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Traffic and Road Safety (Prohibited Drugs and Alcohol Limit) Regulations

Current version · as at 31 March 2023
Enacted2023
Commenced—
Last amended—
Point-in-time consolidation · as at 31 March 2023. This page may not reflect amendments made after that date. Confirm the current position against the latest Uganda Gazette before relying on it.

About this Act

A full descriptive summary for this Act has not been recorded yet.

Jurisdiction
Uganda
Type
Principal Legislation
Status
In force
Language
English

Full text of the Act

0 parts · 2 sections

Enhanced Annotated View adds approved, source-linked propositions, operative requirements, judicial passages, related provisions, amendment notes and authority status. Choose Original PDF to inspect the source consolidation.

Uganda

Traffic and Road Safety (Prohibited Drugs and Alcohol Limit) Regulations

[This is the version of this document at 31 March 2023.]

5. Testing

a person suspected of driving under the influence of alcohol The Traffic and Road Safety (Prohibited Drugs and Alcohol Limit) Regulations, 2023 (Under section 178 (2) (m) of the Traffic and Road Safety Act, Cap 361)

IN EXERCISE of the powers conferred upon the Minister responsible for transport by section 178 (2) (m) of the Traffic and Road Safety Act, these Regulations are made this 14th day of March, 2023.

These Regulations may be cited as the Traffic and Road Safety (Prohibited Drugs and Alcohol Limit) Regulations, 2023.

In these Regulations, unless the context otherwise requires-

"Act" means the Traffic and Road Safety Act, 1998, Cap 361;

"designated parking area" includes a police station, yard and a private licenced parking area;

"towing" means the act of drawing or pulling of a motor vehicle behind a trailer or engineering plant or motorcycle or bicycle by a chain or line;

"vehicle" includes a machine or implement of any kind drawn or propelled along roads whether by animal, mechanical, electrical or other motive power;

"yard" means a piece of land for the use and accommodation of impounded vehicles under the direct control of the City Authority, local government or its agent.

For the purposes of section 111 (1) and (3) of the Act, the "prescribed limit" of the blood alcohol level beyond which a person is not allowed to drive- (a) a vehicle; except a vehicle referred to in regulation 3 (b), is 50 milligrams of alcohol in 100 millilitres of blood; and (b) a public service vehicle, an ambulance or a goods vehicle; is 20 milligrams of alcohol in 100 milliliters of blood.

For the purposes of section 111 (1) and (3) of the Act, the "prescribed limit" of the breath alcohol level beyond which a person is not allowed to drive- (a) a vehicle; except a vehicle referred to in regulation 4 (b), is 25 milligrams of alcohol in 100 millilitres of breath; and (b) a public service vehicle, an ambulance or a goods vehicle; is 10 milligrams of alcohol in 100 milliliters of breath.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Definition

This section supplies the definitions or statutory meaning governing “Testing”.

“a person suspected of driving under the influence of alcohol The Traffic and Road Safety (Prohibited Drugs and Alcohol Limit) Regulations, 2023 (Under section 178 (2) (m) of the Traffic and Road Safety Act, Cap 361)”
Primary legislation Source quotation matched
Practical effect

Use this definition when interpreting other provisions that employ the language addressed by “Testing”.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

5
  1. "Act" means the Traffic and Road Safety Act, 1998, Cap 361;
  2. "designated parking area" includes a police station, yard and a private licenced parking area;
  3. "towing" means the act of drawing or pulling of a motor vehicle behind a trailer or engineering plant or motorcycle or bicycle by a chain or line;
  4. "vehicle" includes a machine or implement of any kind drawn or propelled along roads whether by animal, mechanical, electrical or other motive power;
  5. "yard" means a piece of land for the use and accommodation of impounded vehicles under the direct control of the City Authority, local government or its agent.
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

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

Related provisions
Traffic and Road Safety Act
Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history

5. Testing a person suspected of driving under the influence of

alcohol stop a driver of vehicle who is suspected to be driving under the influence of alcohol and conduct a breath analyser test.

