TRAFFIC AND ROAD SAFETY ACT.
ARRANGEMENT OF SECTIONS
Section
PART I
PRELIMINARY.
PART II
ADMINISTRATION.
3. Chief licensing officer of motor vehicles.
Records.
PART III
REGISTRATION AND LICENSING OF MOTOR VEHICLES, ETC.
10. Prohibition of possession of motor vehicles, etc. without registration.
11. Classification of motor vehicles, etc.
12. Application for registration of motor vehicles, etc.
13. Registration of motor vehicles, etc.
14. Reregistration of motor vehicles, etc.
Licensing of motor vehicles, etc.
15. Licence for possessing motor vehicle, etc.
16. Application for licence for motor vehicle, etc.
17. Issue of licence for motor vehicle, etc.
Alteration of records.
18. Change of registration particulars.
19. Cancellation of registration on destruction or permanent removal of motor vehicle, etc.
20. Cancellation of registration for not renewing licence.
21. No licence for deregistered vehicle until reregistered.
22. Change of classification for licences.
23. Refund of fees on cancellation of licence.
24. Application for dealer's plates and dealer's vehicle licence.
25. Issue of dealer's plates and dealer's vehicle licence.
27. Cancellation of dealer's vehicle licence.
28. Return of dealer's plates.
29. Licence for manufacturing or dealing in motor vehicles, etc. and spare parts.
Supplementary provisions.
30. Presumption of owner of vehicle.
31. Notice of change of ownership.
32. Exemption from registration, licensing, etc.
34. Regulations for purposes of Part III.
PART IV
DRIVING PERMITS.
Issue of driving permits.
35. Prohibition of driving without a valid driving permit.
36. Grouping of motor vehicles, etc. for driving permits.
37. Licensing of driving schools and instructors.
43. Conditional driving permits.
44. Cancellation of documents, etc. issued corruptly.
45. Special provisions for public service vehicles.
Disqualification and endorsement of driving permit.
46. Mandatory cancellation or suspension of driving permit.
47. Particulars of convictions to be endorsed.
48. Discretionary powers of cancellation or suspension.
51. Issue of duplicate or substitute driving permits.
52. Production of driving permit on cancellation or endorsement.
53. Custody of driving permit while cancelled, etc.
54. Application for driving permit after cancellation.
55. Removal of disqualification.
56. Automatic disqualification.
58. Offences for applying, obtaining driving permit or driving while disqualified.
59. Regulations for purposes of Part IV.
PART V
LICENCES FOR PUBLIC SERVICE, PRIVATE OMNIBUS AND GOODS VEHICLES.
Transport Licensing Board.
60. Licensing year defined for purposes of Part V.
61. Establishment of Transport Licensing Board.
62. Term of office of members of the board.
65. Quorum at meetings of the board.
66. Protection of board members and staff.
Registers.
70. Classification of vehicle operator's licence.
71. Minister to organise public transport and keep statistics, etc.
72. Application for private and contract omnibus operator's licence.
73. Omnibus and country taxicab operator's licence.
74. Procedure of board for public omnibus and country taxicab operator's licence.
75. Grant of omnibus and country taxicab operator's licence.
76. Public omnibus and country taxicab operator to give notice to the board.
77. Road services not to be suspended without permission.
78. Temporary replacement of authorised vehicles.
81. Temporary public omnibus operator's licence.
83. Application for goods operator's licence.
84. Grant of goods operator's licence.
85. Application for town taxicab and rental vehicle operator's licence.
86. Town taxicab and rental vehicle operator's licence.
87. Grant of town taxicab, country taxicab and rental vehicle operator's licence.
88. Grant of owner's transport vehicle permit.
89. Renewal of certain vehicle operator's licence.
93. Protection of Minister and members of board from civil suit.
94. Operator's vehicle licence.
97. Recovery of fares and wilful damage to public service vehicle.
98. Recovery of fares by passenger.
100. Goods vehicle to be licensed to carry passengers.
102. Conditions for issue of basic or special licence.
103. Inspection of goods vehicle.
106. Regulations for purposes of Part V.
PART VI
USE OF MOTOR VEHICLES.
107. Condition of motor vehicle, etc. for use on a road.
108. Causing bodily injury or death through dangerous driving, etc.
109. Causing bodily injury or death through careless driving.
110. Reckless or dangerous driving.
111. Driving while under the influence of drink or drugs.
112. Driving of a motor vehicle with blood alcohol concentration above the prescribed limit.
115. Persons authorised to withdraw and analyse blood.
116. Detention of persons while affected by alcohol.
117. Definition of prescribed limit.
118. Being in charge of motor vehicle while under influence of drink or drug.
119. Careless or inconsiderate use of motor vehicle.
121. Driving while disqualified or without driving permit.
122. Compliance with speed limit not a defence to other charges.
123. Emergency motor vehicles.
124. Compulsory stopping at railway crossings.
125. Duties of drivers in case of accidents.
126. Riding in a dangerous position.
127. Restriction on pillion riding.
128. Obstructing driver of motor vehicle, etc.
129. Causing damage to a motor vehicle, etc.
130. Taking motor vehicle without owner's consent.
131. Regulations for purposes of Part VI.
PART VII
CONTROL OF TRAFFIC.
