Government to amend roads Act, extend reserves

Illegal. Some of the structures in Buwama Town on the Kampala-Masaka highway that were constructed in a road reserve. PHOTO BY SADAT MBOGO

What you need to know:

  • The law will provide for express penalties for truck drivers who destroy our roads by overloading. Once caught with an overloaded truck, the driver will be fined expressly and heavily to deter others,” Ms monica Azuba, Works and Transport minister
  • Key issues. In the new Bill, the road reserve has been extended from 15 metres to 40 metres and express penalties for drivers found violating the axle load regulations have been introduced.

Cabinet has approved the Roads Amendment Bill, 2017, with an objective of reforming the law relating to the development, management and maintenance of public roads.
State Minister for Housing Chris Baryomunsi made the announcement yesterday while addressing journalists at the Uganda Media Centre in Kampala on behalf of ICT and National Guidance Minister Frank Tumwebaze.

Mr Baryomunsi, who was accompanied by Works and Transport minister Monica Azuba, and Gender, Labour and Social Development minister Janat Mukwaya, said the amendment was approved at a Cabinet meeting chaired by President Museveni at State House Entebbe on Monday.
“Cabinet has approved the Roads (Amendment) Bill, 2017. This road Bill once enacted repeals the Roads Act, CAP 358, Vol. 13 and the Access to Roads Act, CAP 350, and Vol. 13,” Mr Baryomunsi said.
The minister said the two existing laws were enacted in 1949 and some of their provisions are facing challenges with the current situation in the country.

40 metres for road reserves
While explaining the key principles of the Roads Amendment Bill, 2017, Ms Azuba said the law also seeks to increase road reserves from 15 metres to 40 metres to allow enough space for future construction works.
A road reserve measures 15 metres from the middle of the road to either sides and is always marked to avoid encroachment.

Ms Azuba said the proposed 40 metres for the road reserve will apply to the new road projects that will be constructed after the amendment is passed by Parliament
“It (Bill) provides for the gazzetment, establishment, control and protection of the road reserves. We’re looking at increasing the road reserve from 15 to 40 metres. The minister will declare not less than 15 metres and not more than 40 metres on the new roads,” Ms Azuba said.
She said if the amendment is passed, the ministry will allow temporary use of the road reserve by other people or institutions on condition that they will vacate without any compensation when the Works ministry decides to work on the reserves.

Express penalties
The new law will also see the introduction of express penalties where drivers found violating the axle load regulations will be asked to pay a cash fine instead of being charged in courts of law.
“The law will provide for express penalties for truck drivers who destroy our roads by overloading. Once caught with an overloaded truck, the driver will be fined expressly and heavily to deter others. If you go to Kireka and Mukono [on Jinja road], you will see how overloaded vehicles have damaged the road,” Ms Azuba said.

She said the new law will allow her ministry to create more road authorities to serve Kampala Capital City Authority, municipalities and sub-counties since the existing laws only provide for Uganda National Roads Authority and the district roads authority.

The minister also revealed that the new law would introduce a road tolling system where the funds for construction of a particular road will be collected by motorists using it. Road tolling levies fees against motorists who drive from end to end of a road under construction.
The minister did not specify when the Road Amendment Bill will be tabled in Parliament.