Roads Act, 2019
The Act comes into force on the date of publication in the Gazette.
- Jurisdiction
- Uganda
- Instrument
- Act or statute
- Citation
- Act 16 of 2019
- Version
- 25 Sept 2019
- 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 the date of publication in the Gazette. States the Act's purposes, including reforming road law, managing and protecting road reserves, controlling axle loads, providing for toll roads and road tolls, access to public roads, and developing ferries and ferry landings. This section provides definitions and interpretation of terms used in the Act. The Minister may, by statutory instrument, classify or reclassify public roads for purposes of the Act; and when classifying or reclassifying under subsection (1) the Minister must be guided by the road's use, function or administrative criteria and must consult the Minister responsible for finance and the relevant road authority. Public roads in Uganda are classified into national, urban, district or community access roads; roads listed in Schedule 2 are declared public roads; the Minister may reclassify public roads taking certain factors into account.
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Legal text
Provisions of Roads Act, 2019
Showing 56 of 56
Part I
Preliminary
- 1 Verify source ↗
Preliminary - Commencement
The Act comes into force on the date of publication in the Gazette.
Section Commencement Section This Act shall come into force on the date of publication in the Gazette . - 2 Verify source ↗
Preliminary - Purpose of the Act
States the Act's purposes, including reforming road law, managing and protecting road reserves, controlling axle loads, providing for toll roads and road tolls, access to public roads, and developing ferries and ferry landings.
Section Purpose of the Act Section The purpose of this Act is— to reform the law relating to the development, management, classification, demarcation and safety of public roads and for the placing and maintenance of road furniture ; to provide for the declaration, management and protection of road reserves on public roads; to provide for the control of axle loads on public roads; to provide for the development and maintenance of toll roads and the imposition of road tolls on certain public roads; to provide for access to public roads; to create an environment that is conducive for the efficient and effective rehabilitation and maintenance of public roads; and to provide for the development and management of ferries and ferry landings. - 3 Verify source ↗
Preliminary - Interpretation
This section provides definitions and interpretation of terms used in the Act.
Section Interpretation Section In this Act, unless the context otherwise requires— “ abnormal load ” means a load, which by its nature is indivisible and the dimensions of which exceed the authorised dimensions of the vehicle on which it is loaded or on which it is to be loaded; “ access road ” means a public or private road affording access to a public road or to a highway; “ adjoining land ” means land over which an access road passes or is to pass; “ authorised officer ” means a person appointed under section 42 ; “ axle ” in relation to a vehicle , means a device or set of devices, whether continuous across the width of the vehicle or not, about which the wheels of the vehicle rotate and which is so placed that, when the vehicle is travelling straight ahead, the vertical centre lines of the wheels would be in one vertical plane at right angles to the longitudinal centre-line of the vehicle ; “ axle group ” in relation to a vehicle , means any number of axles which, for the purposes of transferring load to the road pavement, act in unison or together; “ axle load ” means the sum of the wheel weight loads of all wheels on any axle ; “ axle unit ” in relation to a vehicle , means a set of two or more parallel axles of the a vehicle which are so interconnected as to form a unit; “ awkward load ” means a load that is unstable in nature and which, although it is divisible, requires special equipment and safety precautions to offload; “ building line ” means an imaginary line prescribing the minimum distance of any building or proposed building from the boundary of a road reserve ; “ calibration ” means a set of operations that establish, under specified conditions, the relationship between values of quantities indicated by a measuring instrument or measuring system, or values represented by a material measure or reference material and the corresponding values realised by measurement standards; “ carriageway ” means a portion of a public road including the various traffic lanes and auxiliary lanes, but excludes shoulders; “ certification ” means the issuance of a written statement by a third-party, based on a decision following review, that products, processes, systems or persons have fulfilled specified requirements or standards; “ community access road ” means a road , path or track linking communities and villages to other classified roads and provides access to administrative, social and economic services; “ concessionaire ” means a private entity that invests in road infrastructure construction, operation, maintenance and rehabilitation and collects tolls to recover its investment; “ conventional tyre ” means a tyre fitted to a vehicle , the section width of which is between 280 mm and 315 mm; “ currency point ” has the value assigned to it in Schedule 1 to this Act; “ cycle way ” means a thoroughfare for bicycles and on which the use of moving and stationary vehicles is prohibited; “ dead man’s switch ” means a switch that is spring loaded and held “in” by the driver while the axle is in the lifted position and which, as soon as the driver takes his or her hand off the switch, returns to the pavement and takes up normal loading; “ demerit point system ” means a system that records penalty points to a transporter progressively when incidences of overloading occur, the aggregate of which is to determine the gravity and frequency of overloading; “ district road ” means a road which— (a) gives access for the rural population to district administration headquarters, important towns and trading centres and social amenities including hospitals and schools; (b) has low levels of motorised traffic within a rural area; and (c) is vital to the welfare and economy of rural populations, including communities living in the more remote regions; “ driver ” means any person who drives or guides, or is in actual physical control of a vehicle on a public road , and includes an operator of such vehicle ; “ emergency maintenance ” means maintenance needed to deal with emergencies and problems that require immediate action when a public road is blocked, damaged or destroyed; “ environment ” means the physical factors of the surroundings of human beings, including land, water, atmosphere, climate, sound, odour, taste, the biological factors of animals and plants and the social factor of aesthetics and includes both the natural and the built environment; “ expressway ” means a heavily trafficked, high speed and limited access road , which has a dual carriageway with grade separated junctions, and considered the highest grade of road and that may qualify for development using private sector financing; “ ferry landing ” means a specialised docking facility that receives a ferryboat; “ footway ” means a way or path for pedestrians, including a raised walk along the edge of a bridge and on which the use of moving or stationary vehicles is prohibited; “ gross vehicle weight ” in relation to a motor vehicle , means the maximum permissible weight of the a vehicle and its load under this Act; “ hazardous load ” means any load prescribed by the Minister by regulations to be capable of posing a risk to health, safety and property when transported along a public road ; “ heavy axle ” means an axle with more than two wheels; “ independent audit organisation ” means an organization approved by the Uganda National Bureau of Standards under the Uganda National Bureau of Standards Act to carry out audits of weighing stations and weighbridges; “ information and communications technology ” means the convergence of telecommunications, broadcasting, computers, storage and audio-visual systems in order to enable users to create, access, store, transmit and manipulate information; “ land owner ” means a person who owns land in accordance with the Land Act; “ legal load limit ” means the weight that may be borne by a single axle , an axle group , or all the axles of a vehicle as specified in Schedule 3 and Schedule 4 to this Act; “ liftable axle ” means a non-powered axle in an axle unit , which can be lifted independently, but which, by virtue of an automatic mechanism, must be lowered to the road pavement when the adjacent axle in the axle unit is loaded to the legal limit; “ Minister ” means the Minister responsible for roads; “ national road ” means a strategic road of national importance which— (a) links ports, airports and border posts to each other and to the Capital City; (b) links district headquarters to each other and to small towns; and (c) is vital for facilitating trade, commercial activities and national integration and the provision of administrative and social services; “ overload ” means an axle load , a load from a group of axles, or gross vehicle weight on a vehicle that exceeds the prescribed legal limit for the vehicle or for any particular part of public roads; “ overloaded vehicle ” means a vehicle that is detected by an