(2)

Where a driver tested under subregulation (1) disputes the results of a breath analyser, a police officer may cause the arrest and escort the driver to the nearest hospital, clinic or government analytical laboratory for a medical test within twelve hours from the time of the arrest.

(3)

The medical test conducted under subregulation (2), shall be at the cost of the driver. arrest and escort the driver of a vehicle who is suspected to be driving under the influence of prohibited drugs to the nearest hospital, clinic or government analytical laboratory for a medical test.

(2)

For the avoidance of doubt, reference to drugs under this regulation means drugs prohibited under the Narcotic Drugs and Psychotropic Substances (Control) Act, 2016 and the National Drug Policy and Authority Act and includes pharmaceutical drugs and prescribed drugs.

(1)

A police officer in uniform may impound a vehicle by- (a) clamping or towing the vehicle; or (b) requiring the person driving the vehicle and whose blood alcohol concentration level exceeds the prescribed limit under these Regulations or who is under the influence of prohibited drugs, to park the vehicle in a designated parking area.

(2)

The Uganda Police Force or its agent shall retain possession of a vehicle impounded under subregulation (1) until the driver or owner has- (a) paid the prescribed fine or presented a court order for the release of the vehicle; (b) presented a medical certificate confirming that his or her blood alcohol concentration is below the prescribed limit; (c) presented proof of payment of the parking fees; and (d) paid the costs incurred by the Uganda Police Force or the agent as a result of the default.

(3)

The costs of impounding a vehicle and the parking fees referred to in subregulation (2) (c) and (d) shall conform to current market rates at the time of disbursement by the Uganda Police Force or its agent.

(4)

Where, after a vehicle has been impounded in accordance with subregulation (1), the driver or owner of the vehicle fails to pay the fees or costs referred to in subregulation (2), the Uganda Police Force may sell off the vehicle by public auction in accordance with the provisions of the Police Act.

(5)

The public auction referred to in subregulation (4), shall be authorised by a court with competent jurisdiction, determined by the value of the vehicle to be auctioned.

(6)

Where a vehicle is impounded under these Regulations, a police officer shall not be responsible for any damage that may have been reasonably occasioned to the vehicle in the process of clamping, towing or impounding of the vehicle.

(7)

Where, at the time of impounding of a vehicle under these Regulations, the vehicle was carrying a passenger, the police officer shall enable the passenger to board an alternative vehicle without undue delay.

(1)

Where a vehicle impounded under regulation 7 is not claimed, or the expenses of impounding and parking the vehicle are not paid by the owner or driver within three months from the date of impounding, the Uganda Police Force shall cause a notice of its intention to sell the vehicle by public auction, to be published in the Gazette and in at least two newspapers of nationwide circulation.

(2)

The Uganda Police Force may sell off the vehicle by public auction in accordance with the provisions of the Police Act after thirty days from the date of the notice published under subregulation (1).

(3)

The person to whom the vehicle is sold under this regulation, shall become the lawful owner of the vehicle.

(4)

The proceeds of a sale under subregulation (2), shall be applied to the payment of the impounding costs, parking fees and charges related to the sale, including the costs of the advertisement, and the residue, if any, shall be payable to the former owner of the vehicle.

(5)

Where the former owner cannot be found, the proceeds of sale due to the former owner shall be deposited in the Consolidated Fund, or in court, if the sale was conducted under a court order.

The Traffic and Road Safety (Prescribed Alcohol Limit) Regulations, 2004 are revoked.

GEN. EDWARD KATUMBA WAMALA, Minister of Works and Transport

Cross references The Narcotic Drugs and Psychotropic Substances (Control) Act, 2016 The National Drug Policy and Authority Act, Cap. 206

Original Laws of Uganda consolidation (as at 31 March 2023) — public-domain legislation, consolidated by ULII / Laws.Africa (CC BY 4.0). This is a point-in-time text and may not reflect later amendments; confirm against the latest Uganda Gazette before relying on it.