “ light omnibus ” means a vehicle having seating accommodation for more than eight people in addition to the driver ’s seat but not exceeding sixteen people in addition to the driver ’s seat and may be coupled to a trailer , the permissible maximum mass of which does not exceed seven hundred fifty kilograms; or, may be coupled to a trailer , not used for the carriage of persons, the permissible maximum mass of which exceeds seven hundred fifty kilograms but does not exceed the un-laden mass of the motor vehicle , where the combined permissible maximum mass of the vehicles so coupled does not exceed 12,000 kg; “ manufacture ” with its grammatical variations and cognate expressions, means to subject any physical matter to any process which materially changes the matter in substance, character or appearance; “ medium goods vehicle ” means a medium motor vehicle which is constructed or adapted for use for the conveyance of goods or burden of any description exceeding three thousand five hundred kilograms but not exceeding twelve ten thousand kilograms; “ medium motorcar ” means a motor vehicle , not being a motorcycle , which is constructed to carry a load or passengers the permissible maximum weight of which exceeds three thousand five hundred kilograms but does not exceed twelve thousand kilograms; “ medium omnibus ” means a motor vehicle used for the carriage of passengers and having seating accommodation of more than eight people in addition to the driver ’s seat but not exceeding thirty people in addition to the driver ’s seat and may be coupled to a trailer the permissible maximum mass of which does not exceed seven hundred kilograms; “ Minister ” means the Minister responsible for transport; “ motorcar ” means a motor vehicle , not being a motorcycle , which is constructed to carry a load or passengers, the permissible maximum weight of which does not exceed three thousand five hundred kilograms, and in the case of a passenger vehicle having not more than eight seats in addition to the driver ’s seat; “ motorcycle ” means any two-wheeled motor vehicle , with or without a side car equipped with a propelling engine; “ motor vehicle ” means any self-propelled vehicle intended or adapted for use on the road ; “ owner ” means, in the case of a vehicle which is for the time being registered under this Act, the person or persons appearing as the owner or owners of the vehicle in the register kept by the chief licensing officer under this Act; “ owner’s transport vehicle ” means a goods vehicle of an employer of labour in respect of which a permit is granted under section 88 to carry the employees or agents of that employer; “ passenger vehicle ” means a vehicle that is constructed or adapted solely for the carriage of passengers and their effects and includes a dual-purpose vehicle ; “ pedestrian crossing ” means a crossing for foot passengers of the part of a road normally used by vehicular traffic established under this Act and indicated by traffic signs in accordance with the regulations applicable to that crossing; “ pre-arranged rides ” means the provision of a platform whereby a passenger requests a driver for a ride through a digital network and the driver accepts the request from the passenger; “ private omnibus ” means a motor vehicle used for the carriage of persons, not being a public service vehicle , having seating accommodation for more than eight persons in addition to the driver ’s seat; “ public omnibus ” means a public service vehicle that carries passengers at separate fares on a previously determined route; “ public service vehicle ” means a passenger vehicle licensed to carry passengers for hire or reward; “ quadricycle ” means a motor vehicle with four wheels used only for pleasure purposes; “ register ” means a register which includes information stored for use in a computer and any other apparatus; " registered practitioner ” has the meaning assigned to it under the Medical and Dental Practitioners Act; “ rental vehicle ” means a passenger vehicle which is a public service vehicle not carrying passengers at separate fares and which plies for hire at a licensed fixed place of business not being a taxi rank, taxi park, bus park or road , on daily, weekly or monthly basis or for a specific journey; “ road ” has the same meaning as defined in the Roads Act, 2019; “ semitrailer ” means any trailer designed to be coupled to a motor vehicle in such a way that part of it rests on the motor vehicle and that a substantial part of its weight and of the weight of its load is borne by the motor vehicle ; “ special machinery ” includes tractors and earth moving equipment including graders, bulldozers and compacters; “ tourist vehicle ” means a motor vehicle that is specially designed and built for transportation of tourists; “ town taxicab ” means a motorcar used as a passenger vehicle which stands on a rank or plies for hire on a road or a fixed place of business and is licensed to carry passengers for hire or reward under a contract express or implied for the use of the vehicle as a whole at an authorised fee and rate displayed on the vehicle and the sum indicated on the meter; “ traffic warden ” means a person appointed as a traffic warden under section 166 (1); “ trailer ” means any vehicle designed to be drawn or propelled by a motor vehicle but does not include— (a) an integral sidecar, integral fore car or integral trailer attached to a motorcycle (which shall be regarded as forming part of the vehicle to which it is attached); (b) engineering plant ; or (c) agricultural implement not constructed or adapted for the conveyance of goods or burden of any description when drawn by a farmer’s power-driven vehicle ; “ transportation Network Company ” means a person that uses a digital network to connect licensed drivers and motor vehicles to willing users for a fee; “ tricycle ” means a motor vehicle with three wheels; “ vintage motor vehicle ” means a motor vehicle registered in Uganda before the first day of January, 1980 and which is used solely for purposes of exhibition at motor shows or similar events; “ vehicle ” includes a machine or implement of any kind drawn or propelled along roads whether by animal, mechanical, electrical or any other motive power; “ vehicle inspector ” means a person appointed as a vehicle inspector under section 4 (1). [subsection (1) substituted by section 1 of Act 6 of 2020 ] Where, for the purposes of Part V of this Act, there is reasonable doubt whether a person is a citizen of Uganda, the burden of proof shall be upon that person. For the purposes of Part V of this Act, a “ company ” whether incorporated in Uganda or not, and a “firm” the firm name of which is registered in Uganda, shall be regarded as a citizen of Uganda if, in the case of a company, more than 51 percent of its share capital, or in the case of a firm, more than 51 percent of its partnership property, is held by or on behalf of persons who are citizens of Uganda. A statutory declaration made by a director, partner or other person responsible for the management of that company or firm referred to in subsection (3) that to the best of his or her knowledge and belief more than 51 percent of the share capital of the company or more than 51 percent of the partnership property of the firm is held as described in subsection (3) shall be prima facie evidence that it is so held.