authorised officer as overloaded, either with regard to the permissible maximum axle or axle unit weight or permissible maximum gross vehicle weight ; “ owner ” means any person who is registered as such in the log book or similar registration of a vehicle and includes, for any vehicle under a hire purchase agreement, any person in possession of the vehicle other than a financier, or any person who is registered as owner under a lien or security document; “ periodic maintenance ” means maintenance, required only at intervals of several years; “ private road ” means a road constructed by any person not being a road authority ; “ public road ” means a road specified in Schedule 2 to this Act and any road classified or reclassified by the Minister under section 13 as a public road and includes every carriageway over which the public has a right of way, express highway, footways on either side of the road, drains, ditches, embankments, ferries, bridges appertaining to the road, shoulders and all land not being private property, lying within the road reserve; “ right of way ” means the right to use a public road ; “ road ” means a highway and any other road to which the public have access and includes— (a) a bridge over which a road passes; (b) a ferry as declared by the Minister under the Ferries Act; or (c) a ship, as defined in the Inland Water Transport (Control) Act; “ road authority ” means— (a) in the case of a road maintained by the central government, the Uganda National Roads Authority; (b) in the case of a road maintained by a district local government or urban local government, the relevant local government; (c) in case of a road maintained by Kampala Capital City Authority, the Kampala Capital City Authority; and (d) a road authority appointed by the Minister under section 4 ; “ road construction ” means an activity undertaken to create a road , road pavement structure or road furniture ; “ road furniture ” means all fixtures on the road and within the road reserve that are intended to provide information or safety to a road user and includes traffic lights, sign posts, traffic signs, guardrails, marker posts, fences, reflectors and centre-line pads (cat’s eyes); “ road maintenance ” includes operations required to keep roads in good conditions and repair; “ road reserve ” means an area declared to be a road reserve under section 15 ; “ road side station ” means a facility along expressways, class A national roads and ferry landing sites and includes toilets, bathrooms, parking yards, restaurants, mini groceries, supermarkets, garages and resting centres; “ routine maintenance ” means maintenance, required continually on every road whatever its engineering characteristics or traffic volume; “ service road ” means a road that runs parallel to a highway and that provides access to the property bordering it; “ shadow toll ” means a payment structure where the road user does not pay a toll ; but the toll operator collects toll revenue from the road authority in proportion to the number of vehicles using the road ; “ super load ” means a load, which by its nature is indivisible and the weight of which exceeds the authorised weight of the vehicle on which it is to be loaded; “ super single tyre ” means a tyre fitted to a vehicle , the section width of which is equal to or greater than 385 mm; “ tandem axle ” means two axles suspended together with a spacing between the axles ranging from 1.2m to 2.5m and interconnected in such a manner that any load imposed upon them will automatically be distributed in proportions predetermined by the design of the suspension system, regardless of the load profile or road condition; “ transporter ” includes an owner and driver of a vehicle and every person acting as agent for the owner , or who is in possession or control of the vehicle ; “ toll ” means a charge levied on a vehicle using a toll road ; “ toll operator ” means an authority or private entity responsible for collection of road tolls, and may be involved in the construction, operation, maintenance and rehabilitation of the toll road ; “ toll road ” means the whole length or portion of a national, district, urban or community access road , declared by the Minster under section 7 (1) or established and maintained by a road authority under section 7 (4), where tolls are levied and collected from vehicles using the road; “ toll station ” means a structure on a toll road where a toll is payable under this Act or any electrical or mechanical device on a toll road for recording the liability to pay a toll or any combination of such structure or device; “ track ” means a path or road for bicycles but not for motor vehicles; “ traffic sign ” means any object or device, whether fixed or portable, for conveying of traffic warnings, information, requirements, restrictions or prohibitions of any description and includes any line or mark on a national road for conveying warnings, information, requirements, restrictions or prohibitions; “ transporter ” includes an owner and a driver of a vehicle and every person acting as agent for the owner , or who is in possession or control of the vehicle ; “ tridem axle ” means three axles suspended together with a spacing between the axles from 1.2m to 2.5m, and interconnected in a manner that any load imposed upon them will automatically be distributed in proportions predetermined by the design of the suspension system regardless of the road profile or road condition; “ unstable load ” means a load on a vehicle which could shift or oscillate within the vehicle when the vehicle is moving or stationary; “ urban road ” means a road within the boundaries of an urban council and which does not form part of a national road ; “ vehicle ” means any conveyance or structure which is designed to be propelled or drawn on land, including a trailer, machine or implement of any kind drawn or propelled along a public road whether by animal, mechanical, electrical or any other motive power; “ verification ” means the process of examining, testing, marking and issuing of certificates that ascertain and confirm that the measuring instrument complies with the statutory requirements or approved standards; “ weighbridge ” means a machine for weighing vehicles under this Act, and includes all its associated peripherals and software; “ weighbridge operator ” means any person, including an authorised officer , and a person acting under his or her authority who manages and operates weighbridge equipment or performs vehicle load control under this Act; “ weighing station ” means a check point or installation along a public road for weighing vehicles and includes all facilities found in it.
Part III
Classification of public roads and declaration of road reserves
- 13 Verify source ↗
Classification of public roads and declaration of road reserves - Classification and reclassification of roads
The Minister may, by statutory instrument, classify or reclassify public roads for purposes of the Act; and when classifying or reclassifying under subsection (1) the Minister must be guided by the road's use, function or administrative criteria and must consult the Minister responsible for finance and the relevant road authority.
Section Classification and reclassification of roads Section In classifying or reclassifying a road under subsection (1), the Minister shall— The Minister may, by statutory instrument, classify or reclassify public roads for purposes of this Act. be guided by the use, function or administrative criteria of the road ; and consult the Minister responsible for finance and the relevant road authority . - 14 Verify source ↗
Classification of public roads and declaration of road reserves - Classes of public roads
Public roads in Uganda are classified into national, urban, district or community access roads; roads listed in Schedule 2 are declared public roads; the Minister may reclassify public roads taking certain factors into account.
Section Classes of public roads Section Notwithstanding section 13 , all public roads in Uganda are classified as national roads, urban roads, district roads or community access roads under this Act. Every road set out in Schedule 2 to this Act is declared a public road for purposes of this Act. The Minister may, taking into account any developments, declaration, public interest, road closure, diversion, turning or enlargement relating to a public road under this Act, reclassify public roads. - 15 Verify source ↗
Classification of public roads and declaration of road reserves - Declaration of road reserves
The Minister may declare road reserves (by statutory instrument) and set different widths; a road authority must demarcate and mark road reserve boundaries on public roads using trees, pegs or other markings approved by the Minister.
Section Declaration of road reserves Section The Minister may, by statutory instrument, declare a road reserve on any land acquired by a road authority for purposes of road construction . The Minister may declare and gazette different widths of road reserves for different classes of roads. A road authority shall clearly demarcate and mark the boundaries of a road reserve on every public road under its jurisdiction using trees, pegs or any other marking approved by the Minister . - 16 Verify source ↗
Classification of public roads and declaration of road reserves - Road reserves to be kept clear
A road reserve declared under section 15 shall be used exclusively for development and expansion of public roads or other road-related activities.
