A police officer instructs a Fly Entebbe Express taxi driver to pull over on the side of the road in Wakiso District. PHOTO/IVAN KAMANA WALUNYOLO
The enforcement of the Auto Express Penalty Scheme (EPS) has left several unanswered questions. Since its enforcement kicked off two weeks ago, several motorists, who have been caught on the wrong side of the law have incurred heavy penalties, with some getting fines as high as Shs2 million.
One of the major questions raised is about how and when traffic fines are implemented. Several drivers, especially on Kampala-Entebbe Road and on the new Entebbe Expressway, have complained of being fined yet they were driving below the prescribed speed limit of 80km/h.
One motorist said he was driving at around 70km/h on Entebbe Road but was fined Shs600,000 for exceeding the speed limit by more than 30km/h. But the speed limit regulations have a catch that even when motorists comply with the speed limits on any road; be it a highway, bypass and expressway, they shall not invariably exceed 30km/h.
This includes driving through a business centre, adjacent to a school, church, hospital, market or business centre with a high human or vehicular interaction. This means while driving on Entebbe Road whose prescribed speed limit is 80km/h, one will have to reduce speed to below 30km/h when driving past townships, like Abayita-Ababiri, Zzana and Najjanankumbi. But motorists have been left wondering whether the Auto EPS will not apply to traffic officers, security personnel and guides who give instructions to drive past the red lights during emergencies.
Mr Rashid Ssekindi, the chairperson of the Uganda Transport Operators Federation (Utof), said in one meeting with the police officers they were told the Auto EPS would apply even if they take supposedly illegal actions under the guidance of the traffic police officers or any other security personnel. Often motorists, especially at junctions and roundabouts, are directed by the security personnel to violate the prescribed traffic rules to enable emergencies or reduce traffic jams.
Sometimes motorists are directed by security personnel or guides to use the opposite lanes during rush hour to solve traffic congestion. The Traffic Act says it is illegal to fail to comply with the order or directions of a traffic warden or police officer and it is punishable with a year in jail or a fine ranging between Shs100,000 and Shs600,000.
The traffic and road safety (express penalty scheme for road traffic offenders) regulations, 2024 does not provide for where a motorist can appeal the traffic fines slapped on them. The old EPS regulations allowed an alleged errant motorist to decline an EPS ticket in favour of going to court.
The motorists were also allowed to petition the police directorate of traffic and road safety to revise or cancel an EPS ticket given erroneously. In the Auto EPS, the fines are charged on the registered owners of the motor vehicles leaving the one who committed the offence scot-free. Most of the vehicles on the road are bought on loan and their ownership remain in the names of the loan company until the clients have paid off the loan. The police have, thereby, sent several EPS receipts to car dealers.
Stakeholder speaks out
Mr Charles Mwanguhya, the manager of corporate affairs, communication, and legal at Tugende, a company that deals in motorcycle hire purchases, said the law is supposed to penalise the offender, not the registered owner.
“The offender is the user of the vehicle. To me, the fine should be attached to the driver,” Mr Mwanguhya said.
He added that the essence of the law should be to improve road safety. Tugende gives out bikes on loan but maintains ownership until the riders have fully paid the loans. It is then that they transfer ownership of the motorcycles to their clients.
Mr Mwanguhya said they are carrying out internal consultations among other companies dealing in the same business to find a solution to the new system. He also said there is a lot of work that has to be done in the area of sensitising motorists.
The Auto EPS will also penalise government vehicles that violate traffic offences. The police said the EPS tickets will be sent to the ministry or agency that owns the vehicles to pay.
Some of the offences and fines in auto eps
Driving a car with obscure registration numbers: Shs40,000 Driving without a valid permit: Shs100,000
Using a goods vehicle on a road in a manner which makes it dangerous to other road users: Shs200,000
Using a motor vehicle for the carriage of passengers or goods for hire or reward when it is not li censed to do so: Shs100,000.
Using a vehicle operator’s licence in breach of the licence issued: Shs200,000
Using a motor vehicle which is not in good condition on a road: Shs60,000
Driving with blood alcohol concentration above prescribed limit: Shs 200,000
Driving under the influence of drugs: Shs200,000
Failure to give right of way to authorised emergency vehicles or driving on shoulders:Shs100,000
Failure to stop at a railway level crossing: Shs40,000
Driving a motor vehicle without a copy of the registration book in respect of the vehicle: Shs40,000
Riding a motorcycle without a valid driving permit: Shs100,000