Part II
Administration
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Administration - Chief licensing officer of motor vehicles
The head of the department of transport regulation and safety is designated as the chief licensing officer of motor vehicles.
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 ] - 3 Verify source ↗
Administration - Functions of the chief licensing officer of motor vehicles
The chief licensing officer must perform specified functions related to motor vehicle registration, licensing, records, issuing plates, cancellations, licensing of dealers and custody of confiscated items.
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 regulations made under this Act; licence all dealers of motor vehicles, trailers or engineering plants, assembly plants, manufacturers and motor vehicle repair facilities; keep custody of all confiscated, cancelled and suspended registration plates and driving licences; and give directions to licensing officers, vehicle inspectors and examining officers. - 4 Verify source ↗
Administration - Licensing officers, etc.
Licensing officers and vehicle inspectors must be under the direction of the chief licensing officer.
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 . - 5 Verify source ↗
Administration - Control by Minister
The chief licensing officer must be under the overall control of the Minister on policy matters and must comply with directions from the Minister on those matters.
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 .
Part III
Registration and licensing of motor vehicles, etc.
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Registration and licensing of motor vehicles, etc. - Prohibition of possession of motor vehicles, etc. without registration
No person may possess a motor vehicle, trailer or engineering plant unless it is registered under this Act; breach is an offence.
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 ] - 11 Verify source ↗
Registration and licensing of motor vehicles, etc. - Classification of motor vehicles, etc.
For the purposes of this Act, motor vehicles, trailers and engineering plant shall be divided into the following classes—
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. - 12 Verify source ↗
Registration and licensing of motor vehicles, etc. - Application for registration of motor vehicles
An application to register a motor vehicle, trailer or engineering plant must be made to the chief licensing officer in the manner prescribed by 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 ] - 13 Verify source ↗
Registration and licensing of motor vehicles, etc. - Registration of motor vehicles, etc.
Licensing officers must verify registration applications, may send vehicles for inspection, must not register certain goods vehicles until load capacity is determined, must enter particulars and issue plates and books; persons who improperly make or use registration plates commit offences with imprisonment and possible forfeiture.
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 written law has been paid. If an application is made to register a goods vehicle or trailer the body of which has not been made by the manufacturers of the chassis, or the load capacity of which has not been declared by the manufacturers, a licensing officer shall not register the goods vehicle or trailer until a vehicle inspector has determined its load capacity. The decision of a vehicle inspector under subsection (2) is final. A licensing officer shall, when satisfied as to the particulars of a motor vehicle , trailer or engineering plant contained in an application for registration, enter the particulars in his or her register and shall assign the motor vehicle , trailer or engineering plant a number or mark to be shown on the registration plates to be affixed to the motor vehicle , trailer or engineering plant and shall issue to the applicant registration plates and a registration book in the prescribed form for the motor vehicle , trailer or engineering plant . Where a motor vehicle , trailer or engineering plant is owned by more than one person, the registration shall be effected in the names of all the owners. [subsection (5) substituted by section 9(a) of Act 6 of 2020 ] A person who has an interest, including through a lease, security or loan in a motor vehicle , trailer or engineering plant shall register the interest under the Security Interest in Moveable Property Act, 2019. [subsection (5a) inserted by section 9(b) of Act 6 of 2020 ] The Registrar under the Security Interest in Moveable Property Act, 2019 shall immediately submit to the chief licensing officer returns of all interests registered under subsection (5a). [subsection (5b) inserted by section 9(b) of Act 6 of 2020 ] The chief licensing officer , shall upon receipt of the returns under subsection (5b) and proof of payment of registration fees, enter the interests in the relevant registration books. [subsection (5c) inserted by section 9(b) of Act 6 of 2020 ] The chief licensing officer shall endorse the words “tax free” on all registration books relating to motor vehicles, trailers or engineering plants brought into the country duty free. [subsection (5d) inserted by section 9(b) of Act 6 of 2020 ] The registration of a motor vehicle , trailer or engineering plant shall not be effected under a business name (whether registered or unregistered) or under the name of any unincorporated body. makes any registration plate which resembles a registration plate issued by the licensing officer ; knowingly has in his or her possession a registration plate so issued; knowingly has in his or her possession a registration plate which resembles a registration plate so issued and which is likely to deceive; uses any registration plate so issued which is altered or defaced; fraudulently or knowingly alters or defaces any registration plate so issued; fraudulently uses, lends or permits to be used a registration plate so issued; or buys or sells any registration plate which resembles a registration plate so issued and which is likely to deceive, commits an offence and is liable — in the case of a first offence, to imprisonment of not exceeding five years; [paragraph (h) amended by section 9(c) of Act 6 of 2020 ] in case of a second or subsequent offence, to imprisonment of not exceeding seven years. [paragraph (i) amended by section 9(d) of Act 6 of 2020 ] Where a person is convicted of an offence under subsection (7), the court shall, in addition to any penalty imposed under that subsection, order the forfeiture of any registration plate to which the offence relates and may also order the forfeiture of any machine or equipment used in the manufacture of the registration plate and the closure of the workshop or factory where the registration plate was manufactured. - 14 Verify source ↗
Registration and licensing of motor vehicles, etc. - Re-registration of motor vehicles
An owner whose vehicle registration is cancelled may apply to the chief licensing officer for re-registration; the chief licensing officer may re-register the vehicle if satisfied and on payment of the prescribed fee.
