Police proposes UGX 10M fine for abuse of emergency vehicle regulation

Kampala, Uganda | THE INDEPENDENT | Uganda Police Force has proposed a fine of Shillings 10 million or a jail term of five years for any person found guilty of driving his motor vehicle, trailer or engineering plant as an emergency vehicle. This is part of the proposals tabled by the Police Force in relation to the Traffic and Road Safety Act 1998 (Amendment) bill, 2019, which is being scrutinized the Physical Infrastructure Committee of Parliament.

The Bill, among other provisions, seeks to strengthen road transport regulation and road safety management in Uganda, address existing challenges such as new and emerging trends , increased number of road users including motor cycles, increased road accidents and  the need to conform to the regional and international agreements that Uganda is a signatory to.

On Wednesday, the Director of Traffic in the Uganda Police Force, Assistant Inspector General of Police, Steven Kasiima appeared before the committee to present their views on the Bill. Police wants people who drive vehicles, trailers or engineering plants as emergency motor vehicles to pay a fine not exceeding Shillings 10 million or imprisonment not exceeding five years or both upon conviction.

Kasiima says police has proposed that the Bill should among other things give a clear definition for emergency motor vehicles. He says the Act is clear on the driver of an emergency motor vehicle. He says the while the 1998 Act provides for emergency motor vehicles, the term is vague and has thereby been largely abused with people thinking that they can drive cars as emergency and lead cars without much intervention from the police.

Therefore,  police proposes that an “Emergency Motor Vehicle shall mean a motor vehicle responding to a serious, unexpected and dangerous situation requiring immediate action.”  Kasiima noted that the police have had challenges enforcing the provision that persons who fail to give way for emergency motor vehicles pay a fine between Shillings 300,000 and Shillings 1.2 million or maximum jail sentence of six months.

The Bill is now proposing  a maximum fine of Shillings 4 million or two year maximum jail term or both, which Kasiima says must consider a lower cap so that judicial officers  don’t misuse the provision to set the lowest fine of Shillings 20,000, which would be counterproductive.

He however,  supports the move to maintain the current provision in the Act on drivers of emergency motor vehicles as only those who drive official motor vehicles for the President, Vice President, Speaker of Parliament, Deputy Speaker of Parliament, Chief Justice, Deputy Chief Justice, Prime Minister and the  Deputy Prime Minister (s).

Also drivers for ambulances, fire brigade, bullion vans for Bank of Uganda, motor vehicle for Uganda Police Force and Uganda People’s Defense Forces fitted with an audible siren and permanently fixed flashing beacon type prescribed by the minister.

However, the act proposes that any driver of an emergency motor vehicle who fails to ensure safety on the road should pay fine not exceeding Shillings 6 million or face a three year jail term or both upon conviction.

In April 2012, it was reported that two people died and three others got injured in a fatal accident that involved the convoy of the then Inspector General of Police, Lt. General, Kale Kayihura. A female student was killed by the convoy Justine Kasule Lumumba, the Secretary General of the ruling National Resistance Movement-NRM party.

In August 2015, the lead cars of Allen Kagina, the Executive Director Uganda National Roads Authority -UNRA knocked dead a teacher at Mbarara Parents Primary School. According to Kasiima, to ensure safety and sanity on roads, lead cars should be banned if they are not deemed necessary.

The police also proposes that motor vehicles provided by Uganda Police Force or Uganda Peoples Defense Forces for security of persons shall not be used as emergency vehicles. Thereby, any driver of a security vehicle who flouts the proposed provision on usage of emergency motor vehicles will be liable to a fine not exceeding Shillings 6 million or a jail term not exceeding 3 years upon conviction.

Kasiima noted that the Bill should also provide for regulation on use of tinted motor vehicles, like the case of Nigeria where even the President applies to the Inspector General of Police to use a tinted car.

The applications are granted for only medical and security purposes.

Also, provision should be included to provide that a police officer at the rank of Assistant Inspector or above may remove registration plates from a motor vehicle, trailer or engineering plant if the driver is deemed to have breached the law and rules of the road such as vehicles forming their own lanes, overtaking on the wrong side of the road among others.

Kasiima argues that the Act doesn’t provide for removal of registration plates yet police officers have been doing it to deter offenders. The Bill aims to address defects in the Traffic and Road Safety Act, 1998.  The Minister for Works and Transport, Eng.Monica Azuba Ntege in the Bill’s Memorandum, says that these defects include among others the lack of definition for careless, reckless and dangerous driving to guide the Uganda Police Force.

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