Traffic and Road Safety (Digital Networks) Regulations

1. These Regulations may be cited as the Traffic and Road Safety (Digital Networks) Regulations, 2023.

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

1. "Act" means the Traffic and Road Safety Act, 1998, Cap 361;
2. "Commissioner" means the Commissioner responsible for transport regulation and safety the Ministry responsible for transport;
3. "Competent Authority" means the department of transport regulation and safety in the Ministry responsible for transport;
4. "currency point" has the value assigned to it in Schedule 1 to these Regulations;
5. "digital network" means a set of communications standards for the simultaneous digital transmission of voice, video, data

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

1. (2) A person who contravenes subregulation (1) commits an offence and is liable, on conviction, to a fine not exceeding thirty currency points or to imprisonment not exceeding two years or both.
2. (3) An operator for an online digital platform or network shall operate in accordance with the Act, these Regulations and the terms and conditions of the licence issued under these Regulations.

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

1. (3) An application made under subregulation (1), shall be accompanied by-
2. (a) a detailed description of the product or service and its operations;
3. (b) a business plan with financial projections for the first ten years demonstrating that the applicant is able to employ appropriate and proportionate systems, resources and procedures to operate soundly for a three-year period;
4. (c) a risk management framework with a data recovery plan, cyber security plan and a network backup system plan in case of failure of the original system and business continuity arrangements that are appropriate and adequate;
5. (d) a certified copy of the incorporation documents of the applicant or copies of the national identification card, in case of an individual;
6. (e) the tax identification number and a copy of a tax clearance certificate from the Uganda Revenue Authority;
7. (f) a certified copy of an electronic systems licence and the certificate of the software from the National Information Technology Authority Uganda;
8. (g) proof of payment of the application fees prescribed in Schedule 3 to these Regulations;

5 further items remain in the statutory text above.

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

1. (2) A licence granted under subregulation (1), shall be in Form B set out in Schedule 2 to these Regulations.
2. (3) The Competent Authority may grant a licence subject to such conditions as the Competent Authority may consider necessary and may, from time to time, add, vary or substitute the conditions as it deems appropriate.
3. (4) Where a decision is made to grant a licence under subregulation (1), the applicant shall pay the licence fees prescribed in Schedule 3 to these Regulations.
4. (5) Where the Competent Authority declines to grant a licence to the applicant, the Competent Authority shall, within thirty days, notify the applicant of its decision and specify the reasons for the refusal in writing.
5. (6) An applicant aggrieved by the decision of the Competent Authority under subregulation (5), may appeal to the Minister within thirty days from the date of the decision.

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

1. A licence granted under regulation 6 shall be valid for the duration specified in the licence.

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

1. Subject to regulation 7, a licensee under these Regulations shall obtain an annual compliance certificate issued by the Competent Authority, certifying that the licensee has complied with the provisions of these Regulations and the terms and conditions specified in the licence.

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

1. A person issued with an online digital network operator's licence under these Regulations shall comply with Part V of the Uganda Communications (Licensing) Regulations, 2019 in respect of transporting goods or offering courier services.

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

1. (1) A licence shall authorise the licensee to provide the services or activities specified in the licence.
2. (2) The Competent Authority may modify, renew, suspend or revoke a licence.
3. (3) A licensee shall not operate or permit the provision of services in a manner which is inconsistent with the terms and conditions of the licence, these Regulations or the Act.
4. (4) The Competent Authority may include in a licence, all or any of the following conditions as applicable- (a) technical conditions of the system; (b) restrictions on subcontracting; (c) conditions for the imposition by the Competent Authority of a penalty, fine or sanction, where the licensee does not comply with specified technical, quality and general delivery standards; and (d) any other condition as the Competent Authority may consider appropriate or expedient.

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

1. A person granted a licence under these Regulations shall (a) be bound by all the terms, commitments, offers, presentations, proposals, plans and obligations stated in the application for licence and the licence; and (b) ensure the accuracy of the information and representation submitted in the application for a licence.

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

1. (1) A licensee may apply to the Competent Authority for modification of the conditions of a licence where a clause or condition in the licence has become unduly onerous and is impacting negatively on the licensee's ability to fulfil the licensee's obligations under the licence.
2. (2) Where the Competent Authority is satisfied that it is reasonable and just to modify the condition of licence, the Competent Authority may modify the conditions in the licence.

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

1. (1) An application for renewal of a licence shall be made at least two months before the expiration of the licence.
2. (2) An application for renewal of a licence shall be in Form A set out in Schedule 2 to these Regulations and shall be accompanied by the prescribed fee in Schedule 3 to these Regulations.
3. (3) In considering an application for renewal of a licence, the Competent Authority shall have regard to the performance of the licensee during the term of the licence.
4. (4) The Competent Authority may renew a licence within thirty days from the date of receipt of a complete application.
5. (5) The Competent Authority may renew a licence on such terms and conditions as it may deem fit.
6. (6) Where the Competent Authority declines to renew a licence, it shall within fourteen days of the decision, provide a written explanation to the applicant giving reasons for the refusal.