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 ]
Part IX
***
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*** - ***
Section 168 repealed by section 75 of Act 6 of 2020
Section *** Section [section 168 repealed by section 75 of Act 6 of 2020 ] - 169 Verify source ↗
*** - ***
Section 169 repealed by section 75 of Act 6 of 2020
Section *** Section [section 169 repealed by section 75 of Act 6 of 2020 ] - 170 Verify source ↗
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Section 170 was repealed by section 75 of Act 6 of 2020.
Section *** Section [section 170 repealed by section 75 of Act 6 of 2020 ]
Part VI
Use of motor vehicles
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Use of motor vehicles - Condition of motor vehicle, etc. for use on a road
Motor vehicles, trailers or engineering plant must not be used on a road unless they (and their parts, including tyres and lights) are in good condition and not likely to be dangerous; use with excessive or improperly distributed load is also prohibited; contravention is an offence punishable by fine or imprisonment and may lead to licence suspension.
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 adjustment of the load is such as to make it a danger to persons travelling on the motor vehicle , trailer or engineering plant or to other users of the road . a child who is under the apparent age of five years and who does not occupy a seat shall not be taken to be a passenger; any two children, each of whom is over the apparent age of five years and under the apparent age of twelve years, shall be taken to be one passenger; and in the case of a vehicle licensed under section 94 , subsections (2) and (3) of this section shall, with regard to the number of passengers carried, be taken to be complied with if the number does not exceed the number permitted by the licence. Any person who uses on a road a motor vehicle , trailer or engineering plant in contravention of subsection (1), (2) or (3) commits an offence and is liable on conviction to a fine of not exceeding three hundred currency points or imprisonment not exceeding six months or both. [subsection (5) amended by section 51(b) of Act 6 of 2020 ] in the case of a contravention of subsection (1), any person who is shown to the satisfaction of the court to have been responsible for the maintenance of the motor vehicle , trailer or engineering plant ; and in the case of a contravention of subsection (2) or (3), any person who is shown to the satisfaction of the court to have been responsible for the loading of the motor vehicle , trailer or engineering plant , Where a person is convicted of an offence under subsection (1), (2) or (3) in respect of the same motor vehicle , trailer or engineering plant two or more times within twelve months, the court may order the chief licensing officer to suspend the licence of that vehicle , trailer or engineering plant issued under section 17 for six months. The owner of the motor vehicle , trailer or engineering plant , the licence in relation to which is ordered to be suspended under subsection (7), shall return the licence and the registration plates of the motor vehicle , trailer or engineering plant to the chief licensing officer , who shall return the licence and the registration plates or issue another licence and registration plates in respect of that motor vehicle , trailer or engineering plant after the expiration of the period of suspension on production by the applicant of a vehicle inspector ’s certificate stating that the vehicle is fit in all respects for use on a road . When a motor vehicle , trailer or engineering plant licence has been suspended under subsection (7), no refund of licence fee shall be made. A court shall, in sentencing any person under subsection (5), in addition to any other penalty which it may impose, order the chief licensing officer to suspend the licence of the vehicle issued under section 17 for a period not exceeding two years. Where an order is made in respect of a vehicle under subsection (10), the owner of the vehicle shall return the licence and registration plates of the vehicle to the chief licensing officer and the operator’s vehicle licence issued under section 94 to the secretary to the board. The chief licensing officer shall return the licence and the registration plates in respect of the vehicle after the expiration of the suspension and on production by the applicant of a vehicle inspector ’s certificate that the motor vehicle is fit in all respects for use on a road . - 108 Verify source ↗
Use of motor vehicles - Causing bodily injury or death through reckless driving
Driving recklessly that causes death, bodily injury, or an accident is an offence punishable by imprisonment and/or fines; police officers in uniform may arrest without warrant drivers who commit offences under this section in their view; courts may award limited compensation to injured persons or dependents.
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 so given is false; if the motor vehicle , trailer or engineering plant does not bear an identification plate; or for any other reason as the Minister may prescribe by regulations. The court which convicts a person under subsection (1) or (2) may award to any person injured as a result of the offence, or to the dependent of any person whose death arises out of the commission of the offence, compensation not exceeding fifty percent of any fine paid or that would be paid under this Act by the person convicted in respect of the offence. Where a person is convicted of aiding, abetting, concealing, procuring or inciting the commission of an offence under this section, and it is proved that he or she was present in the vehicle at the time of the offence of which he or she is convicted, the conviction shall, for the purposes of the provisions of this Act relating to disqualification from holding or obtaining a driving licence , be taken to be in respect of an offence in connection with the driving of a motor vehicle , trailer or engineering plant . driving over the prescribed speed limit; failing to use signals; disobeying traffic signs and signals; drifting into another lane; distracted driving; using a hand held mobile phone while driving; driving a vehicle on a public road without due care and attention or reasonable consideration for other persons using the public road ; driving while under the influence of drink or drugs contrary to this Act; or failing to stop for a pedestrian at a designated pedestrian crossing . - 109 Verify source ↗
Use of motor vehicles - ***
Section 109 is repealed by section 53 of Act 6 of 2020.
Section *** Section [section 109 repealed by section 53 of Act 6 of 2020 ] - 110 Verify source ↗
Use of motor vehicles - ***
Section 110 was repealed by section 54 of Act 6 of 2020.
Section *** Section [section 110 repealed by section 54 of Act 6 of 2020 ] - 111 Verify source ↗
Use of motor vehicles - Driving with blood alcohol concentration above the prescribed limit
It is an offence for a person to drive or attempt to drive a motor vehicle, trailer or engineering plant in a public place when their blood or breath alcohol exceeds the prescribed limit; on conviction they face a fine (up to three hundred currency points), imprisonment (up to three years), or both. A police officer in uniform may impound the vehicle. The Minister may prescribe the prescribed limit by regulations.