Section Road reserves to be kept clear Section Notwithstanding subsection (1), a road authority may— A person authorised to use a road reserve under this section whose activity causes or is likely to cause damage to the road , road furniture or the surrounding environment shall— A road reserve declared under section 15 , shall be used exclusively for the development and expansion of public roads or for other road related activities. plant trees and other vegetation in a road reserve ; in writing, authorise any person or authority to use a road reserve for any approved activity including the placing of public lighting, advertisements, pipelines, telephone lines, electric supplies, optic fibre cables and posts, drains, sewers, mains and other utilities. The authorisation to use a road reserve under subsection (2) shall only be granted where the use does not hinder further use and development of the road reserve by a road authority . Subject to subsection (5), where a road authority requires a road reserve occupied by a person authorised under subsection (2) for road expansion, development, maintenance or other road related activity, the person authorised to use the road reserve shall remove the utilities or developments and restore the area to as near as possible to its original state or repair any damage as determined by the road authority in accordance with subsection (7). The cost of removing developments from a public road and restoration of the area under subsection (4) shall be at the cost of the person authorised under subsection (2) without any compensation from the relevant road authority . Where a road authority requires to use a road reserve , the road authority shall notify the person authorised to use the road reserve not later than ninety days or such other shorter period as a road authority may specify in the notice before the commencement of road works in the respective road reserve . where damage is done to the road furniture or road , restore the damaged road furniture or fund the restoration of the road section to its original state and condition in accordance with the road technical specifications and standards issued by the Minister ; and where the damage is done to the surrounding environment of the road reserve , restore the environment to its previous state and condition in accordance with the National Environment Act, 2019. A person who constructs any structure in or on a road reserve or uses a road reserve without authorisation under this section is not entitled to any compensation for the structure or use and shall remove the structure or cease the use of the road reserve at his or her cost. - 17 Verify source ↗
Classification of public roads and declaration of road reserves - Power to prescribe building lines on public roads
The Minister may, after consulting the relevant road authority and by statutory instrument, prescribe building lines and distances from the road centre where buildings may not be erected; road authorities must advise the Minister if a building line is no longer necessary; certain utility undertakers retain the right to excavate for apparatus.
Section Power to prescribe building lines on public roads Section The Minister may, in consultation with the relevant road authority , by statutory instrument, prescribe— the building line in which buildings shall be erected along a road , taking into account the Physical Planning Act, 2010; and the distance from the centre of the road within which no building shall be erected in a local government or area. Where a building line is prescribed under this section in relation to an existing road , no new building, other than a boundary wall or fence, shall be erected and no permanent excavation below the level of the road shall be close to the centre line of the road than the building line , except with the consent of the relevant road authority subject to such conditions as the road authority deems fit. The prohibition imposed under subsection (2) shall not affect the right of any railway, bus rapid transit, electricity, water or sewerage undertakers to make an excavation for the purpose of laying, altering, maintaining or renewing any main, sewer, pipe, electric line, duct or other apparatus. A condition imposed by a road authority in giving consent under subsection (2) shall be binding on the successor in title to every owner , and on every lessee and occupier of any land to which it relates. Where, in the opinion of a road authority , a building line prescribed under this section, or any part of a building line , is no longer necessary or desirable, the road authority shall advise the Minister to remove the building line .
Part IV
Execution of road works
- 18 Verify source ↗
Execution of road works - Plans for public roads
Each road authority must, in consultation with the Minister, prepare a plan and survey the public road under its management; the authority may amend that plan or survey from time to time to account for deviations or alterations.
Section Plans for public roads Section Each road authority shall, in consultation with the Minister , prepare a plan and survey the public road under its management and may, from time to time, amend the plan or survey to take into account any deviation or alteration made on any existing public road . - 19 Verify source ↗
Execution of road works - Execution of road works
A road authority must ensure road works and ferry landings use innovative technologies for cost effectiveness and must comply with applicable laws; programmes with road components developed by a government ministry, department or agency must implement those components in collaboration with the ministry responsible for roads and the relevant road authority; execution of road works and road projects shall only be implemented by a designated road authority.
Section Execution of road works Section A road authority shall ensure that the execution of road works and ferry landings apply innovative technologies to achieve cost effectiveness and shall comply with all the applicable laws. The execution of road works and road projects shall only be implemented by a designated road authority . Where a Government ministry, department or agency develops programmes with a road development or maintenance component, the road development or maintenance component shall be implemented in collaboration with the ministry responsible for roads and the relevant road authority . - 20 Verify source ↗
Execution of road works - Notice of road construction
When a road authority determines there is need in the public interest to build or alter a road under the Act, the road authority must hold public meetings and publish a notice in a national newspaper showing the proposed road corridor's location and extent.
Section Notice of road construction Section Where it appears to a road authority that there is need, in the public interest, to construct a new road or to widen, deviate or re-align an existing road or access road under this Act, the road authority shall conduct public meetings and publish a notice in a newspaper of national circulation, showing the location and extent of the proposed road corridor. - 21 Verify source ↗
Execution of road works - Power to take materials for road construction
A road authority may acquire land and take materials (including water except from artificial dams, wells or boreholes) for road construction or maintenance, must consult owners before entry, must not take materials from structures or those on which owners expended labour or money, generally pays no compensation except as provided, and must compensate for damages and make safety and restoration arrangements.
Section Power to take materials for road construction Section A road authority may, subject to the Constitution and any other applicable law— acquire land owned by any person for purposes of this Act; excavate and take materials required for road construction or maintenance of a public road ; or with the consent of the owner , enter upon any land and take any material including water, other than water from an artificial dam, well or borehole, necessary for the construction, maintenance or repair of roads or proposed roads and for providing access roads and space for stockpiling; and no compensation shall be payable except as provided in this section. A road authority shall, before entering upon any land, consult the land owner to offer a suitable alternative, where possible. A road authority shall not take possession of materials on which the owner has expended money or labour, or material from any house, wall or other structure. Compensation shall not be paid for materials or quarries located within a road reserve . A road authority shall compensate the land owner for any damages caused to the land under this section. A road authority shall, when constructing an access road to a site of quarry, have the right to make openings in fences and shall secure the openings against stray livestock during the operations and properly restore the fences upon completion of the work. A road authority shall ensure that any quarry or other excavation used under this section is safe and secure. A road authority shall, after completion of the work, fill the excavated quarry. - 22 Verify source ↗
Execution of road works - Road maintenance
A road authority must be guided by technical and economic considerations when making decisions about maintenance of a public road.
Section Road maintenance Section The types of road maintenance to be carried out by a road authority include— A road authority shall, in making decisions for maintenance of a public road , be guided by technical and economic considerations. routine maintenance ; periodic maintenance ; emergency maintenance ; and any other type of maintenance as the road authority may determine. - 23 Verify source ↗
Execution of road works - Temporary traffic signs
Police officers and authorised persons may place temporary traffic signs during accidents or extraordinary circumstances; road authorities may place signs during road works; those officers/authorities must take measures to minimise traffic disruption.
Section Temporary traffic signs Section A police officer or any person acting under the authority or instruction of the Inspector General of Police may place on any road or on any structure on a public road , traffic signs of appropriate size, colour or type prescribed by the Minister by regulations indicating such prohibitions, restrictions or requirements relating to vehicular traffic as may be necessary or expedient to guide traffic in consequence of an accident or other unforeseen event or extraordinary circumstances. Notwithstanding subsection (1), a road authority may place traffic signs in accordance with subsection (1) when engaged in works of maintenance, rehabilitation, construction or other road works in respect of the length of road being maintained or constructed. Traffic signs placed in accordance with this section shall be removed as soon as the circumstances or works on account of which they were placed have ceased to exist or have been completed, as the case may be. Notwithstanding subsections (1) and (2), a police officer or any person acting under the authority or instruction of the Inspector General of Police or a road authority shall take measures to ensure minimum disruption of traffic flow. - 24 Verify source ↗
Execution of road works - Removal of obstructions and encroachments
A road authority may give written notice to persons obstructing or encroaching on a public road to remove or abate the obstruction within a period specified in the notice; the authority may remove obstructions without prior notice at the responsible person's cost and may enter premises to remove and recover costs, and may issue guidelines to adjacent land owners.