134. Permits for herds, funeral procession or parade.
135. Temporary speed restrictions.
137. Restriction of traffic on road.
141. Regulations for purposes of Part VII.
PART VIII
ENFORCEMENT.
Enforcement.
143. Records of traffic offences.
144. Filing of accident reports and drivers files.
145. Inspector General to submit annual traffic accident and safety report.
146. Power to demand production of driving permits.
147. Power to demand name and address of owner of vehicle.
148. Employer to keep record of driver.
149. Owner or hirer, etc. to give identity of driver.
150. Examination of vehicle on road.
151. Power to order examination.
152. Examination by inspector.
153. Removal of abandoned vehicle.
154. Removal of broken down vehicle.
155. Removal of vehicle from parking place.
156. Police may require motor vehicle to be driven to police station.
Institution of proceedings.
159. Warning to be given before prosecution.
160. Application of Part VIII.
161. Institution of traffic proceedings.
162. Traffic charge and summons.
163. Irregularities in proceedings.
164. Admissibility of certificates.
165. Punishment without prosecution.
166. Appointment of traffic wardens.
PART IX
NATIONAL ROAD SAFETY COUNCIL.
168. Establishment of National Road Safety Council.
169. Functions of the council.
170. Term of office of members of council.
PART X
MISCELLANEOUS.
171. Persons propelling pushcarts or riding animals, etc.
172. Restrictions on riding bicycles.
173. Damage to road or bridge.
174. Application of the Act to persons in the public service and vehicles of the Government.
176. General penalties for contravention.
178. General power to make regulations.
179. Minister's power to amend First Schedule.
180. Repeals and transitional provisions.
First Schedule Currency point.
Second Schedule Traffic charges and summons, and affidavit of service.
CHAPTER 361
TRAFFIC AND ROAD SAFETY ACT.
Commencement: 11 September, 1998; 15 March, 1999;
ss. 107, 108, 109, 110): 11 November, 2008.
An Act to consolidate and amend the law relating to road traffic; to provide for the National Road Safety Council and the Transport Licensing Board; to revise the penalties prescribed in relation to road traffic offences and for other purposes connected with road traffic and road safety.
PART I
PRELIMINARY.
This Act shall come into force on such date as the Minister may, by statutory instrument appoint; but the Minister may appoint different dates for different provisions of this Act.
(1) In this Act, unless the context otherwise requires—
(a) "articulated vehicle" means a combination of vehicles comprising a tractor and semitrailer so attached to the tractor that part of the semitrailer is superimposed upon the tractor and when the semitrailer is uniformly loaded, not less than 20 percent of the weight of its load is borne by the tractor;
(b) "basic licence" means a licence issued under section 102;
(c) "bicycle" means any vehicle which has at least two wheels which is propelled by means of pedals or hand cranks solely by the muscular energy of the person riding it;
(d) "board" means the Transport Licensing Board established under section 61;
(e) "carriageway" means that part of a road normally used by vehicular traffic but does not include that part of a road which consists of a street refuge or central reservation whether within the limits of a pedestrian crossing or not;
(f) "chief licensing officer" means the chief licensing officer of motor vehicles designated under section 3 and includes a deputy chief licensing officer of motor vehicles;
(g) "contract omnibus" means a public service vehicle not carrying passengers at separate fares;
(h) "council" has the meaning assigned to it by section 168;
(i) "country taxicab" means an unrestricted public service vehicle, not being a town taxicab;
(j) "currency point" means the value of a currency point specified in the First Schedule;
(k) "dealer" means a person who trades in or repairs for financial reward or gain on his or her own account motor vehicles or tractors or manufactures or trades in spare parts as defined in section 29(7);
(l) "driver"—
(i) in relation to a motor vehicle, means a person who drives or attempts to drive or is in charge of a motor vehicle or other vehicle (including a cycle) or an instructor of a learner driver;
(ii) in relation to animals, means a person who guides cattle, singly or in herds, or flocks or draught, pack or saddle animals on a road; and
(iii) in relation to a towed vehicle, means a person who drives the towing vehicle;
(m) "driver permit" means a permit issued under Part IV of this Act;
(n) "driving school" means a school established under section 37 in which persons wishing to drive motor vehicles receive instruction in driving motor vehicles;
(o) "dual-purpose vehicle" means a vehicle that is constructed or adapted for the carriage of passengers and of goods or burden of any description, the unladen weight of which does not exceed two tonnes and which either—
(i) is so constructed or adapted that the driving power of the engine is, or by the appropriate use of controls of the vehicle can be, transmitted to all the wheels of the vehicles; or
(ii) the vehicle is permanently fitted with a rigid roof, with or without a sliding panel; and