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

1. (1) The Competent Authority may, in accordance with the Act, these Regulations and the terms and conditions of a licence, suspend or revoke a licence on the following grounds- (a) serious or repeated breach of the terms and conditions of the licence; (b) fraud or intentional misrepresentation by a licensee in the application for a licence or in any statement of fact;
2. (c) where the licensee has ceased to be an eligible person; and (d) where the Competent Authority deems it appropriate in the public interest to revoke or suspend a license.
3. (2) Without limiting the general effect of subregulation (1), the Competent Authority shall revoke a licence- (a) for false statements knowingly made, either in an application for the licence or in any statement of fact; (b) for conditions brought to the attention of the Competent Authority, which warrant refusal to grant the licence in an original application; (c) for wilful or repeated failure to operate in accordance with the licence; (d) for wilful or repeated failure to comply with the Act or Regulations made under the Act; or (e) for violation of or failure to observe any cease and desist order issued by the Competent Authority.
4. (3) The Competent Authority may issue to a licensee, a cease and desist order where the licensee- (a) fails to operate substantially as provided in the licence; or (b) violates or fails to comply with the Act or these Regulations.
5. (4) The Competent Authority shall, before suspending or revoking a licence, give the licensee written notice of not less than thirty days, specifying the reasons for the intended suspension or revocation, during which the licensee may make representations to the Competent Authority.
6. (5) The Competent Authority shall, after consideration of any representations made by the licensee, require the licensee to remedy the offending act or conduct within thirty days from the date of the notice issued under subregulation (4).
7. (6) Where the Competent Authority is of the opinion that the measures taken by the licensee under this regulation are not sufficient, the Competent Authority may- (a) suspend the licence for a specified period; or (b) revoke the licence.
8. (7) The Competent Authority may, before revoking a licence or issuing a cease and desist order, serve upon a licensee, notice requiring the licensee to appear before the Competent Authority and show cause why an order of revocation or a cease and desist order should not be issued.

5 further items remain in the statutory text above.

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

1. (1) Where the Competent Authority has reason to believe that an operator of an online digital network or licensee is contravening or has contravened these Regulations or any condition of a licence, the Competent Authority shall commence an investigation for the purpose of securing compliance with the Act, these Regulations or conditions of the licence.
2. (2) Notwithstanding subregulation (1), the Competent Authority may investigate any matter relating to a licence- (a) following a complaint by any person that there is a contravention of a term or condition of the licence; (b) arising from an inspection or investigation of any person as part of the performance of the duties of the Competent Authority; or (c) where the Competent Authority obtains information by any other means suggesting that a contravention of a term or condition of a licence may have occurred or is occurring.
3. (3) In determining whether to proceed with investigating a complaint, the Competent Authority shall give priority to matters where- (a) there appears to be an obvious disregard for the law; (b) there appears to be substantial damage arising from the breach; (c) there is likely to be significant harm to the public; (d) successful enforcement by litigation or other means would have a significant deterrent or educational effect; or (e) an important new issue is involved, including a matter arising from economic or technological change.
4. (4) Where the Competent Authority determines that there is reason to believe that there is a contravention of any condition of a licence, the Competent Authority shall, subject to subregulation (6) issue an investigation notice to the licensee.
5. (5) The Competent Authority shall make the decision to issue an investigation notice after giving proper consideration to the merits of the case and deciding whether it has reason to believe that the licensee contravened a condition of the licence, the Act or these Regulations.
6. (6) An investigation notice under subregulation (6) shall state- (a) that the Competent Authority is investigating a possible breach of a condition of a licence; (b) the reasons for the belief of a contravention or breach, including any matter of fact or law which is relevant to the investigation; (c) further information required from a licensee to complete the investigation; and (d) where appropriate, the steps to be taken to remedy the breach.
7. (7) In arriving at a decision on any matter concerning the breach of a condition of a licence, the Competent Authority- (a) may provide an opportunity for public comment on the material issues, through public consultation; (b) shall, where there is public consultation, give full consideration to the public comments received; (c) shall be guided by technical opinions and the Act, where applicable; (d) shall act as expeditiously as proper consideration of the matter may allow, having regard to the need to carefully and quickly inquire into and investigate the breach and all matters affecting the merits and fair settlement of the breach; and
8. (e) may inform itself of any matter relevant to the breach in any way it considers appropriate.

3 further items remain in the statutory text above.

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

1. (1) A licensee may discontinue the provision of an online digital network or platform of public service transport to passengers or goods under these Regulations and shall surrender the licence to the Competent Authority.
2. (2) The surrender of the licence is specified in subregulation (1) shall not release the licensee from the obligations that accrued before the surrender of the licence.

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

1. (1) A licensee who operates an online digital network or platform shall establish and maintain a register of the transport providers and passengers admitted on the digital network of the licensee.
2. (2) A licensee who operates an online digital network or platform shall not grant access to online public service transport to person who is not registered with the licensee and licensed with the Competent Authority.
3. (3) A licensee shall enter into a service agreement with the transport provider stipulating the terms and conditions regulating the relationship between the licensee and the transport provider.
4. (4) A licensee who contravenes subregulation (2) and (3), commits an offence and is liable, on conviction, to a fine not exceeding thirty currency points or to imprisonment not exceeding two years, or both.