Section Removal of obstructions and encroachments Section A road authority may give notice in writing to any person obstructing or encroaching on a public road or road reserve to remove or abate the obstruction or encroachment within a period specified in the notice. Notwithstanding subsection (1), a road authority may, without prior notice, remove an obstruction or encroachment on a public road or road reserve at the cost of the person responsible for the encroachment or obstruction. Where a person to whom a notice has been issued under subsection (1) fails to comply with the notice within the prescribed period, the road authority may cause the obstruction or encroachment to be removed or abated at the cost of the person who was issued with the notice. For the purposes of giving effect to subsection (3), a road authority may enter into any house, garden, enclosure or other premises and remove the obstruction or encroachment and recover the costs occasioned from the person failing to remove or abate the obstruction or encroachment. The road authorities may, for purposes of this section, issue guidelines to land owners adjacent to a public road for the use of verge treatments. - 25 Verify source ↗
Execution of road works - Ferries, pontoons and bridges
A road authority may construct and operate ferries or pontoons where necessary to facilitate crossings; such ferries or pontoons operated under subsection (1) must be operated in accordance with the Ferries Act; a road authority must construct bridges where necessary.
Section Ferries, pontoons and bridges Section A road authority may, where necessary, construct and operate any ferry or pontoon to facilitate the crossing of any lake, river or stream. Any ferry or pontoon operated under subsection (1) shall be operated in accordance with the Ferries Act. A road authority shall, where necessary, construct bridges over lakes, rivers and streams or under a railway line or inland waterways. The powers under subsection (3) shall be exercised in consultation with the relevant Government ministry, department or agency. - 26 Verify source ↗
Execution of road works - Power of road authority to make ditches
A road authority may make and keep open ditches, gutters, bridges or watercourses and may make and lay drains, culverts, tunnels or bridges as it deems necessary for draining or managing public roads, subject to the Constitution and other applicable law.
Section Power of road authority to make ditches Section Notwithstanding subsection (1), a drain, tunnel or culvert shall be constructed in a manner that— Subject to the Constitution and any other applicable law, a road authority may make and keep open any ditches, gutters, bridges or watercourses and may make and lay drains, culverts, tunnels or bridges as it deems necessary for the draining, reservation, improvement, repair or construction of any public road in and through any land or grounds adjacent or lying near the public road or road reserve . minimizes damage to the environment , adjacent land and other properties; is not dangerous to road users; and does not restrict access to property. - 27 Verify source ↗
Execution of road works - Power to undertake ancillary works
A road authority may carry out ancillary works to protect traffic and make road crossings safer, including constructing and maintaining carriageway works, lighting, refuges, road markings, guardrails, crossings, reflectors, subways and overhead bridges.
Section Power to undertake ancillary works Section A road authority may, for the purpose of protecting traffic along any road from danger or making the crossing of any road less dangerous to pedestrians— A road authority may construct and maintain works in the carriageway — provide lighting, maintain, alter or remove places of refuge on the road ; provide road markings, guardrails, pelican crossings, cats eyes and reflectors; or construct, light, maintain, alter, remove or close subways or overhead bridges for the use of pedestrians. along any length of a public road for separating a part of the road which is to be used by traffic moving in one direction from a part of the road which is to be used, whether at all times or at particular times, by traffic moving in another direction; at cross roads or other junctions for regulating the movement of traffic; or for providing places of refuge for the protection of pedestrians crossing the road . The power conferred upon a road authority by subsection (2) shall include power to light any works, to pave, plant grass, erect pillars, walls, guardrails or other fences on, around or across the grass or part of the grass and plant ornamental or avenue trees, shrubs and other vegetation for ornamental purposes or in the interest of safety; and shall include the power to remove the road works. - 28 Verify source ↗
Execution of road works - Power to protect road works
A road authority may place materials on a public road and may allow them to remain during construction or maintenance or beforehand; where materials are placed, signs must be posted warning users at least forty five metres before the materials.
Section Power to protect road works Section A road authority may place stone, gravel, wood or other materials upon any public road and may allow the stone, gravel, wood or other materials to remain on the public road during the time the road is under construction or maintenance or for such a time before the construction or repairs are commenced. Where a road authority places materials on a public road under subsection (1), signs shall be appropriately posted warning road users, at least forty five metres before the place where the materials are located. - 29 Verify source ↗
Execution of road works - Existing utilities on public roads
Says that, notwithstanding any law regulating such matters, the construction, erecting, placing, maintaining or keeping on, over or under any public road of telephone lines, cables, pipelines, poles, wires, fixtures or attachments, or the construction etc. on, over or under any road of any object or thing (whether of the kinds mentioned), is addressed by this section.
Section Existing utilities on public roads Section Notwithstanding any law regulating— the construction, erecting, placing, maintaining or keeping on, over or under any public road of any telephone lines, cables, pipelines, electric poles, power or other poles, or any wires, fixtures or attachments; or the constructing, erecting, placing, maintaining or keeping on, over or under any road of any object or thing, whether or not of the kind mentioned under this section; - 30 Verify source ↗
Execution of road works - Protection of the environment
A road authority must, when carrying out its functions under this Act, comply with the National Environment Act, 2019 and regulations and guidelines made under it.
Section Protection of the environment Section A road authority shall, in carrying out its functions under this Act, comply with the National Environment Act, 2019 and with all regulations and guidelines made under that Act. - 31 Verify source ↗
Execution of road works - Environmental section for the road sector
The Minister must establish an environmental unit for the roads sector; that unit must carry out a set of environmental duties for the roads sector.
Section Environmental section for the road sector Section The environment unit referred to in subsection (1) shall— Subject to any law relating to the recruitment of persons in the public service, the Minister shall establish an environmental unit for the road sector within the ministry responsible for roads to mainstream cross cutting issues and ensure compliance with the environmental principles prescribed under the National Environment Act, 2019. advise the Minister on the production of a sustainable development strategy for the roads sector, including policies and plans for the implementation of the strategy; develop and regularly update, in consultation with the National Environment Management Authority, environmental codes and practices for road works; coordinate with the National Environment Management Authority in the development of environmental regulations and guidelines for the roads sector for the approval of the Minister ; disseminate information regarding environmental protection and management within the roads sector; assist the National Environment Management Authority to supervise and coordinate the implementation of the National Environment Act, 2019 in the roads sector; and mainstream cross-cutting and environmental issues into plans and projects in the roads sector. - 32 Verify source ↗
Execution of road works - Land conservation
The Minister may make regulations and guidelines, by statutory instrument and in consultation with the National Environment Management Authority, for land preservation and controlling soil erosion during construction and maintenance of public roads.
Section Land conservation Section The Minister may, in consultation with the National Environment Management Authority, by statutory instrument, make regulations and guidelines for land preservation and control of soil erosion during the construction and maintenance of public roads.
Part IX
Miscellaneous
- 77 Verify source ↗
Miscellaneous - Regulations
The Minister may make regulations by statutory instrument to implement the Act; regulations under this section may provide for many aspects of public roads and may prescribe fines and imprisonment for contraventions, including daily penalties for continuing contraventions and higher penalties for repeat contraventions.