(iii) the area of the vehicle behind the driver's seat is permanently fitted with at least transverse seats (fixed or folding) for two or more passengers which are properly sprung and cushioned and provided with upholstered backrests attached either to the seats or to the side or the floor of the vehicle and lit on each side and at the rear by a window or windows of glass or other transparent material having an area or aggregate area of not less than 2,000 square centimetres on each side and not less than 800 square centimetres at the rear and the distance between the rearmost part of the steering wheel and the backrests of the rearmost row of such transverse seat is not less than one-third of the distance between the rearmost part of the steering wheel and the rearmost part of the floor of the vehicle;
(p) "engineering plant" means movable plant or equipment being a self propelled vehicle or trailer designed or constructed for special purposes of engineering operations which, where proceeding on a road, does not carry any load other than such as is necessary for its propulsion or equipment;
(q) "examining officer" means a person appointed as an examining officer under section 4(1)(c);
(r) "excess charge" means the amount additional to the initial charge for a vehicle left in a parking place for a time exceeding the standard period prescribed for the parking place as indicated on the parking meter;
(s) "goods operator's licence" means a licence issued under section 83;
(t) "goods vehicle" means a heavy motorcar which is constructed or adapted for use for the conveyance of goods or burden of any description;
(u) "heavy goods vehicle" means a heavy motorcar which is constructed or adapted for use for the conveyance of goods or burden of any description exceeding a weight prescribed by regulations;
(v) "heavy motorcar" means a motor vehicle, not being a motorcycle, which is constructed to carry a load or passengers, the permissible maximum weight of which exceeds 22,500 kilograms;
(w) "heavy omnibus" means a motor vehicle having seating accommodation for more than 60 passengers exclusive of the driver;
(x) "heavy tractor" means a tractor the weight of which exceeds two tonnes;
(y) "initial charge" means the amount of the charge for a vehicle left in a parking place for a time not exceeding the standard period prescribed for the parking place and as indicated on the parking meter;
(z) "insurance" includes a cover note;
(aa) "learner driving permit" means a permit issued under section 39 to a person to drive a motor vehicle or tractor under the personal supervision of a licensed instructor;
(bb) "licensed instructor" means a person licensed under section 37(3) to instruct persons to drive a motor vehicle, trailer or engineering plant;
(cc) "licensing officer" means a person appointed as a licensing officer under section 4(1)(a);
(dd) "licensing period" means any one of the periods mentioned in section 17(2);
(ee) "licensing year" has the meaning assigned to it in sections 6 and 60;
(ff) "light goods vehicle" means a motorcar which is constructed or adapted for use for the conveyance of goods or burden of any description;
(gg) "light omnibus" means a motor vehicle having seating accommodation for more than seven but not exceeding 20 passengers exclusive of the driver;
(hh) "manufacture" with its grammatical variations and cognate expressions, means to subject any physical matter to any process—
(i) which materially changes the matter in substance, character or appearance; and
(ii) which results in the matter, after being so processed, being "spare parts" as defined in section 29(7);
(ii) "medium goods vehicle" means a medium motorcar which is constructed or adapted for use for the conveyance of goods or burden of any description;
(jj) "medium motorcar" means a motor vehicle, not being a motorcycle, which is constructed to carry a load or passengers the permissible maximum weight of which exceeds 3,500 kilograms but does not exceed 22,500 kilograms;
(kk) "medium omnibus" means a motor vehicle having seating accommodation for more than 20 but not exceeding 60 passengers exclusive of the driver;
(ll) "Minister" means the Minister to whom functions under this Act are assigned;
(mm) "motorcar" means a motor vehicle, not being a motorcycle, which is constructed to carry a load or passengers, the permissible maximum weight of which does not exceed 3,500 kilograms, and in the case of a passenger vehicle which is constructed or adapted to carry not more than seven passengers exclusive of the driver;
(nn) "motorcycle" means a motor vehicle with less than four wheels, the unladen weight of which does not exceed 400 kilograms;
(oo) "motor vehicle" means any self propelled vehicle intended or adapted for use on the roads;
(pp) "neighbouring country" means a country prescribed by the Minister by regulations;
(qq) "one-way street" means any road on which driving other than in one direction is prohibited at all times;
(rr) "owner" means—
(i) in the case of a vehicle which is for the time being registered under this Act and is not being used under a hiring agreement or hire purchase agreement or a finance lease agreement, means the person appearing as the owner of the vehicle in the register kept by the chief licensing officer under this Act; and
(ii) in relation to a vehicle which is the subject of a hiring agreement or hire purchase agreement or a finance lease agreement, means the person in possession of the vehicle under that agreement;
(ss) "owner's transport vehicle" means a goods vehicle of an employer of labour in respect of which a permit is granted under section 88 to carry the employees or agents of that employer;
(tt) "parking meter" means an apparatus for use on or in the vicinity of a parking place for indicating, as respects a space provided at that parking place for the leaving of vehicles, whether the initial charge has been paid and whether the period for which payment was made by the initial charge has expired;