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 ] - 112 Verify source ↗
Use of motor vehicles - Driving under the influence of drugs
Driving a motor vehicle, trailer or engineering plant while under the influence of a drug is an offence punishable by a fine not exceeding three hundred currency points or imprisonment not exceeding three years, or both.
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 ] - 113 Verify source ↗
Use of motor vehicles - Blood tests
Police officers in uniform may require drivers or persons attempting to drive to provide blood or urine specimens for alcohol or drug testing when they have reasonable cause to suspect alcohol or drugs, may arrest persons who refuse (with an exception for hospital patients), and refusal to provide blood is an offence liable to a fine not exceeding one hundred currency points.
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 attempting to drive or in charge of the motor vehicle , trailer or engineering plant at the time of the accident to accompany him or her to a police station, a hospital, clinic or health centre of a registered practitioner to provide a specimen of blood for a laboratory test. A person shall not be required to provide a specimen of blood under subsection (3) while at a hospital as a patient if the registered practitioner in immediate charge of his or her care is not first notified of the proposal to make the requirement, or objects to the provision of a specimen of blood on the ground that its provision or the requirement to provide it would be prejudicial to the proper care or treatment of the patient. Where a person required by a police officer in uniform under subsection (1), (2) or (3) to provide a specimen of blood for a laboratory test fails to do so and the police officer has reasonable cause to suspect him or her of having alcohol in his or her body, the police officer may arrest that person without warrant, except while he or she is at a hospital as a patient. A person required to provide a specimen of blood under this section who refuses to provide the specimen, commits an offence and is liable, on conviction, to a fine not exceeding one hundred currency points, and the failure to provide a specimen of blood shall be taken by the court as prima facie evidence that the accused’s blood alcohol level is above the prescribed limit or the person is under the influence of drugs. [section 113 substituted by section 57 of Act 6 of 2020 ] - 114 Verify source ↗
Use of motor vehicles - Breath analyser test
A police officer in uniform may, in any reasonable place, carry out a breath analyser test on a person who may be required to provide a specimen of blood under section 113.
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. - 115 Verify source ↗
Use of motor vehicles - Persons authorised to withdraw and analyse blood
Only a registered practitioner or registered nurse may withdraw blood for alcohol testing at a police request; chemical analyses are valid if done by a person with a permit from the chief medical officer, who may approve methods and issue or revoke permits. A person tested may obtain an additional independent test, but failure to do so does not bar admission of the police-directed test.
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 such a person shall not preclude the admission of evidence relating to a test taken at the direction of a police officer in accordance with this section. Upon the request of the person who submits to a blood test under this section, full information concerning the test shall be made available to him or her or his or her advocate. - 116 Verify source ↗
Use of motor vehicles - Detention of persons while affected by alcohol
A person required to give a blood specimen may be detained at a police station until a police officer is satisfied the person's blood-alcohol proportion is at or below the prescribed limit, but for no more than twelve hours.
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. - 117 Verify source ↗
Use of motor vehicles - ***
Section 117 was repealed by section 58 of Act 6 of 2020.
Section *** Section [section 117 repealed by section 58 of Act 6 of 2020 ] - 118 Verify source ↗
Use of motor vehicles - ***
Section 118 was repealed by section 59 of Act 6 of 2020.
Section *** Section [section 118 repealed by section 59 of Act 6 of 2020 ] - 119 Verify source ↗
Use of motor vehicles - Careless or inconsiderate use of motor vehicle
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 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 ] - 120 Verify source ↗
Use of motor vehicles - ***
Section 120 was repealed by section 79(3) of Act 16 of 2019.
Section *** Section [section 120 repealed by section 79(3) of Act 16 of 2019 ] - 121 Verify source ↗
Use of motor vehicles - Driving while disqualified or without driving licence
It is an offence for a person to drive a motor vehicle, trailer or engineering plant on a road while disqualified, without a valid driving licence (including driving unaccompanied on a learner licence or in an unauthorised vehicle), or with a licence that is capable of renewal but not renewed; various offences carry specified fines or imprisonment.
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 plant of that group or drives a public service vehicle or a private omnibus without a valid certificate issued by the secretary to the board commits an offence and is liable on conviction to a fine not exceeding two hundred currency points or imprisonment not exceeding two years or both. [subsection (3) amended by section 61(b) of Act 6 of 2020 ] A person who drives a motor vehicle , trailer or engineering plant on a road while in possession of a valid driving licence which is capable of being renewed but has not been renewed commits an offence and is liable on conviction to a fine of not less than two currency points and not exceeding five currency points. - 122 Verify source ↗
Use of motor vehicles - Compliance with speed limit not a defence to other charges
Driving at or below a duly fixed speed limit is not a defence to other offences relating to the use of a motor vehicle, trailer or engineering plant on a road (except for the offence of exceeding a speed limit).
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 . - 122 Verify source ↗
Use of motor vehicles - Assignment of demerit points on conviction for certain offences
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
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. - 123 Verify source ↗
Use of motor vehicles - Emergency motor vehicles
Drivers of authorised emergency motor vehicles, trailers or engineering plant may depart from certain road rules (including parking, stopping at red or stop signs after slowing, exceeding speed limits without endangering life or property, and disregarding directional regulations) when sounding an audible signal or exhibiting a prescribed flashing beacon; other drivers must give way and stop at the left-hand edge until the emergency vehicle has passed; failure to comply is an offence punishable by fine or imprisonment.