Section Regulations Section Without prejudice to the general effect of subsection (1), regulations made under this section may provide for— Regulations made under this section may, in respect of any contravention of any of the regulations— The Minister may, by statutory instrument, make regulations for the better carrying into effect the purposes and intentions of this Act. the general control, use, management, survey, construction and maintenance of public roads and bridges; prevention of obstruction on public roads; the placement, removal, control, erection or modification of any structure or the control of carrying out of any works, on, under or over land within a public road , road reserve or ferry landing facility; placement and maintenance of road furniture ; management and control of road reserves; classification and reclassification of public roads; laying of railways, trolleys, tramways and other crossings on public roads; placement of utilities on public roads; fees; the imposition, collection, operation, management and maintenance of toll roads; securing safety on public roads; placement of advertisements and billboards on public roads; prohibiting activities that may cause damage to public roads; forms, permits and certificates or authorization required under this Act; the requirements and specification of access roads and the procedure for applications to construct, operate and maintain access roads; protection of the environment during road construction and maintenance; use of public roads by non-motorists; mainstreaming cross cutting and environmental issues in the road sector; administrative or procedural matters which are necessary to give effect to this Act; forfeiture of anything used in the commission of an offence under this Act; and any other matter which is necessary and expedient to give effect to this Act. prescribe a penalty of a fine not exceeding two hundred eighty eight currency points or imprisonment not exceeding twelve years, or both; in the case of a continuing contravention, prescribe an additional penalty not exceeding two thousand currency points in respect of each day on which the offence continues; and prescribe a higher penalty not exceeding three hundred sixty currency points or imprisonment not exceeding fifteen years or both in respect of a second or subsequent contravention. - 78 Verify source ↗
Miscellaneous - Amendment of Schedules
The Minister may amend Schedule 2 with the approval of Parliament by statutory instrument; the Minister may amend Schedules 1, 3, 4, 5 and 6 by statutory instrument.
Section Amendment of Schedules Section The Minister may, with the approval of Parliament, by statutory instrument, amend Schedule 2. The Minister may, by statutory instrument, amend Schedules 1, 3, 4, 5 and 6. - 79 Verify source ↗
Miscellaneous - Repeal and savings
This section repeals the Roads Act (Cap. 358), the Access to Roads Act (Cap. 350), specified sections of the Traffic and Road Safety Act (Cap. 361), and preserves certain statutory instruments made under those Acts insofar as they are not inconsistent with this Act until revoked under this Act.
Section Repeal and savings Section The Roads Act, Cap. 358 is repealed. The Access to Roads Act, Cap. 350 is repealed. Sections 120, 132, 133, 139, 140, 153, 154, 173 and 178 (j) and (k) of the Traffic and Road Safety Act Cap. 361 are repealed. Any statutory instrument made under the Roads Act, the Access to Roads Act, or the provisions of the Traffic and Road Safety Act repealed under subsections (1), (2) and (3) and in force immediately before the commencement of this Act shall remain in force, so far as it is not inconsistent with this Act, until it is revoked by a statutory instrument made under this Act.
Part V
Vehicle load control
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Vehicle load control - Application of Part V
A road authority must control maximum gross vehicle weights, axle loads and vehicle dimensions, and must impose speed limits and overloading fees for vehicle load control along public roads.
Section Application of Part V Section This Part applies to the implementation of vehicle load control along public roads. A road authority shall control the maximum gross vehicle weights, axle loads and dimensions of permitted vehicles and impose speed limits and overloading fees in accordance with this Part and regulations made under this Act.
Part VI
Road safety
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Road safety - Safety of road users
A road authority must put in place measures to ensure road user safety when designing, constructing, maintaining and operating public roads by providing pedestrian crossings, footways, overhead bridges and road signs as prescribed by regulations.
Section Safety of road users Section A road authority shall put in place measures to ensure the safety of road users during the design, construction, maintenance and operation of public roads by providing pedestrian crossings, footways, overhead bridges and road signs in a manner prescribed by regulations. - 49 Verify source ↗
Road safety - Pedestrian crossings
A road authority may cause pedestrian crossings and footways, in forms prescribed by regulations, to be placed across public roads at places the road authority determines; pedestrian crossings are presumed lawful in proceedings unless proven otherwise.
Section Pedestrian crossings Section A road authority may cause pedestrian crossings and footways in such form as may be prescribed by regulations to be placed across public roads at such places as the road authority may determine. In any proceedings under this Act, every pedestrian crossing shall be presumed to have been lawfully placed and to be in a lawful form until the contrary is proved. - 50 Verify source ↗
Road safety - Provision of footways and cycle ways
A road authority must, where necessary, provide footways and cycle ways for pedestrians and pedal cyclists, and grass or tracks for driven and ridden animals and agricultural machinery by the side of the road.
Section Provision of footways and cycle ways Section A road authority shall, where necessary— provide for the safety or accommodation of pedestrians and pedal cyclists, proper and sufficient footways and cycle ways by the side of the road ; and provide for grass or tracks by the side of the roads for the safety or accommodation of driven and ridden animals and agricultural machinery. - 51 Verify source ↗
Road safety - Road furniture
A road authority must ensure necessary road furniture is erected and maintained on its public roads as prescribed by regulations; road furniture must not dazzle or distract users; damaging, removing or obscuring road furniture is an offence punishable by up to 96 currency points or up to four years' imprisonment or both.
Section Road furniture Section A road authority shall ensure that the necessary road furniture is erected and maintained on public roads under its jurisdiction, in a manner prescribed by regulations. A road furniture erected and maintained by a road authority under subsection (1) shall not dazzle road users or distract their attention in a way prejudicial to traffic safety. A person who damages, removes or obscures road furniture commits an offence and is liable, on conviction, to a fine not exceeding ninety six currency points or imprisonment not exceeding four years, or both. The court may, in addition to any penalty imposed under subsection (3), require the person convicted of the offence to pay for the repair or replacement of the road furniture . - 52 Verify source ↗
Road safety - Speed limit
The Minister may set speed limits by regulations and may set temporary maximum speed limits by statutory order; a person who fails to comply with such a limit commits an offence liable to a fine (up to one hundred sixty eight currency points) or imprisonment (up to seven years).
Section Speed limit Section The Minister may, by regulations, prescribe the speed limits in respect of all public roads or sections of public roads. Notwithstanding the provisions of any other law, the Minister may, by statutory order, prescribe temporary maximum speed limits for motor vehicles, trailers or engineering plant of different classes or descriptions on any part of any road for such period as may be specified in the order. A person who fails to comply with a speed limit set under subsection (1) commits an offence and is liable, on conviction, to a fine not exceeding one hundred sixty eight currency points or imprisonment not exceeding seven years, or both. - 53 Verify source ↗
Road safety - Closure of road by Minister
The Minister may close any road or part of a road by legal notice in the Gazette.
Section Closure of road by Minister Section The Minister may, by legal notice in the Gazette , close any road or part of a road to all motor vehicles, trailers or engineering plant for such period as may be specified in the order. - 54 Verify source ↗
Road safety - Construction of special roads, restriction of traffic, deviations and rest areas
Gives road authorities powers to construct or maintain roads (including temporary deviations), requires notices and restoration, allows setting aside parking and levying charges, mandates roadside stations and rest areas on national roads, and creates an offence for misuse of restricted roads with fines or imprisonment.