(uu) "passenger vehicle" means a vehicle that is constructed or adapted solely for the carriage of passengers and their effects and includes a dual-purpose vehicle;
(vv) "pedestrian crossing" means a crossing for foot passengers of the part of a road normally used by vehicular traffic established under this Act and indicated by traffic signs in accordance with the regulations applicable to that crossing;
(ww) "points system" means a method by which numerical values are assigned to driving offences in proportion to the seriousness of the offence;
(xx) "prescribed" means prescribed by regulations;
(yy) "prescribed limit" has the meaning assigned to it by section 117;
(zz) "private omnibus" means a passenger vehicle not being a public service vehicle having seating accommodation for more than seven passengers excluding the driver;
(aaa) "produce seller's transport vehicle" means a goods vehicle in respect of which a permit is granted under section 88 for the carriage on that vehicle of the seller, his or her agents and their goods or local produce;
(bbb) "public omnibus" means a public service vehicle that carries passengers at separate fares on a previously determined route;
(ccc) "public service vehicle" means a motor vehicle licensed to carry passengers for hire or reward;
(ddd) "register" means a register which includes information stored for use in a computer and any other apparatus;
(eee) "registered practitioner" has the meaning assigned to it under the Medical and Dental Practitioners Act;
(fff) "regulations" means regulations made under this Act;
(ggg) "rental vehicle" means a motorcar used as a passenger vehicle which is a public service vehicle not carrying passengers at separate fares and which plies for hire at a licensed fixed place of business not being a taxi rank or road, on daily, weekly or monthly basis or for a specific journey;
(hhh) "road" means any highway and any other road to which the public have access and includes bridges over which a road passes and includes also car parks whether public or private;
(iii) "semitrailer" means any trailer designed to be coupled to a motor vehicle in such a way that part of it rests on the motor vehicle and that a substantial part of its weight and of the weight of its load is borne by the motor vehicle;
(jjj) "street parking place" and "off-street parking place" refer respectively to parking places on land which does, and on land which does not, form part of a road;
(kkk) "temporary contract omnibus" means a goods vehicle licensed by the board under section 81, to be used as a temporary contract omnibus;
(lll) "temporary public omnibus" means a goods vehicle licensed by the board under section 82 to be used as a temporary public omnibus;
(mmm) "tour operator's vehicle" means a motor vehicle licensed for tours within Uganda;
(nnn) "town taxicab" means a motorcar used as a passenger vehicle which stands on a rank or plies for hire on a road or a fixed place of business and is licensed to carry passengers for hire or reward under a contract express or implied for the use of the vehicle as a whole at the authorised fee and rates displayed on the vehicle and the sum indicated on the meter;
(ooo) "tractor" means a self propelled road vehicle which is not constructed itself to carry a load other than such as is necessary for its propulsion and equipment but which is constructed or adapted for the purpose of drawing or propelling a vehicle;
(ppp) "traffic sign" means any object or device (whether fixed or portable) for conveying to traffic, warnings, information, requirements, restrictions or prohibitions of any description specified by the Minister by regulations and any line or mark on a road for so conveying such warnings, information, requirements, restrictions or prohibitions;
(qqq) "traffic warden" means a person appointed as a traffic warden under section 166(1);
(rrr) "trailer" means any vehicle designed to be drawn or propelled by a motor vehicle but does not include—
(i) an integral sidecar, integral forecar or integral trailer attached to a motorcycle (which shall be regarded as forming part of the vehicle to which it is attached);
(ii) engineering plant;
(iii) agricultural implement not constructed or adapted for the conveyance of goods or burden of any description when drawn by a farmer's power driven vehicle;
(sss) "vehicle" includes a machine or implement of any kind drawn or propelled along roads whether by animal, mechanical, electrical or any other motive power; and
(ttt) "vehicle inspector" means a person appointed as a vehicle inspector under section 4(1)(b).
(2) Where, for the purposes of Part V of this Act, there is reasonable doubt whether a person is a citizen of Uganda, the burden of proof shall be upon that person.
(3) For the purposes of Part V of this Act, a "company" whether incorporated in Uganda or not, and a "firm" the firm name of which is registered in Uganda, shall be regarded as a citizen of Uganda if, in the case of a company, more than 51 percent of its share capital, or in the case of a firm, more than 51 percent of its partnership property, is held by or on behalf of persons who are citizens of Uganda.
(4) A statutory declaration made by a director, partner or other person responsible for the management of that company or firm referred to in subsection (3) that to the best of his or her knowledge and belief more than 51 percent of the share capital of the company or more than 51 percent of the partnership property of the firm is held as described in subsection (3) shall be prima facie evidence that it is so held.
PART II
ADMINISTRATION.
