Lawyers question legality, fairness of new traffic fines in suspended Auto EPS

Kampala, Uganda: The Uganda Law Society (ULS) has warned government against the recently operationalized Traffic and Road Safety (Express Penalty Scheme) Regulations, 2024, and the Prescription of Speed Limits Regulations, 2025, describing them as unconstitutional, legally flawed, and socially punitive.

Speaking to the media on Thursday, June 12, 2025, at the weekly RNB press and public engagement, the ULS Vice President, Mr Asiimwe Anthony, castigated the Ministry of Works and Transport for enforcing regulations that lacked public consultation and violated fundamental principles of due process and constitutional rights.

“The enactment of legal instruments that materially affect citizens without consultation offends the principles of transparency, accountability, and participatory governance under Article 38 of the Constitution,” Asiimwe stated.

The lawyer’s body raised serious concerns over the implementation of the Traffic and Road Safety (Express Penalty Scheme) Regulations, criticizing the government for rolling out the measures without adequate public consultation.

According to ULS, motorists, legal experts, civil society actors, and even Parliament were sidelined during the drafting process. The lawyers’ body also faulted the regulations for violating the principle of personal liability by penalizing vehicle owners regardless of who was driving, posing major fairness concerns for shared, hired, or company-owned vehicles.

Additionally, ULS warned that the new regulations conflict with the existing 2004 Rules of the Road, causing legal uncertainty. The society also condemned the 72-hour fine payment deadline and the 50% surcharge as arbitrary and unfairly punitive to low-income earners.

It further noted that barring individuals with unpaid fines from renewing driving licences or leaving the country infringes on constitutional rights to liberty and movement. ULS also labeled the imposed penalties, some starting from UGX 200,000 for minor traffic infractions, as excessive, economically exploitative, and disproportionate to the offences.

Subsequently, the Radical New Bar is now calling for an urgent, inclusive review of the new traffic regulations involving all key stakeholders, and also called up the Parliament to invoke its oversight role under Article 79 of the Constitution to ensure that the statutory instruments conform to Uganda’s legal framework and do not impose arbitrary burdens on the public.

“Any efforts at improving road safety must be pursued within the confines of legality, due process, and respect for fundamental rights,” Mr Asiimwe emphasized.

Background of the Auto EPS

The Express Penalty Scheme (EPS) auto-enforcement model, now suspended for at least a month after public outcry, stems from amendments to the Traffic and Road Safety Act, which were passed by Parliament in 2020 and later updated through statutory instruments in 2024 and 2025.

The EPS system automates the detection and penalization of traffic offences such as speeding and driving without valid documents.

The system rollout, which began two weeks ago, has drawn mixed reactions from the public, with some lauding its role in reducing reckless driving, while others have questioned the integrity of enforcement mechanisms and potential abuse by traffic officials.

But President Museveni, while addressing the nation on Thursday, slammed the officials behind the Auto EPS, arguing that the primary purpose of digital number plates and the whole Intelligent Transport Monitoring System (ITMS) is national security, not revenue collection through outrageous traffic fines.

“I saw some news about the digital number plates and fines. But the issue is not fines—it’s anti-crime,” Mr Museveni said. “The confusion may have come because we didn’t have the money upfront, so we asked the implementers to recover their costs from offenders. But the focus is not money or fines. It is security,” he added.