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 Minister , is exhibiting a light visible under normal atmospheric conditions from a distance of one hundred and fifty metres to the front of the motor vehicle , trailer or engineering plant . This section does not relieve the driver of an authorised emergency motor vehicle , trailer or engineering plant from the duty to drive with due regard and care for the safety of persons or property, nor protect the driver from consequences of his or her disregard for the safety of such persons or property. Upon the immediate approach of an authorised emergency motor vehicle , trailer or engineering plant , the driver of every other motor vehicle , trailer or engineering plant shall, except when otherwise directed by a police officer in uniform, give the right of way, and shall immediately drive to a position parallel to and as close as possible to the left-hand edge of the curb of the roadway, clear of any intersection, and shall stop and remain in that position until the authorised emergency motor vehicle , trailer or engineering plant has passed. “authorised emergency motor vehicle ” means a motor vehicle , trailer or engineering plant for the purposes of the police, fire brigade, ambulances, the military motor vehicles of the armed forces and such other motor vehicles, trailers or engineering plant as may be designated by the Minister in consultation with the chief licensing officer by statutory order; ”emergency” means a serious, unexpected or dangerous situation requiring immediate action. A person who fails to comply with this section 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 (6) amended by section 63(b) of Act 6 of 2020 ] - 124 Verify source ↗
Use of motor vehicles - Compulsory stopping at railway crossings
Drivers of motor vehicles, trailers or engineering plant must stop before entering a railway level-crossing and look to ensure the line is clear.
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. - 125 Verify source ↗
Use of motor vehicles - Duties of drivers in case of accidents
Drivers involved in accidents must stop (if reasonably safe), ascertain injuries and render practicable assistance; they must provide their and the owner’s name and addresses and registration plate number, report to police in person as soon as reasonably practicable and within 24 hours unless incapable, and other occupants or owners must report when the driver is incapable; police may remove plates if vehicle is unsafe and it must not be driven until certified fit; failure to comply is an offence liable to a fine of not less than five and not exceeding thirty currency points.
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 police station or to a police officer as soon as reasonably practicable and in any case not later than twenty-four hours after the time of the accident, unless the driver is incapable of doing so by reason of injuries sustained by him or her in the accident. In the case of any accident, if no person is injured by the accident, the driver of the motor vehicle , trailer or engineering plant shall give to the person concerned his or her name and address, the name and address of the owner of the motor vehicle , trailer or engineering plant and the number of the registration plates assigned to the motor vehicle , trailer or engineering plant . is physically incapable of giving immediate notice of an accident as required by subsection (3) and there is another occupant in the motor vehicle , trailer or engineering plant at the time of the accident capable of doing so, that occupant shall give or cause to be given the particulars of the accident not given by the driver ; is physically incapable of making a report of an accident as required by subsection (3), and the driver is not the owner of the motor vehicle , trailer or engineering plant , then the owner of the motor vehicle , trailer or engineering plant involved in the accident shall, after learning of the accident, make the report of the accident not made by the driver . If, as result of being involved in an accident, a motor vehicle , trailer or engineering plant appears to a police officer in uniform to be in such condition that it would not be fit or safe for use on a road , the officer may remove the vehicle ’s registration plates and return them to the licensing officer . A motor vehicle , trailer or engineering plant from which the registration plates have been removed under subsection (6) shall not thereafter be driven under its own motive power on a road until it has been tested and been given a certificate of fitness by a vehicle inspector and the licensing officer is satisfied that the registration plates can be reissued to the owner of the vehicle . Any person who fails to comply with any provision of this section commits an offence and is liable on conviction to a fine of not less than five currency points and not exceeding thirty currency points. - 125 Verify source ↗
Use of motor vehicles - Access to care without regard to ability to pay
People involved in accidents must be given medical treatment at hospitals, clinics or other health facilities without proof of ability to pay until they are stabilised.
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 ] - 125 Verify source ↗
Use of motor vehicles - Custody or care of accident patients
A law enforcement officer may prevent an emergency medical service provider from entering an accident scene until the officer determines it is safe, and must permit the provider access to the patient to give emergency care before transport to hospital or health facility.
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. - 126 Verify source ↗
Use of motor vehicles - Riding in a dangerous position
Persons must not ride or be carried on unsafe positions of motor vehicles, trailers or engineering plant, except for testing or repairing; contravention is an offence punishable by a fine up to three hundred currency points or up to six months imprisonment or both.
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 ] - 127 Verify source ↗
Use of motor vehicles - Restriction on pillion riding
No more than one person besides the driver may be carried on a two-wheeled motorcycle, and any carried person must be on a proper seat; contravening this is an offence punishable by a fine of up to two hundred currency points or up to two years imprisonment, or both.
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 ] - 128 Verify source ↗
Use of motor vehicles - Obstructing driver of a motor vehicle, etc.
Prohibits people in motor vehicles, trailers or engineering plant from molesting or obstructing drivers while in motion, and from carrying passengers in numbers or positions likely to interfere with safe driving; contravention is an offence punishable by up to 100 currency points or up to one year imprisonment or both.
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 ] - 129 Verify source ↗
Use of motor vehicles - Causing damage to a motor vehicle
Any person must not throw objects at or place objects so as to impede motor vehicles, trailers or engineering plant in a way that might cause injury or damage; doing so is an offence.
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 ] - 130 Verify source ↗
Use of motor vehicles - Taking motor vehicle without owner’s consent
It is an offence for any person to take and drive away, or attempt to take and drive away, a motor vehicle, trailer or engineering plant without the owner’s consent; on conviction the person may be fined up to three hundred currency points or imprisoned up to six months or both.
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. Any police officer may arrest without warrant any person reasonably suspected by him or her of having committed or attempting to commit an offence under this section. In addition to any penalty specified in this section, the court may order that the convicted person shall pay to the owner of the motor vehicle , trailer or engineering plant such sum as represents fair compensation for any damage sustained by the owner of the motor vehicle , trailer or engineering plant . - 131 Verify source ↗
Use of motor vehicles - Regulations for purposes of Part VI
Regulations may be made under section 178 for various purposes concerning motor vehicles, including safety, construction and equipment, examinations and certificates of fitness, speed limits, and the regulation of drivers, conductors, baggage attendants, passengers, cyclists and pedestrians.