3. Chief licensing officer of motor vehicles.
(1) Subject to any written law relating to the appointment of persons to the public service, the Minister shall, by notice in the Gazette, designate a public officer as a chief licensing officer of motor vehicles.
(2) The Minister may, by notice in the Gazette designate one or more public officers as deputy chief licensing officers of motor vehicles for such parts of Uganda as shall be specified in the notice.
(3) Any designation under this section shall be effected in consultation with the Minister responsible for internal affairs.
(1) There shall be appointed for the purposes of this Act, the following public officers—
(a) licensing officers;
(b) vehicle inspectors; and
(c) examining officers,
and such other persons as may be necessary for carrying out the provisions of this Act.
(2) All licensing officers and all vehicle inspectors shall be under the direction of the chief licensing officer.
The chief licensing officer shall be subject to the overall control of the Minister on matters of policy and shall comply with any directions on such matters given by the Minister.
Records.
Except as provided in section 60, "licensing year" means a period of 12 months beginning with the date of first registration of the motor vehicle, trailer or engineering plant.
(1) The chief licensing officer shall keep in the prescribed form—
(a) registers of all motor vehicles, trailers and engineering plant registered in Uganda; and
(b) registers of registration plates and licences issued for motor vehicles, trailers and engineering plant, and shall cause every licensing officer to keep registers of all motor vehicles, trailers and engineering plant registered by him or her and registration plates and licences issued by him or her.
(2) All registers shall be open for inspection on demand by a police officer who shall be entitled to copy any entry in a register.
All registers in the custody of the chief licensing officer and licensing officers shall be open for inspection by members of the public during prescribed hours upon payment of the prescribed fee.
(1) The chief licensing officer shall, upon payment of the prescribed fee, furnish to an applicant a certified copy of any entry in any register.
(2) The copy of any entry in a register which is certified under the hand of the chief licensing officer to be a correct copy shall be prima facie evidence in all court proceedings of the facts contained in it.
PART III
REGISTRATION AND LICENSING OF MOTOR VEHICLES, ETC.
10. Prohibition of possession of motor vehicles, etc. without registration.
No person shall possess a motor vehicle, trailer or engineering plant, other than a motor vehicle, trailer or engineering plant exempted from the provisions of this Act, unless the motor vehicle, trailer or engineering plant is registered under this Act.
11. Classification of motor vehicles, etc.
(1) For the purposes of this Act, motor vehicles, trailers and engineering plant shall be divided into the following classes—
(a) heavy goods vehicles;
(b) heavy omnibuses;
(c) heavy tractors;
(d) medium goods vehicles;
(e) medium omnibuses;
(f) light goods vehicles;
(g) motorcars and dual-purpose vehicles excluding light goods vehicles;
(j) engineering plant;
(k) motorcycles;
(l) pedestrian controlled vehicles;
(m) trailers and semitrailers.
(2) Regulations made under section 178 may provide—
(a) that any provision of this Act which would otherwise apply to hover vehicles shall not apply to them, or shall apply to them subject to such modifications as may be specified in the regulations; or
(b) that any provision of this Act which would not otherwise apply to hover vehicles shall apply to them subject to such modifications, if any, as may be specified in the regulations.
12. Application for registration of motor vehicles, etc.
(1) An application for the registration of a motor vehicle, trailer or engineering plant shall be made in the prescribed form by the owner of the motor vehicle, trailer or engineering plant to a licensing officer and shall be accompanied by the prescribed fee.
(2) Subject to this Act, any person, whatever his or her age, may be registered as the owner of a motor vehicle, tractor or engineering plant if he or she has legal capacity to own it.
(3) Every application for the registration of a motor vehicle, trailer or engineering plant shall be accompanied by or combined with an application for a licence and insurance of the motor vehicle, trailer or engineering plant.
(4) Every application for the registration of a motor vehicle, trailer or engineering plant shall state the name and address of any person (other than the owner) in whom the property of the motor vehicle, trailer or engineering plant or any absolute or conditional right or licence to take possession of the motor vehicle, trailer or engineering plant is vested or whether it is the subject of a hire purchase agreement or a bill of sale or similar agreement.
(5) Where the name of any person is stated in the application in accordance with subsection (4), that person shall be recorded in the register and in the registration book as the proprietor of the motor vehicle, trailer or engineering plant.
(6) Subject to subsection (8), where a person is recorded in the register and in the registration book as the proprietor of any motor vehicle, trailer or engineering plant—
(a) no change of proprietorship shall be recorded except upon his or her application or with his or her consent in writing; and
(b) any change of proprietorship shall be registered subject to the continuation of his or her recording as the proprietor unless his or her consent in writing to the cancelling of that recording is lodged with the chief licensing officer.
(7) Where a person who is recorded as the proprietor of a motor vehicle, trailer or engineering plant ceases to be the proprietor, he or she shall sign a consent in the prescribed form to the cancelling of his or her recording as proprietor and shall, subject to regulations, lodge the cancellation with the chief licensing officer or give or send it to the owner of the motor vehicle, trailer or engineering plant.