Section Construction of special roads, restriction of traffic, deviations and rest areas Section A road authority may construct or maintain a public road or part of a public road restricted to— The road authority responsible for the national road network shall— the exclusive use of any special kinds of traffic, including pedestrians, ridden or driven animals; or traffic moving in one direction only. A road authority shall, before constructing or maintaining a road under subsection (1), put a notice a newspaper of national circulation. For the purpose of constructing, repairing or maintaining any public road within its jurisdiction, a road authority may, on giving prior notice to the land owner or occupier concerned, construct and maintain temporary deviations over any land adjacent to the road not being land occupied by buildings, orchards, gardens or other improvements, or land under cultivation; and no compensation shall be payable. Notwithstanding subsection (3), the powers conferred upon a road authority may be exercised over land under cultivation with the consent of the owner or occupier concerned and on payment to the owner or occupier of land appropriate compensation as may be agreed upon by a road authority and the owner or occupier of the land. Where any deviation has been constructed, the road authority shall, when the deviation has ceased to be required for the purpose for which it was constructed, restore and make good to the satisfaction of an environmental officer, the land over which the deviation was constructed. A road authority may, by notice in the Gazette , set aside parts of a road as parking place for all or any class of motor vehicles, trailers or engineering plant in accordance with regulations and standards issued by the Minister , and the road authority may levy charges for the designated parking places. A person who uses a restricted public road contrary to this section commits an offence and is liable, on conviction, to a fine not exceeding twenty four currency points or imprisonment not exceeding one year, or both. provide road side stations for road users on class A national road at every fifty kilometer interval or travel time of one hour, whichever comes first; and provide rest areas at every ferry landing site. - 55 Verify source ↗
Road safety - Closure of public road
A road authority may, in consultation with the Minister, close or restrict public roads for specified periods; failing to obey posted signs is an offence punishable by a fine of up to twenty four currency points or up to one year imprisonment, or both.
Section Closure of public road Section Notwithstanding section 53 , a road authority may where it considers that urgent action is required for the protection of the public or for the construction and maintenance of a public road, in consultation with the Minister, close any public road or part of a public road to all traffic or to any class or classes of traffic for a specified period. A road authority may, in consultation with the Minister , restrict any class or classes of traffic on any road or on part of any road for a specified temporary period or may prescribe the terms and conditions on which all traffic or any class or classes of traffic will be permitted on any road or part of any road for a specified period. Where a road authority closes a road under subsection (1), signs shall be posted restricting the use of the road . A person who does not comply with a sign posted under subsection (3) commits an offence and is liable, on conviction, to a fine not exceeding twenty four currency points or imprisonment not exceeding one year, or both. - 56 Verify source ↗
Road safety - Special parking places
A road authority may, by notice in the Gazette, set aside parts of roads as bus stops, taxicab stands, and loading zones for goods vehicles.
Section Special parking places Section A road authority may, by notice in the Gazette , set aside parts of roads as places for— bus stops; taxicab stands; and loading zones for goods vehicles. - 57 Verify source ↗
Road safety - Traffic signs
A road authority may cause prescribed traffic signs to be erected or marked on the ground at places specified in regulations.
Section Traffic signs Section A road authority may cause traffic signs of such kinds, designs, standards, material, size and colour as may be prescribed by the Minister by regulations, to be erected or marked on the ground at such places as may be specified in the regulations. In any proceedings under this Act, a traffic sign shall be presumed to be lawfully erected and of the lawful kind, design, standard, material, size and colour until the contrary is proved. No board or notice which might be confused with a traffic sign or other traffic device which might render it less visible or effective or might dazzle road users or distract their attention in a way prejudicial to traffic safety shall be erected on or near a road . - 58 Verify source ↗
Road safety - Broken-down or abandoned vehicles
Persons whose vehicles break down or are in an accident must remove the vehicle from the public road (within two hours in urban areas and six hours in rural areas); limited emergency repairs are allowed for up to those periods; failure to comply can lead to towing and criminal penalties.
Section Broken-down or abandoned vehicles Section A person whose vehicle breaks down or who is involved in a road accident on a public road shall remove the vehicle from the public road in accordance with this section. Subject to subsection (1), a vehicle which breaks down or which is involved in an accident in an urban area shall be removed from the public road within two hours from the time of the break down or accident. Subject to subsection (1), a vehicle which breaks down or which is involved in an accident in a rural area shall be removed from a public road within six hours from the time of the break down or accident. A person shall not repair a vehicle along a public road , except for emergency cases and the repair time shall not exceed a period of two hours in an urban area and six hours in a rural area. Repair of broken down vehicles or a vehicle involved in a road accident in emergency cases shall not be done in a manner that causes or is likely to cause danger, obstruction or undue inconvenience to other road users or cause damage to the road . A road authority or a police officer shall, after the two hours referred to in subsection (2), cause to be towed, a mechanically broken vehicle , to a yard at the nearest police station and the vehicle shall be removed by the owner or his or her representative after paying the cost of towing. A vehicle left unattended on a public road for two hours or more shall be considered to be abandoned unless, prior to the expiration of the two hours, the owner of the vehicle or his or her representative has notified a road authority or the police that the vehicle is to be parked for an extended period of time and the road authority or the police has permitted the owner of the vehicle to be parked for an extended time, subject to such conditions as the road authority or the police may deem necessary. Any person who repairs a vehicle along a road or leaves a vehicle unattended on a public road without authorisation from a road authority or the police commits an offence and is liable, on conviction, to a fine not exceeding ninety six currency points or imprisonment not exceeding four years, or both. A driver of a motor vehicle that has broken down or is involved in an accident shall provide adequate warnings, at a reasonable distance that does not cause or is likely to cause danger, obstruction or undue inconvenience to other road users and where the manner of parking is indicated by a sign post or marking on the road side, the driver shall park the vehicle or trailer in such a manner. A person who fails to provide a warning in accordance with subsection (9) commits an offence and is liable, on conviction, to a fine not exceeding forty eight currency points or imprisonment not exceeding two years, or both. A person shall not drive a motor vehicle on the shoulders, cycle ways, pedestrian crossing or footways of a public road . A person who contravenes subsection (11) commits an offence and is liable, on conviction, to a fine not exceeding forty eight currency points or imprisonment not exceeding two years, or both. A court convicting a person of an offence under subsection (12) may, in addition to any penalty imposed order the person to pay for the cost of repairing the damage caused to the public road . - 59 Verify source ↗
Road safety - Sale of abandoned vehicles
If a vehicle moved under subsection 58(6) is not claimed and removal/storage expenses are unpaid within two months, the police must publish a notice of intention to sell by auction in the Gazette and at least two national newspapers; the owner is entitled to any remaining balance after costs are paid.
Section Sale of abandoned vehicles Section The proceeds of any sale under subsection (2) shall be applied to— Where a motor vehicle , trailer or engineering plant moved under subsection 58 (6) is not claimed and the expenses of removal and storage are not paid by the owner or person having interest in the vehicle within two months from the date of removal, the police shall cause notice of the intention to sell the vehicle, trailer or engineering plant by auction to be published in the Gazette and in at least two newspaper of national circulation. Ninety days after the notice in subsection (1), the motor vehicle , trailer or engineering plant shall be sold by auction. the payment of costs and charges relating to the sale, including costs of advertisement; and payment of expenses for the removal and storage of the motor vehicle , trailer or engineering plant. The owner of the motor vehicle , trailer or engineering plant sold under subsection (2) shall be paid any balance that remains after the payments under subsection (3).
Part VII
Access to roads
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Access to roads - Control of points of access to public roads
The Minister may make regulations to control the number, location and design of points of access to public roads, in consultation with the relevant road authority; a road authority may construct service roads to limit access roads joining public roads.