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 indicators and other instruments for giving notice of the approach, position or course of motor vehicles, trailers or engineering plant , or for assisting in their control; prescribing the kinds of them to be used on different classes of motor vehicles, trailers or engineering plant ; and prohibiting the use on any class of motor vehicle , trailer or engineering plant of any bell, alarm, reflector, direction indicator or other above-mentioned instrument of a kind that is not prescribed for use on that class of motor vehicle , trailer or engineering plant or of a kind that is prescribed for use on any other class of motor vehicle , trailer or engineering plant ; prescribing the maximum weight and maximum dimension of any motor vehicle , trailer or engineering plant , and any load on it that may be used on any road , the maximum weight that may be transmitted on the road surface by the wheel or wheels on any one axle of a motor vehicle , trailer or engineering plant and the maximum and minimum air pressure of the tyres of any motor vehicle , trailer or engineering plant ; providing for the periodical examination of motor vehicles, trailers and engineering plant and the issue of certificates of fitness; requiring any person who sells a motor vehicle , trailer or engineering plant intended to be used on the road to deliver to the purchaser at the time of the sale a current certificate of fitness issued within a specified time before the sale and certifying that the motor vehicle , trailer or engineering plant has been inspected in accordance with the regulations and complies with the requirements of the regulations concerning construction, equipment and condition of motor vehicles, trailers or engineering plant ; limiting the hours during which and regulating the conditions upon which any person may drive a public service vehicle ; fixing for the safety of the public or the better preservation of roads the maximum speed of motor vehicles, trailers or engineering plant or of specified classes of motor vehicles, trailers or engineering plant on any specified road or in any locality or throughout Uganda, or fixing maximum speeds of motor vehicles, trailers or engineering plant on specified classes of road ; prescribing the duties and regulating the conduct of persons using roads for any purpose and, in particular, of persons in charge of or riding in a motor vehicle , trailer or engineering plant on roads and of persons in charge of or driving or leading animals on roads; prescribing the construction and equipment and testing of bicycles and regulating their use on roads; regulating the control of pedestrians on roads; making provision for ensuring adequate safety for cyclists and pedestrians and persons with inability and disability on the road and, in particular, the provision of rack or rump for storage of support equipment used by persons with a disability; prescribing the fees to be paid for any certificate of fitness issued under this Part of this Act; generally regulating traffic of all classes, whether vehicular, pedestrian, animal or otherwise, and prohibiting traffic or any class of traffic, either absolutely or conditionally, on any specified road ; providing for use of speed controlling and measuring devices, portable or other weighbridges, brake testing devices, vehicle lights testing devices, camera records, tyre checking equipment and the construction, type or standard of any such equipment; generally regulating the use of motor vehicles, trailers or engineering plant and prescribing the conditions upon which they may be used; and prescribing anything to be prescribed under this Part of this Act.
Part VI
Safer vehicles
- 131 Verify source ↗
Safer vehicles - Standards for safety and environmentally compliant motor vehicles, trailers and engineering plants
The Minister may, by statutory instrument, set safe and environmentally friendly vehicle standards for motor vehicles, trailers and engineering plants; when doing so the Minister may incorporate international best practices and standards and consult any relevant stakeholder.
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 ] - 131 Verify source ↗
Safer vehicles - Procedures for testing motor vehicles
The Minister may, by statutory instrument, prescribe procedures and arrangements to determine whether motor vehicles, trailers or engineering plants comply with the Act.
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 ] - 131 Verify source ↗
Safer vehicles - Modification of motor vehicles
Persons must not modify a chassis of a motor vehicle, trailer or engineering plant without prior written permission of the chassis manufacturer; those who wish to modify must apply to the chief licensing officer as prescribed by regulations; the Minister may make regulations in consultation with the chief licensing officer.
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 ] - 131 Verify source ↗
Safer vehicles - Importation and supply of motor vehicles
A person must not import or sell motor vehicles, trailers or engineering plant in Uganda unless they comply with standards issued by the Uganda National Bureau of Standards in consultation with the Minister; a person may supply a motor vehicle with the Minister's written approval under prescribed conditions.
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 ] - 131 Verify source ↗
Safer vehicles - Importation and supply of used motor vehicles
Supplying a used imported vehicle that does not meet prescribed standards, lacks a used import plate, or is not authorised is an offence; the Minister may, by regulations, prescribe a maximum import age; penalty on conviction is a fine up to one hundred currency points or imprisonment up to five years or both.
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 ] - 131 Verify source ↗
Safer vehicles - Importation of vehicles requiring modification
A person may import a non-standard motor vehicle, trailer or engineering plant for modification if they have the written approval of the chief licensing officer and comply with terms and conditions the chief licensing officer sets.
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 ] - 131 Verify source ↗
Safer vehicles - Use of vintage, specialist and enthusiast vehicles
The Minister may make regulations for the use of vintage, specialist or enthusiast motor vehicles and must keep a register of all such motor vehicles; regulations may specify register form, procedures for application and registration, entry criteria, inspection and removal procedures, and other necessary matters.
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. - 131 Verify source ↗
Safer vehicles - Periodic inspection of motor vehicles for environmental and road safety compliance
All motor vehicles must be inspected periodically for environmental and road safety compliance; public service vehicles every after one year and other motor vehicles every after two years.
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 ]
Part VII
Control of traffic
- 132 Verify source ↗
Control of traffic - ***
Section 132 was repealed by section 79(3) of Act 16 of 2019.