(8) Where it appears to the chief licensing officer that a person who is recorded as proprietor of a motor vehicle, trailer or engineering plant is no longer the proprietor, he or she may, by notice in writing in the prescribed form, require that person to show cause within 14 days after receipt of the notice, why the recording should not be cancelled.
(9) Where a person fails to show cause as required by a notice under subsection (8), the chief licensing officer may cancel the recording of that person as proprietor of the motor vehicle, trailer or engineering plant concerned.
(10) Where under a hire purchase agreement or a bill of sale or similar agreement, the proprietor of a motor vehicle, trailer or engineering plant recovers possession from the person registered as the owner, the proprietor shall, within 21 days after recovering possession, send or deliver to the chief licensing officer together with the prescribed fee, a notice in or to the effect of the prescribed form of the recovery of possession of the motor vehicle, trailer or engineering plant.
(11) Upon receiving a notice given under subsection (10) together with the prescribed fee, the chief licensing officer shall record in the register in relation to the motor vehicle, trailer or engineering plant concerned, the fact and date of the recovery of possession by the proprietor and shall cancel the entries in the register relating to the owner of the motor vehicle, trailer or engineering plant and thereupon, the proprietor shall, for the purposes of this Act, be taken to be the registered owner until the motor vehicle, trailer or engineering plant is disposed of or possession of it is restored to the person previously recorded in the register as the owner.
(12) Where the proprietor of a motor vehicle, trailer or engineering plant recovers possession of the motor vehicle, trailer or engineering plant but subsequently restores possession to the person previously recorded in the register as the owner, the proprietor shall send or deliver to the chief licensing officer, within 14 days after restoring possession, a notice in or to the effect of the prescribed form, of restoration of possession of the motor vehicle, trailer or engineering plant.
(13) Upon receiving a notice given under subsection (12), the chief licensing officer shall reinstate in the register the entries cancelled under subsection (11).
(14) Where the property in a motor vehicle, trailer or engineering plant or any absolute or conditional right or licence to take possession of the motor vehicle, trailer or engineering plant is or becomes vested in the proprietor of the motor vehicle, trailer or engineering plant, the owner shall, as soon as possible, forward to the chief licensing officer the certificate of registration, together with a notice in the prescribed form, of the name and address of the proprietor.
(15) The chief licensing officer or any licensing officer or any other person concerned in the keeping of the register shall not be required to make any inquiry into the ownership or proprietorship of any motor vehicle, trailer or engineering plant beyond what appears in the particulars shown in the application notice, consent or any other document received by him or her under this Act and regulations, but shall be responsible only for making such entries in the register and upon any certificate in such a way as appears to be in accordance with the particulars so shown.
13. Registration of motor vehicles, etc.
(1) A licensing officer shall, prior to the registration of a motor vehicle, trailer or engineering plant, verify the particulars in the application for registration and shall satisfy himself or herself that—
(a) the motor vehicle, trailer or engineering plant is in a fit and proper condition for the purpose for which it is intended to be used, and he or she shall, for that purpose send the motor vehicle, trailer or engineering plant to a vehicle inspector for examination;
(b) the motor vehicle, trailer or engineering plant has been lawfully exported from its country of origin or the country in which it was last registered, and that the applicant is in possession of an export permit relating to the motor vehicle, trailer or engineering plant other than a temporary permit or permit for exportation for a limited period only, if that is required by the law of the country of origin or of last registration;
(c) the motor vehicle, trailer or engineering plant has been lawfully imported into Uganda; and
(d) any tax or duty due in respect of the motor vehicle, trailer or engineering plant under any written law has been paid.
(2) If an application is made to register a goods vehicle or trailer the body of which has not been made by the manufacturers of the chassis, or the load capacity of which has not been declared by the manufacturers, a licensing officer shall not register the goods vehicle or trailer until a vehicle inspector has determined its load capacity.
(3) The decision of a vehicle inspector under subsection (2) is final.
(4) A licensing officer shall, when satisfied as to the particulars of a motor vehicle, trailer or engineering plant contained in an application for registration, enter the particulars in his or her register and shall assign the motor vehicle, trailer or engineering plant a number or mark to be shown on the registration plates to be affixed to the motor vehicle, trailer or engineering plant and shall issue to the applicant registration plates and a registration book in the prescribed form for the motor vehicle, trailer or engineering plant.
(5) Where a motor vehicle, trailer or engineering plant is owned by more than one person, the registration shall be effected in the name of one of the owners nominated by all of the owners or, where the owners are the members of an unincorporated body, by the governing body of that unincorporated body.
(6) The registration of a motor vehicle, trailer or engineering plant shall not be effected under a business name (whether registered or unregistered) or under the name of any unincorporated body.
