UNRA wants express penalties for weighbridge offenders

By Joel Ogwang

The Uganda National Roads Authority (UNRA) is seeking a review of the Traffic and Road Safety (weighbridges) Regulations, 1998, to allow it conduct on spot penalties for drivers and owners of trucks guilty of carrying excess loads.

Under the existing regulations, a single-axle truck is supposed to carry eight tonnes; three axles of 12 tyres (24 tonnes) and seven axles (56 tonnes).

However, cross-border transit trucks flaunt the regulation, even carrying loads exceeding 70 tonnes on eight fixed weigh-bridges that UNRA operates. This damages roads, accounting for $21m in annual roads maintenance costs, according to the works and transport ministry statistics.

 Once intercepted, the offenders undergo the due process of prosecution and punishment in conventional courts.

“We want to be allowed to do on-spot or express penalties for drivers found guilty of carrying excess loads on our roads,” Dan Alinange, the UNRA spokesperson said recently.

“This has been successfully done in Tanzania.”

Quick justice

If granted, the move will be similar to the Uganda Police Force’s Express Penalty Scheme, where a motorist found guilty of a traffic offence is issued with a receipt, whose payments must be deposited in a bank.

The Government in October 2009 suspended weighbridges over allegations of corruption and mismanagement.

Upon instituting a commission of inquiry headed by Prof. Epelu Opio, whose report unearthed gross corruption, maladministration, abuse of office, undue delays and influence peddling, government lifted the eight-month ban.

However, former works minister Eng. John Nasasira undertook radical reforms in the weighbridge and axle load control administration system before resumption.

UNRA says prosecution and conviction of culprits is cumbersome as courts only convene during working hours and on week days, yet truck drivers mostly transit at night.

The maximum penalty for over loading is a fine of 30 currency points (a currency point is equal to sh20,000).

“The regulation is not punitive enough,” said Geoffrey Obara, the UNRA manager axle-load control.

“The fact that courts also open during official working hours also causes delays in punishing the offenders.”

Law under review

As a result, the works and transport ministry is currently reviewing the regulation with a view to making it more punitive and timely.

“We want the punishment to be commensurate with the damage done on roads,” said Alinange.

“All these issues will be addressed in the reviews.”

Law reforms

Parliament is the law making body in Uganda. Hence, repealing any law has to be debated by the House and assented to by the President.

For regulations, however, the line minister may, in consultation with technocrats, approve an amendment, but these apply to minor regulations since most regulations are approved by Parliament before the Presidential assent.

 Works state minister Eng. John Byabagambi noted that the harmonisation of the East African Community (EAC) laws on weigh-bridges hampered the change of the regulation.

“We (government) should have done it two years ago,” he said.

“A Cabinet paper to amend the Road Safety Act, 1998 is ready. We are only waiting for the harmonisation and domestication of the EAC laws.”

During its meeting in Kampala in June, the East African Legislative Assembly harmonised weighbridge and axle load control laws under the EAC treaty.

“That law was passed. It is now a matter of domesticating it. By next financial year, we should have express penalties for trucks that flaunt weighbridge laws,” he said.

William Busuulwa, the Uganda National Transport Alliance (UNTA) chief, welcomed the amendment but called for harmonisation of EAC and COMESA laws.

“We (UNTA) are fine with the express penalty, but weighbridges are ineffective and will continue to be until UNRA and the Uganda Revenue Authority harmonise who should manage them,” he said.

“We feel that since URA collects taxes but also releases overloaded trucks, it should manage weighbridges, whilst UNRA and the Police offer support staff.”