Section *** Section [section 132 repealed by section 79(3) of Act 16 of 2019 ] - 133 Verify source ↗
Control of traffic - ***
Section 133 was repealed by section 79(3) of Act 16 of 2019.
Section *** Section [section 133 repealed by section 79(3) of Act 16 of 2019 ] - 134 Verify source ↗
Control of traffic - Permits for herds, funeral procession or parade
Permits from the Inspector General of Police are required for herds over fifty animals and for processions (except funeral or wedding) of two hundred or more persons or fifty or more vehicles; persons in charge of domestic animals must keep them under proper control or face an offence and a fine not exceeding ten currency points.
Section Permits for herds, funeral procession or parade Section No herd exceeding fifty animals and no procession other than a funeral or wedding procession or parade containing two hundred or more persons or fifty or more vehicles, excepting military vehicles of the armed forces or vehicles of the police force, shall occupy, march or proceed along any road or street except in accordance with a permit issued by the Inspector General of Police, and subject to such conditions as may be specified on the permit. Any person in charge of any cattle, dog or other domestic animal who, on any road or in any public place, fails to keep it or them under proper control, or allows it or them to become a danger or annoyance to the public, commits an offence and is liable on conviction to a fine not exceeding ten currency points. [subsection (2) amended by section 71 of Act 6 of 2020 ] - 135 Verify source ↗
Control of traffic - ***
Section 135 was repealed by section 72 of Act 6 of 2020.
Section *** Section [section 135 repealed by section 72 of Act 6 of 2020 ] - 136 Verify source ↗
Control of traffic - Closure of road
The Minister may, by statutory order, close any road or part of a road to certain vehicles for a period specified in the order.
Section Closure of road Section The Minister may, by statutory order, 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. - 137 Verify source ↗
Control of traffic - Restriction of traffic on road
The Minister may, by statutory order, restrict use of a road or part of it to specified classes of vehicles or plant for a specified period.
Section Restriction of traffic on road Section The Minister may, by statutory order, restrict the use of a road or any part of the road to such classes or descriptions of motor vehicles, trailers or engineering plant and for such period as may be specified in the order. - 138 Verify source ↗
Control of traffic - One-way traffic
The Minister may, by statutory order, restrict the use of a road to one-way traffic for such period as may be specified in the order.
Section One-way traffic Section The Minister may, by statutory order, restrict the use of a road to one-way traffic for such period as may be specified in the order. - 139 Verify source ↗
Control of traffic - ***
Section 139 is repealed by section 79(3) of Act 16 of 2019.
Section *** Section [section 139 repealed by section 79(3) of Act 16 of 2019 ] - 140 Verify source ↗
Control of traffic - ***
Section 140 repealed by section 79(3) of Act 16 of 2019.
Section *** Section [section 140 repealed by section 79(3) of Act 16 of 2019 ] - 141 Verify source ↗
Control of traffic - Regulations for purposes of Part VII
Regulations may be made under section 178 for specified purposes including erection and maintenance of signs, prescribing the details and materials of signs and road markings, classification of roads by suitability for vehicle types, provision and control of pedestrian crossings, control and maintenance of road works, provision and control of parking places (including parking meters), prescribing matters under this Part of the Act, and generally for the control of traffic on roads.
Section Regulations for purposes of Part VII Section Regulations may be made under section 178 for all or any of the following purposes— the erection and maintenance of uniform signs, lights and notices and the making of and maintenance of road markings for the guidance, direction and use of persons using roads; prescribing the size, colour, design, dimensions and other details of signs, lights, notices and other road markings, the materials of which they are to be made and the manner in which they are to be erected, made and maintained; the classification of roads with reference to their suitability for use by different classes of motor vehicles, trailers or engineering plant ; the provision and control of, and prescribing the form of, pedestrian crossings; the control of road works and the maintenance of road works; providing for car parks, bus parks and parking places, their control and the provision of parking meters at parking places; prescribing anything to be prescribed under this Part of this Act; and generally for the control of traffic on roads.
Part X
Miscellaneous
- 171 Verify source ↗
Miscellaneous - Persons propelling pushcarts or riding animals, etc.
People pushing pushcarts, or riding bicycles or animals, or driving animal-drawn vehicles on a road must be subject to this Act.
Section Persons propelling pushcarts or riding animals, etc. Section Every person propelling any pushcart, or riding a bicycle or animal upon a road or driving any animal drawn vehicle shall, mutatis mutandis , be subject to this Act. - 172 Verify source ↗
Miscellaneous - Restrictions on riding bicycles
Drivers must not carry more than one person over seven years old in addition to the driver on any bicycle, and any such passenger must sit on a securely fixed carrier or on a step fitted for a passenger.
Section Restrictions on riding bicycles Section Not more than one person over the age of seven years shall be carried in addition to the driver on any bicycle , nor shall any such one person be so carried otherwise than sitting on a carrier securely fixed to the bicycle or on a step especially fitted to carry a passenger. - 173 Verify source ↗
Miscellaneous - ***
Section 173 was repealed by section 79(3) of Act 16 of 2019.
Section *** Section [section 173 repealed by section 79(3) of Act 16 of 2019 ] - 174 Verify source ↗
Miscellaneous - Application of the Act to persons in the public service and vehicles of the Government
The Act applies to persons and to vehicles owned by or used in the service of the Government or any local authority, except where this Act or any other written law permits otherwise.
Section Application of the Act to persons in the public service and vehicles of the Government Section Except where otherwise permitted by this Act or by any other written law, this Act applies to persons in and vehicles owned by or used in the service of the Government or any local authority. - 175 Verify source ↗
Miscellaneous - Exemptions
The Minister may, by statutory order, grant exemptions (wholly or partially; unconditionally or subject to conditions) to persons or their vehicles from requirements of the Act.