(7) Any person who, without lawful authority or excuse—
(a) makes any registration plate which resembles a registration plate issued by the licensing officer;
(b) knowingly has in his or her possession a registration plate so issued;
(c) knowingly has in his or her possession a registration plate which resembles a registration plate so issued and which is likely to deceive;
(d) uses any registration plate so issued which is altered or defaced;
(e) fraudulently or knowingly alters or defaces any registration plate so issued;
(f) fraudulently uses, lends or permits to be used a registration plate so issued; or
(g) buys or sells any registration plate which resembles a registration plate so issued and which is likely to deceive,
commits an offence and is liable—
(h) in the case of a first offence, to imprisonment of not less than one year and not exceeding three years;
(i) in case of a second or subsequent offence, to imprisonment of not less than two years and not exceeding five years.
(8) Where a person is convicted of an offence under subsection (7), the court shall, in addition to any penalty imposed under that subsection, order the forfeiture of any registration plate to which the offence relates and may also order the forfeiture of any machine or equipment used in the manufacture of the registration plate and the closure of the workshop or factory where the registration plate was manufactured.
14. Reregistration of motor vehicles, etc.
Every owner of a motor vehicle, trailer or engineering plant registered under any enactment repealed by this Act, shall, on the coming into force of this Act, reregister and relicence that motor vehicle, trailer or engineering plant in accordance with this Act, within such period and in such manner as may be prescribed.
Licensing of motor vehicles, etc.
15. Licence for possessing motor vehicle, etc.
No person shall own or possess a motor vehicle, trailer or engineering plant or use it on a road, other than a motor vehicle, trailer or engineering plant exempted from the provisions of this Act, unless the motor vehicle, trailer or engineering plant is licensed under and in accordance with this Part of this Act.
16. Application for licence for motor vehicle, etc.
An application for a licence for a motor vehicle, trailer or engineering plant shall be made in the prescribed form by the owner of the motor vehicle, trailer or engineering plant to a licensing officer and shall be accompanied by the prescribed fee and the registration book, and the applicant shall produce the motor vehicle, trailer or engineering plant for inspection.
17. Issue of licence for motor vehicle, etc.
(1) On receipt of an application for a licence for a motor vehicle, trailer or engineering plant, a licensing officer shall, if he or she is satisfied that—
(a) the motor vehicle, trailer or engineering plant is duly registered;
(b) the particulars in the register relating to the motor vehicle, trailer or engineering plant are correct; and
(c) all other provisions of this Act have been complied with, issue a licence in the prescribed form in respect of the motor vehicle, trailer or engineering plant.
(2) A licence issued under subsection (1) may be for a period of four, eight or 12 months, except that the prescribed fee for a licence issued at the time of the registration of the motor vehicle, trailer or engineering plant during a licensing year shall be computed at the rate of one-twelfth for each complete month which remains within the licensing year including the month in which the licence is issued.
(3) Notwithstanding any provision of this Act, if the owner of a motor vehicle, trailer or engineering plant informs a licensing officer that he or she does not intend to use the motor vehicle, trailer or engineering plant for a stated period and surrenders the registration plates of the motor vehicle, trailer or engineering plant, he or she shall be exempted from the provisions of this Part of this Act.
(4) Where the licensing officer is satisfied that the owner of the vehicle could not surrender the registration plates for reasons beyond the owner's control, the licensing officer shall grant a waiver of the unpaid fees for the period the vehicle was not in use.
(5) Where the registration plates have been surrendered for non use, they will be kept by the licensing officer for a period not exceeding five years from the date of expiry of the licence and thereafter the owner shall apply for substitute registration plates on payment of a prescribed fee.
Alteration of records.
18. Change of registration particulars.
(1) The owner of a motor vehicle, trailer or engineering plant shall, if change of circumstances affect the accuracy of the registered particulars of his or her motor vehicle, trailer or engineering plant, forward the registration book with the prescribed fee to a licensing officer to enable the register and the registration book to be amended, and shall supply the licensing officer with such information as the licensing officer may require.
(2) A police officer of or above the rank of assistant inspector of police may seize any registration book which does not contain accurate particulars of a motor vehicle, trailer or engineering plant and forward it to a licensing officer for the register and the registration book to be amended or cancelled.
(3) A person aggrieved by any amendment or cancellation under subsection (2) may within 30 days appeal to the board against the decision, and the board may confirm or reverse a decision.
19. Cancellation of registration on destruction or permanent removal of motor vehicle, etc.
(1) If any registered motor vehicle, trailer or engineering plant is destroyed or becomes permanently useless as a motor vehicle, trailer or engineering plant or is removed permanently from Uganda, the owner of the motor vehicle, trailer or engineering plant shall immediately give to a licensing officer notice of its destruction, condition or removal, as the case may be, and shall deliver to the licensing officer the registration book of the motor vehicle, trailer or engineering plant and its registration plates.
(2) Upon receipt of the notice and other matters referred to in subsection (1), the licensing officer shall send the notice to the chief licensing officer who shall cancel the registration of the motor vehicle, trailer or engineering plant.
