The Commission undertook a study to review the Uganda Railways Corporation Act, Cap. 331 (URC Act) with a view to making the law responsive to the prevailing dynamic needs of Uganda which is characterized by rapid economic, social and cultural developments.
Railway transport provides an efficient mode of transportation, which if well developed has the potential to transform and boost the socio-economic investment climate and reduce the costs of doing business.
The Uganda Railways Corporation Act of 1992, repealed the Uganda Railways Corporation Decree of 1977. The Act was enacted to provide a framework for the administration and management of railway transport. The Act establishes the railways corporation, with functions, administration, legal responsibilities as a carrier and warehouse, carriage of passengers, language and goods. The Act also provides for offences and penalties.
Since the enactment of the Act in 1992, there have been developments both national and regional that have rendered the Act ineffective to govern railway transport in the country. For example, the offences and penalties under the Act are inadequate and non-deterrent. Further, there are some new trends and best practices that have emerged globally which are not comprehensively addressed in the Act.
The overall objective of the review was to make proposals for reform to put in place a modern and more cohesive framework for railway transport regulation.
The study focused on the following issues: (i) outdated institutional, legal and regulatory framework; (ii) enhancing private sector participation and competition; (iii) facilitating cross border railway services; (iv) investigation of railway accidents and serious incidents; and (v) dispute resolution mechanisms for railway disputes.
The study established that there is lack of coordination and uncertainty of roles among the different actors; the need to streamline management; and reform of the Uganda Railways Corporation Act to take into consideration Uganda’s international and regional obligations and commitments. Further, the study established the need for an independent regulator to control and regulate matters relating to safety and economic regulation, competition, abuse of monopoly power and protection of the interests of consumers, the need to establish a forum for dispute resolution for the railway subsector and the need to put in place safety measures for the railway industry.
Recommendations
The Act should be amended to provide for enhanced penalties for offences under sections 89 and 90 of the Act;
a) The law should introduce new offences for trespass on railway, fare evasion, assault of staff, damaging trains and endangering safety of rail users and intoxication or drunkenness of passengers and employees on board the train;
b) The law should establish a railway regulator to oversee safety, economic and the regulation of competition.
c) The law should specifically provide for the adoption and use of alternative dispute resolution mechanisms like arbitration, mediation, negotiation and conciliation for addressing complaints or disputes arising from operation of railway transport in Uganda;
d) The Minister in charge of transport should appoint the chief inspector of rail accidents, inspectors of rail accidents and other staff.
The law should provide for safety measures to be followed in railway use and consequences of contravening the safety measures.
e) The study was completed in 2020, and recommendations submitted to the Attorney General and Minister of Justice and Constitutional Affairs for implementation.
The study was published in a report which available for download on the Commission website;
www.ulrc.go.ug
Review of the Railways ACT, CAP, 331
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Completed Projects