Section Exemptions Section The Minister may, by statutory order, grant an exemption, either wholly or partially, and either unconditionally or upon conditions, to persons or to their vehicles from any of the requirements of this Act. - 176 Verify source ↗
Miscellaneous - General penalties for contravention
Specifies offences for contravening the Act, failing to obey police/traffic warden orders, and parents/guardians permitting children to contravene; each offence carries fines or imprisonment (specified maxima).
Section General penalties for contravention Section Every person who contravenes or does any act prohibited by this Act or who fails or omits to perform an act required by this Act the contravention or failure to comply with which is not made an offence under any other provisions of this Act or the regulations 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) amended by section 76(a) of Act 6 of 2020 ] Every person who wilfully fails or refuses to comply with any lawful order or direction of a police officer or traffic warden in uniform the failure to comply with which is not made an offence under any other provision of this Act 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. [subsection (2) amended by section 76(b) of Act 6 of 2020 ] Every parent or guardian who permits or authorises a child or ward under his or her care to do or perform anything prohibited by this Act 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. [subsection (3) amended by section 76(c) of Act 6 of 2020 ] - 177 Verify source ↗
Miscellaneous - Compensation
A court that convicts a person may order up to 50 percent of any fine paid by the convicted person to be paid to a person who suffered loss from the offence.
Section Compensation Section Any court which convicts any person of an offence under this Act may direct that an amount not exceeding 50 percent out of any fine paid by the convicted person be paid to any person who has suffered any loss as a result of the offence. - 178 Verify source ↗
Miscellaneous - General power to make regulations
The Minister may make regulations to give full effect to the Act and regulations may set penalties (including fines and imprisonment) and provide other detailed rules listed in the section.
Section General power to make regulations Section Without prejudice to the general effect of subsection (1), regulations may be made under this section for all or any of the following purposes— Regulations made under this section may, in relation to any contravention of the regulations — The Minister may make regulations for the purpose of giving full effect to the provisions of this Act. prescribing the manner of convening and the frequency of meetings of the council, the rules of procedure to apply at its meetings, the co-option of persons to the council and for the recording and keeping of minutes; providing for the establishment and procedure of committees of the council, for the co-option of any persons to those committees and for the payment of allowances to committee members; providing for the establishment, membership, procedure, functions and duties of local authorities or any other area road safety committees and for the co-option of persons or bodies to such committees; providing for the appointment and the remuneration of such persons as may be necessary for carrying out the provisions of this Act; providing for the inspection of motor vehicles, trailers or engineering plant for any purpose under this Act by any person other than the licensing officer and for the terms and conditions of such inspection; providing for the payment of Treasury grants to and the keeping of accounts by the council and authorising the council to receive gifts and to award prizes or any other incentives in cash or in kind; prescribing the wearing of safety belts by drivers and passengers of motor vehicles, the wearing of crash helmets by motorcyclists and the use of reflectors on any road ; regulating the use of mobile telephones in motor vehicles, trailers or engineering plant ; prescribing the conditions on which motor vehicles licensed outside Uganda may be used within Uganda and on which persons holding driving licences or permits issued outside Uganda may be allowed to drive within Uganda; [paragraph (j) repealed by section 79(3) of Act 16 of 2019 ] [paragraph (k) repealed by section 79(3) of Act 16 of 2019 ] prescribing anything required or authorised to be prescribed under this Act and otherwise providing for anything required or authorised to be provided for by regulations under this Act; and generally for better carrying out the purposes and provisions of this Act. prescribe any penalty not less than a fine of two currency points and not exceeding a fine of thirty currency points or imprisonment not exceeding two years, or both; prescribe a severer penalty in respect of a second or subsequent conviction of the same offence; in the case of a continuing offence, provide for the imposition of an additional penalty not exceeding a fine of ten currency points in respect of each day on which the offence continues; empower the court to forfeit anything used or involved in the commission of the contravention. - 179 Verify source ↗
Miscellaneous - Minister’s power to amend First Schedule
The Minister may amend the First Schedule by statutory instrument with Cabinet approval, and may amend the Second Schedule by statutory instrument.
Section Minister’s power to amend First Schedule Section The Minister may, by statutory instrument with the approval of the Cabinet, amend the First Schedule to this Act. The Minister may, by statutory instrument amend the Second Schedule to this Act. [subsection (2) added by section 77 of Act 6 of 2020 ] [section 179 amended by section 77 of Act 6 of 2020 ] - 180 Verify source ↗
Miscellaneous - Repeals and transitional provisions
Repeals the Traffic and Road Safety Act, 1970, and preserves existing statutory instruments, appointments, orders/directions, and licences under corresponding provisions of this Act until they are revoked, replaced, or expire.
Section Repeals and transitional provisions Section Notwithstanding subsection (1) — The Traffic and Road Safety Act, 1970, is repealed. any statutory instrument made under the enactment repealed by this Act and in force immediately before the commencement of this Act shall continue in force and be taken to have been made under the corresponding provisions of this Act until it is revoked; until new appointments are made under this Act any appointments made under the enactment repealed by this Act shall be taken to have been made under the corresponding provisions of this Act; any orders, directions or other acts lawfully done under any provision of the enactment repealed by this Act and in force immediately before the coming into force of this Act shall be taken to have been issued, made or done under the corresponding provisions of this Act and shall continue in force until they are revoked or cancelled; subject to section 14 , every licence issued under the enactment repealed by this Act and in force immediately before the commencement of this Act shall be taken to have been issued under the corresponding provisions of this Act and shall continue in force until it expires. This section shall have effect without prejudice to the general effect of sections 12 and 13 of the Interpretation Act.
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Traffic and Road Safety Act, 1998
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