Section Control of points of access to public roads Section The Minister may, in consultation with the relevant road authority , make regulations for the control of the number, location and design of points of access to public roads. A road authority may construct service roads for purposes of limiting the number of access roads joining public roads. - 61 Verify source ↗
Access to roads - Requirements and specification of access roads
The Minister must, by regulations, set requirements and specifications for access roads; a person must not create or use an entrance or gate opening onto an access road without written approval from a road authority; contravention is an offence punishable by a fine up to 120 currency points or up to five years imprisonment, or both.
Section Requirements and specification of access roads Section The Minister shall, by regulations, specify the requirements and specifications of access roads. Where a road or portion of a road or any land has been designated and acquired as an access road , a person shall not, without written approval from a road authority , construct, use, or allow the use of an entrance-way or gate which or part of which is connected with or open upon the access road . A person who contravenes this section commits an offence and is liable, on conviction, to a fine not exceeding one hundred twenty currency points or imprisonment not exceeding five years, or both. - 62 Verify source ↗
Access to roads - Application for leave to construct access road through private property
If a landowner cannot obtain consent from adjoining landowners to build an access road to a public road, they may apply to the Minister for leave; the Minister may grant leave (in consultation with the road authority) and must ensure the applicant compensates the adjoining landowner before granting leave.
Section Application for leave to construct access road through private property Section Where the owner of any land is unable, through negotiations, to obtain leave from adjoining landowners to construct an access road to a public road , he or she may apply to the Minister for leave to construct an access road over any land lying between his or her land and the public road . The Minister may, in consultation with the relevant road authority , grant leave to construct an access road . The Minister shall, before granting leave to construct an access road under subsection (2), ensure that an applicant compensates the adjoining landowner. An application under subsection (1) shall be in a manner prescribed by regulations.
Part VIII
Offences and penalties
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Offences and penalties - Destroying roads
Prohibits a person from destroying, damaging, littering, spilling, causing to spill, placing or burning substances on public roads and related road structures.
Section Destroying roads Section A person who— destroys, pulls up, defaces, breaks or damages milestones, culverts, road furniture , dams, bridges or pavements; litters a public road ; spills oil on a public road , bridge, ferry or pontoon; causes storm water or sewage to spill on a public road ; or places or burns on a public road , any substance that can damage the public road , bridge, ferry or pontoon; - 64 Verify source ↗
Offences and penalties - Obstructions on roads
Prohibits persons from causing obstructions on public roads; allows road authorities to remove obstructions and recover removal and repair costs from the person who caused the obstruction.
Section Obstructions on roads Section A person who— turns or permits to be turned loose or slaughters, any animal on a public road ; tethers or causes to be tethered any animal in, upon or near a public road so that the animal causes obstruction or inconvenience to passersby, unless the animal is so tethered during the time required for loading or unloading of the animal on or from any vehicle to which the animal may belong; places or throws any stones, broken bottles, solid waste, garbage, bricks, sand, nails, lime, dung or rubbish on a public road , and allows the same to remain on the public road except for purposes of implementation of any provision of this Act; leaves, places or negligently allows any timber, stones or other material to fall on or over a public road so as to obstruct the road or endanger persons using the road or deposits rubbish, debris or other material; gaseous, liquid or solid on the public road ; places or mixes construction materials on a public road ; places an obstruction in a drain, gutter, sluice or watercourse on a public road ; encroaches on a public road by making or causing to be made on the public road , without proper authority, any building, temporary kiosk, platform, hedge, ditch or fence or other obstruction; prevents by a dam or obstruction, water flowing from a public road onto the adjoining land , whether or not he or she is the owner or occupant of such land; causes water to flow over a public road ; dries any food on a public road ; or in any way prevents any person or any vehicle from passing along a public road , The cost of removing any obstruction or dam and of repairing any damage caused by actions referred to under subsection (1) shall be recovered by the relevant road authority from the person causing the obstruction. A road authority or any person authorized by a road authority may remove or demolish an obstruction or dam referred to under subsection (1). - 65 Verify source ↗
Offences and penalties - Interferences on public roads
Creates offences for various interferences with public roads and allows penalties and remedial notices.
Section Interferences on public roads Section A person commits an offence who— A road authority shall give notice in writing to a person who has committed an offence under subsection (1) requiring him or her to— constructs, erects or commences to construct or erect any building, billboard, unauthorised road sign or erection in contravention of this Act or which interferes in any way with the proper function of any cutting, ditch or culvert constructed in connection with a public road ; plants or permits any tree or permanent crop to grow within a road reserve in contravention of this Act, or which interferes in any way with the proper function of any cutting, ditch or culvert constructed in connection with a public road ; or connects with a road , any cattle path, cycle track , service road or entrance or means of access to a dwelling or to any other premises or place which interferes in any way with the proper function of any cutting, ditch or culvert constructed in connection with a road or which in the opinion of the road authority is likely to be dangerous to persons or vehicles using the public road ; encroaches on any road or road reserve by making or erecting any building fence, billboard or signage, temporary kiosk, ditch or other obstacle; carries out a business activity on the shoulder of a public road , road sidewalk or road reserve without authorization from a road authority ; leaves, places or negligently allows to fall on or over a public road , any timber, stones or other material so as to obstruct the road or endanger persons using the road ; or deposits rubbish, debris or other material on the road ; intentionally or negligently damages, in any way, any part of a public road ; fills or obstructs any ditch or drain made to carry water off a public road , whether on the road or elsewhere, by making dams, ditches, drains or other works, causes flooding of any public road or by driving plant or equipment with chains on a public road ; or causes or allows any timber, sledge, plough or other heavy material or thing, not being wholly raised above the ground on wheels, to be moved along or across a public road . A person who commits an offence under subsection (1) is liable, on conviction, to a fine not exceeding one hundred sixty eight currency points or imprisonment not exceeding seven years, or both. pull down or remove the building or erection; cut down or uproot the tree or crops; or alter or repair the cattle path, cycle track , service road or entrance or means of access. The court may, in addition to any penalty imposed under subsection (1), order the person to pay an additional fine of not exceeding one hundred currency points for every day during which the offence continues. - 66 Verify source ↗
Offences and penalties - Stopping or clogging drains or watercourses
A person shall not deposit or cause sewage, refuse, garbage, rubbish or other matter to flow onto or into public roads, drains, gutters, sluices or watercourses; breach is an offence punishable by a fine up to forty eight currency points or up to two years imprisonment, or both.
Section Stopping or clogging drains or watercourses Section A person shall not— deposit any sewage, refuse, rubbish or other material on the road or in any drain, gutter, sluice or watercourse on any public road ; or cause or permit any sewage, refuse, garbage, rubbish or other matter to discharge or flow upon a public road or into any drain, gutter, sluice or watercourse on a public road . A person who contravenes subsection (1) commits an offence and is liable, on conviction, to a fine not exceeding forty eight currency points or imprisonment not exceeding two years, or both. - 67 Verify source ↗
Offences and penalties - Nuisance on roads
Prohibits a person on any public road from making noise, playing games that annoy or endanger road users, pitching stalls or fires without road authority permission, or placing themselves so as to endanger or inconvenience traffic.
Section Nuisance on roads Section A person who, on any public road — makes or causes noise pollution; plays any game to the annoyance or danger of persons using the public road ; pitches any tent, booth or stall without the permission of a road authority ; makes any fire without permission of a road authority ; or places himself or herself in a road in such a manner as to cause danger or inconvenience to traffic, - 68 Verify source ↗
Offences and penalties - Failure to comply with road signs
A person who fails to comply with a road sign posted by a road authority or the police restricting the use of a public road commits an offence and is liable on conviction to a fine not exceeding twenty four currency points or imprisonment not exceeding one year, or both.
