A traffic police officer stops a motorist during an operation to nab defaulters of the Express Penalty Scheme on Kira Road in Kampala last week. PHOTO/ ABUBAKER LUBOWA
The Automated Express Penalty System (AutoEPS), which has thrown many road users into disarray, is part of the ongoing implementation of the Intelligence Transport Monitoring System (ITMS), a government initiative being implemented by a Russian security firm, M/s Joint Stock Company Global Security (JSCGS).
Lawmakers, in May 2023, approved the recommendations of two House committees on Internal Affairs and Defence, as well as that of Physical Infrastructure, after poring over findings of investigations into the implementation of ITMS by JSCGS. It is ITMS, whose implementation the government says is aimed at creating a safe road environment, which birthed the AutoEPS that has since affected motorists, leading to unrest.
The government rolled out the implementation of the EPS after Works and Transport Minister, Gen Edward Katumba Wamala, released the Traffic and Road Safety (Prescription of Speed Limits) Regulations, 2024. The regulations mandate a maximum speed limit of 30km/hr on roads near schools, hospitals, markets, and business centres, while urban roads and highways have a general speed limit of 50km/hr. Under the arrangement, violators of these speed limits are fined Shs200,000 when they exceed the 30km/hr speed limit, and Shs600,000 for those who exceed 50km/hr. In the new traffic regulations, motorists are compelled to pay traffic fines within 72 hours (three days) after the issuance of an EPS ticket or risk a 50 percent surcharge upon default.
Punitive
The AutoEPS has largely targeted motorists speeding, with some victims slapped with tickets as high as Shs900,000 in a few minutes.
The Works and Transport ministry says the operationalisation of the new Road Safety Act through reviewing and updating the Traffic and Road Safety (Speed Limits) Regulations, 2004, was aimed at improving driver behaviour. It also set out to develop a safety culture intended to protect the most vulnerable road users, especially pedestrians and passengers who do not control the vehicle.
“The AutoEPS will be able to detect violations like over-speeding and running the lights, capture and process the vehicle or motorbike registration number plate, plus the location, time, and avail photo or video, generate an E-fine, which is logged into the ITMS database against the violating vehicle or motorbike and verified by an in-charge police officer,” the ministry said, adding: “The registered vehicle owner is hence notified by [short message services] sms or email, the type of offence, date committed, amount of fine, deadline for payment and reference number with the payment channels.”
Days after its enforcement and following the public outcry, Mr Joel Ssenyonyi, the Leader of Opposition in Parliament (LoP) yesterday petitioned the Works minister, Gen Edward Katumba Wamala, calling for a review of the ongoing implementation of EPS. Mr Ssenyonyi cited several issues like excessive penalties and restrictions, technical and procedural shortcomings, confusing and inconsistent speed limits, security risks due to enforced low speeds, traffic lights versus traffic police, and lack of awareness and training.
“I request your office to review the implementation of the EPS, conduct broad consultations with stakeholders, and institute corrective measures where necessary. Road safety is a shared goal, but it ought to be pursued in a manner that is fair, just, and respectful of the rights and safety of Ugandans,” reads part of the letter.
Mr Allan Ssempebwa, the Works and Transport ministry communication officer, said all Ugandans should now focus on ensuring everyone observes safety on the roads rather than accusing one another.
“Last year, we had over 5,000 fatalities in the 25,100 road crashes but the implementation of the AutoEPS has seen sanity restored on the roads because the objective was not to punish people but rather to ensure everyone is safe on the roads,” he said.
He added: “If you are on the road and a traffic officer releases you when the lights are red, you will not be fined because the officer is exercising his powers and the system is aware, just be careful not to break the law on your side.”
Questions abound
After their thorough investigation into the JSCGS, which had secured a contract from the government to install digital number plates on both new and old vehicles, lawmakers on the House committees of Defence and Internal Affairs, as well as their Physical Infrastructure counterpart, authored two reports that were later presented to Parliament.
The report detailed how the company would invest and recoup its investment. Part of the recouping was through fines that would be slapped on traffic violators.
According to the agreement, the firm is supposed to invest Shs257m (Shs951 billion) in acquiring and installing closed-circuit television (CCTV) cameras, speed radars, smart registration plates, electric tracking devices, and backend operations. It is also supposed to establish a number plate production factory in Uganda.
The lawmakers revealed in their report that their investigations found out that the firm would, in return, recoup its investment over a 10-year period. This would be done by selling digital plates, with the project expected to bring $996m (Shs3.6 trillion) during the aforesaid period. Of this, $510m (Shs1.8 trillion) was supposed to come from fines, while $486m (Shs1.8 trillion) was supposed to be obtained from services like number plates and others that the system will offer.
Four major traffic violations were listed in the report, including speed violation fine, which attracted a Shs250,000 penalty, driving on stop lines/markings would attract a Shs70,000 fine, a turn not under the sign would attract a Shs70,000 fine, while driving past red lights attracts a Shs130,000.
“We recommend that since this proposed financial model conflicts with the provisions of the Traffic and Road Safety Act, 1998, the harmonisation should be done before the implementation so that we are in harmony with the existing laws,” Mr Robert Kasolo, the Iki-Iki County lawmaker, who is the Infrastructure Committee deputy chairperson, told the House that day.
After collection of the fine, which the police is tasked with doing, the JSCGS is supposed to take 80 percent ($408m) as the government settles with 15 percent ($76m). Elsewhere, the National Enterprise Corporation is, per the report, supposed to get five percent ($25m) of the fraction.
Mr Ssenyonyi yesterday called for a probe into this company, which is taking 80 percent of the collected fines yet such funds are supposed to benefit the government. “That’s why I say that we first halt this entire process and understand it, sensitise the public and later see the way forward because the aggressiveness of the collection is so much yet it is a private company benefiting,” he said.