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

1. (1) A licensee shall establish a registration system of transport providers and passengers.
2. (2) A registration system established under subregulation (1) shall allow the licensee to conduct a suitability assessment and due diligence on a person before registering the person as a public transport provider or passenger on a digital network or platform.
3. (3) The registration system established by a licensee under subregulation (1) shall-
4. (a) require the registration of the full details of the vehicle to be used on the digital network platform;
5. (b) require the registration of full details of the driver or owner of the vehicle, including a passport photo and a copy of the national identification card, passport number in case of foreigner or refugee identification card number in case of a refugee and the driving licence number where applicable;
6. (c) require the transport provider to read and accept the terms and conditions before gaining access to the online digital platform;
7. (d) be designed in a manner that does not allow an unregistered transport provider or passenger to access the online digital network or platform;
8. (e) be designed in a manner that allows for identification of any person or transport provider registered; and

1 further item remain in the statutory text above.

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

1. (1) A licensee shall assign a unique identifier that is not a phone number or vehicle registration number, to every registered transport provider registered with an operator of an online digital network.
2. (2) The registration system shall prompt the registered transport provider to activate the service by use of a personal identification number or password or any other authentication process at the time of registration.
3. (3) The activation process shall be through a secure messaging system or any other system internationally recognised to ensure the integrity and security of the customer's identity.
4. (4) A licensee shall be responsible for the security and integrity of the entire activation process.

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

1. A licensee shall provide the Commissioner with access rights to its registration system and records to facilitate monitoring of the operations of the licensee

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

1. (1) Subject to subregulation (2), a licensee shall, at least after two months after the end of a calendar year, submit to the Competent Authority information regarding-- (a) the number of registered and active transport providers and passengers on the digital network, with activity counted on the basis of monthly transactions; (b) the activities on its digital network or platform, broken down by type of transaction, including transport of passenger and goods; (c) incidents of fraud, theft or robbery, if any; (d) the number and type of service interruptions and significant security breaches; (e) the number of suspicious transaction reports generated;
2. (f) complaints received, broken down by category and location, including remedial measures taken; and (g) such other information as may be required by the Competent Authority from time to time.
3. (2) Notwithstanding subregulation (1), a licensee shall submit to the Competent Authority, information referred to in subregulation (1) (a) at least five days from the end of every calendar month.
4. (3) Any licensee who, without reasonable cause, fails to comply with this regulation or submits inaccurate information, commits an offence and is liable, on conviction, to a fine not exceeding thirty currency points or to imprisonment not exceeding two years, or both.

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

1. (1) A licensee who operates an online digital network shall establish a backup of its electronic system to ensure that information relating to registration of transport providers and passengers and accounts is recoverable in the case of failure in the parent system.
2. (2) A licensee shall retain the data collected from its customers for at least five years from the date of collection of the data.

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

1. (1) A licensee shall appoint and notify the Competent Authority, in writing, of personnel responsible for handling regulatory requirements, including furnishing information to the Competent Authority.
2. (2) Where there is a change of personnel appointed under subregulation (1), the licensee shall notify the Competent Authority of the new appointment, immediately after the appointment.

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

1. (1) The Competent Authority shall compile and maintain a register of licences issued by the Competent Authority under these Regulations.
2. (2) The register compiled under subregulation (1) shall be kept in such form as the Competent Authority may consider appropriate.
3. (3) Every entry in the register shall state- (a) the contents of every licence; (b) every modification, revocation or surrender of a licence; and (c) any other information as the Competent Authority may determine.
4. (4) The contents of the register shall be available for inspection by the public during normal working hours, upon payment of the fee prescribed in Schedule 3 to these Regulations.
5. (5) The Competent Authority shall, upon application by any interested person, supply a certified copy of the register or an extract from the register, subject to payment of the fee set out in schedule 3 of these Regulations.
6. (6) An extract from a register under this regulation authenticated by the Commissioner shall be conclusive evidence that the information exists on the register.

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

1. (1) A transport provider offering online digital transport services shall mark, label or put an identifier on the registered vehicle, indicating the name or logo of the licensee under whom the vehicle and the transport provider is registered.
2. (2) The marking of the vehicle referred to in subregulation (1), may include- (a) the brand name or logo of the licensee; (b) the use of a beacon; or. (c) any other unique identifying sign or feature.
3. (3) The mark, label or identifier referred to in this regulation shall be approved by the Competent Authority.
4. (4) Subject to subregulation (1), in case of a motorcycle, the marking may be inscribed on the helmet or reflector jacket if it is impracticable to be placed on the motorcycle.

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

1. it may park its vehicles

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

1. A person who, before the commencement of these Regulations is operating or providing online digital transport services shall, within twelve months of the commencement of these Regulations, apply for a licence in accordance with the Act and these Regulations SCHEDULE 1

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

This section states a single governing proposition and does not enumerate separate elements.

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.