20. Cancellation of registration for not renewing licence.
(1) If no licence is issued for any registered motor vehicle, trailer or engineering plant for any licensing year, the chief licensing officer may, at any time after the expiration of that year, but before any licence is issued for the motor vehicle, trailer or engineering plant for any subsequent licensing year, cancel the registration of the motor vehicle, trailer or engineering plant except that the cancellation shall not take effect until 30 days have elapsed after the expiration of the first mentioned licensing year.
(2) Upon cancellation of the registration of the motor vehicle, trailer or engineering plant under subsection (1), any person in possession of the registration plates relating to the motor vehicle, trailer or engineering plant shall surrender the plates to the chief licensing officer.
(3) Notwithstanding subsections (1) and (2), if the owner of any registered motor vehicle, trailer or engineering plant fails to notify the licensing officer as provided for in section 17(3) or fails to renew the licence on or before the date it is due for renewal, the chief licensing officer shall notify in writing a senior police officer of the facts; and upon receipt of the notice the police shall proceed to the place where the vehicle is lying and remove the registration plates of the vehicle and return them to the licensing officer.
(4) The expenses of removing and returning the registration plates to the licensing officer shall be borne by the owner of the vehicle from which the registration plates have been removed.
21. No licence for deregistered vehicle until reregistered.
Where the registration of a motor vehicle, trailer or engineering plant has been cancelled, a licence shall not be issued in respect of it until it is again registered and the prescribed registration fee is paid.
22. Change of classification for licences.
(1) When a motor vehicle, trailer or engineering plant has been altered or it is intended that its use be changed so that the classification of the motor vehicle, trailer or engineering plant for the purpose of licence fees payable under this Act is changed, the owner shall, before the motor vehicle, trailer or engineering plant is used on the road after the alteration, or under the different use, surrender for cancellation his or her current licence to the licensing officer.
(2) Upon the surrender of a licence under subsection (1) and the payment by the owner of the prescribed fee, the licensing officer shall issue the owner with a new licence applicable to the motor vehicle, trailer or engineering plant, and the applicant shall be entitled to a refund of fees paid for the cancelled licence on the basis provided for by section 23.
23. Refund of fees on cancellation of licence.
In any case where a licence issued under section 17 is surrendered for cancellation, the owner of the motor vehicle, trailer or engineering plant in respect of which it was issued shall, on surrendering his or her registration plates, be entitled to a refund of the prescribed fee calculated at the rate of one-twelfth of the annual fee applicable for each complete month during which, but for the cancellation, the licence would have remained valid.
24. Application for dealer's plates and dealer's vehicle licence.
A dealer in, or manufacturer of, or repairer of, motor vehicles, trailers or engineering plant may apply to a licensing officer in the prescribed form accompanied by the prescribed fee for one or more sets of special registration plates, in this Part of this Act referred to as dealer's plates, and a dealer's vehicle licence in respect of each set of dealer's plates.
25. Issue of dealer's plates and dealer's vehicle licence.
Upon receipt of an application under section 24, a licensing officer shall, if satisfied that the applicant is a dealer in, manufacturer of, or repairer of, motor vehicles, trailers or engineering plant, issue him or her with the vehicle dealer's plates and dealer's vehicle licence applied for.
(1) No motor vehicle, trailer or engineering plant shall proceed from the premises of a dealer, manufacturer or repairer of motor vehicles, trailers or engineering plant and be used on a road for any of the following purposes—
(a) proceeding to or returning from an inspection by an inspector;
(b) proceeding from the premises of a dealer to a railway station or wharf for entraining or shipment, or from a train or ship to those premises;
(c) test or trial during or after completion, construction, assembly or repair;
(d) test or trial by or on behalf of an intending purchaser, or for proceeding to or from the place where the purchaser intends to keep it;
(e) proceeding to or from a public weighbridge for the purpose of its weight being ascertained or to or from a place for registration;
(f) exportation to or importation from a neighbouring country;
(g) proceeding from the premises of a dealer to the premises of a purchaser or of another dealer or manufacturer;
(h) proceeding to or returning from a workshop in which a body is to be or has been fitted to the motor vehicle, trailer or engineering plant or where the motor vehicle, trailer or engineering plant is to be or has been painted or repaired; or
(i) proceeding to or returning from an exhibition of motor vehicles, trailers or engineering plant,
unless the motor vehicle, trailer or engineering plant is displaying valid dealer's plates issued under section 25.
(2) No motor vehicle, trailer or engineering plant shall be used on any road under the authority of a dealer's vehicle licence—
(a) to convey passengers or goods for profit or reward;
(b) to carry or convey any goods whatsoever except such load as may be necessary for the purpose of testing the motor vehicle, trailer or engineering plant; and no such load, and no part of it shall be removed from the motor vehicle, trailer or engineering plant at any time between the departure from and the return to the loading place of the motor vehicle, trailer or engineering plant, except in the case of an accident.
(3) No motor veh
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