Section Failure to comply with road signs Section A person who fails to comply with a road sign posted by a road authority or the police restricting the use of a public road under this Act commits an offence and is liable, on conviction, to a fine not exceeding twenty four currency points or imprisonment not exceeding one year, or both. - 69 Verify source ↗
Offences and penalties - Failure to comply with the building line requirements
A person who contravenes section 17 or a related condition commits an offence and is liable on conviction to a fine up to one hundred sixty eight currency points or imprisonment up to seven years, and for continuing offences an additional fine up to two thousand currency points per day.
Section Failure to comply with the building line requirements Section A person who contravenes section 17 or any condition imposed in connection with the giving of a consent under section 17 , commits an offence and is liable, on conviction to a fine not exceeding one hundred sixty eight currency points or imprisonment not exceeding seven years or both; and in case of a continuing offence, is liable to an additional fine not exceeding two thousand currency points for each day on which the offence continues. - 70 Verify source ↗
Offences and penalties - Offences relating to road tolls
The section creates offences for improperly passing through toll stations, refusing to stop to pay tolls, collecting illegal tolls, and pedestrians entering or crossing toll roads; it also requires removal of vehicles parked for over an hour and retention of driving permits until fines are paid.
Section Offences relating to road tolls Section A person who— drives a vehicle through a toll station , except by a route designated for the passage of the vehicle ; refuses to stop a vehicle at a toll station to pay a toll ; or fraudulently or forcibly drives a vehicle through a toll station without paying a toll , A person who levies or collects illegal tolls commits an offence and is liable, on conviction, to a fine not exceeding twelve currency points or imprisonment not exceeding six months, or both. Where for any reason, a vehicle is parked on a toll road for more than one hour, the road authority or toll operator shall remove the vehicle , and the driver or the owner of the vehicle , shall pay the cost of removing, parking and where applicable, the cost of maintaining the road . A pedestrian who enters the boundary of or crosses a toll road commits an offence and is liable, on conviction, to a fine not exceeding twelve currency points or imprisonment not exceeding six months, or both. The road authority or toll operator shall retain the driving permit of a driver who commits an offence under this section, until the fine imposed has been paid. - 71 Verify source ↗
Offences and penalties - Offences relating to axle loads
A person (including transporters, weighbridge operators or authorised persons) commits offences such as bypassing, absconding or evading a weighbridge; transporting loads specified under section 38 or by the Minister without a special permit; failing to comply with special permit terms; obstructing or failing to assist authorised officers; causing damage to or tampering with weighbridges or weighing equipment; forging or misrepresenting weighing certificates or permits; operating vehicles or equipment that affect weight; providing false information; soliciting or giving payments or rewards to authorised officers; entering agreements to induce officers to act contrary to this Act; or conspiring to contravene the Act. A person convicted of an offence under this section is liable to a fine not exceeding seventy two currency points or imprisonment not exceeding three years, or both.
Section Offences relating to axle loads Section A person commits an offence under this Act if that person— A weighbridge operator or an authorised person commits an offence if he or she— being a transporter , bypasses, absconds or evades a weighbridge or weighing station ; transports any load specified under section 38 or such other load specified by the Minister by regulations, without a special permit; fails to comply with any terms and conditions of the special permit for carrying any load specified under section 38 ; obstructs an authorised officer in the discharge of his or her duties; fails to comply with any request, demand, requirement or order properly made or given to him or her by an authorised officer in accordance with this Act; without reasonable cause, fails to give to an authorised officer any assistance or information which the authorised officer may reasonably require of that person for the purpose of the performance of the duties of the authorised officer under this Act; causes damage to any weighbridge , or weigh station, or to any weighing equipment or installation; tampers with, distorts, forges or misrepresents any weighing certificate, special permit or any other record given under this Act; operates a vehicle with a defective suspension, dead man’s switch or other mechanism in the vehicle that affects the weight of the vehicle ; wilfully provides false information to an authorised officer ; directly or indirectly offers or gives to an authorised officer or any other person, any payment or reward, whether pecuniary or otherwise, or any promise or security for any such payment or reward; proposes or enters into any agreement with an authorised officer or any other officer, in order to induce him or her to do, abstain from doing, permit, conceal, or connive at, any act or thing, whereby the relevant roads authority is or may be defrauded, or which is contrary to this Act or to the proper execution of the duty of such officer; or conspires with another person or persons to contravene any of the provisions of this Act. A person who commits an offence under subsection (1) is liable, on conviction, to a fine not exceeding seventy two currency points or imprisonment not exceeding three years, or both. directly or indirectly solicits for, or takes, in connection with any of his or her duties, any payment or other reward, whether pecuniary or otherwise, or any promise or security for any such payment or reward, not being a payment or reward which he or she is lawfully entitled to claim or receive; enters into or acquiesces in any agreement to do, abstain from doing, permit, conceal, or connive at, any act or thing which is contrary to this Act or the proper execution of his or her duty; or wilfully operates a faulty weighbridge or weigh station, tampers with or in any other way interferes with the operation of a weighbridge , weigh station or any machine or installation at a weighbridge or weigh station. A person who commits an offence under subsection (3) is liable, on conviction, to a fine not exceeding seventy two currency points or imprisonment not exceeding three years, or both. A person who aids, abets, counsels or authorises the commission of an offence under this section shall be deemed to have committed the offence and is liable to the penalty prescribed for the offence. - 72 Verify source ↗
Offences and penalties - Obstruction of officers
A person who resists, obstructs, hinders or molests any person acting under the authority of this Act commits an offence.
Section Obstruction of officers Section A person who resists, obstructs, hinders or molests any person acting under the authority of this Act commits an offence and is liable, on conviction, to a fine not exceeding five thousand currency points. - 73 Verify source ↗
Offences and penalties - Offences by contractors
Contractors who build roads that do not meet Minister-prescribed standards commit an offence punishable by a fine of up to two million currency points; courts may also order remedial works.
Section Offences by contractors Section A contractor who constructs a road which does not meet the requirements of standards prescribed by the Minister under this Act commits an offence and is liable on conviction to a fine not exceeding two million currency points. A court convicting a person under subsection (1) may in addition to any penalty issued require the contractor to remedy the defects in the road , road construction or road furniture . - 74 Verify source ↗
Offences and penalties - General penalty
A person who contravenes any provision of this Act is liable, on conviction, to a fine not exceeding twenty four currency points or imprisonment not exceeding one year, or both.
Section General penalty Section A person who contravenes any provision of this Act, the breach of which no specific penalty is expressly provided for, is liable, on conviction, to a fine not exceeding twenty four currency points or imprisonment not exceeding one year, or both. - 75 Verify source ↗
Offences and penalties - Express penalties
The Minister may, by regulations, prescribe an express penalty scheme; express penalties and overloading fines under section 71 shall be payable to a revenue collection bank designated by the Uganda Revenue Authority.
Section Express penalties Section The Minister may, by regulations, prescribe an express penalty scheme for purposes of this Act. For the avoidance of doubt, an express penalty and overloading fines under section 71 shall be payable to a revenue collection bank designated by the Uganda Revenue Authority. - 76 Verify source ↗
Offences and penalties - Cancellation of approvals granted under the Act
The Minister or a road authority may cancel or suspend a certificate, licence or other approval granted under this Act for contravention of any provision of this Act.
Section Cancellation of approvals granted under the Act Section The Minister or a road authority may cancel or suspend a certificate, licence or other approval granted under this Act for contravention of any provision of this Act.
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Roads Act, 2019
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