I wish to extend my heartfelt sympathies to all Ugandans who have been adversely affected by the on-going countrywide industrial action in the mass public transport sector. As we deliberate on this crisis and the plausible solution, its imperative that we revisit the policy statement and Bill for an ordinance that I tabled before the Authority way back in April 2013 POLICY STATEMENT ON THE MANAGEMENT OF THE TAXI INDUSTRY IN KAMPALA. (Presented to the Authority Meeting held on 25th April 2013) One of the core functions of the Authority under S.7 of the Kampala Capital City Act No.1 of 2011 is to formulate policies and set service delivery standards in all sectors of the city administration. Needless to mention that such policies must be backed up by the law enacted by the relevant organs of government, inclusive of the Authority ordinances made under S.8 of the KCCA Act. You will recall that immediately upon my investiture as the Lord Mayor of this great city I rolled out a broad program for policy formulation which inter-alia involved extensive consultations with various stakeholders. It was precisely on that premise that my office prepared a policy framework to regulate this vital sector and the same was presented in the Authority Meeting of the 23rd August 2011 for consideration and adoption. It’s however regrettable that the said policy document was never accorded the due attention it deserved as the Executive Director maintained a firm position that UTODA’s contract to manage the taxi parks was still valid until 2014. Of course the matter was eventually settled by court on 30th January 2012 under Misc. Cause No. 137 of 2011. But even when I subsequently convened a meeting on 7th March 2012 to deliberate on the same matters, it flopped for want of quorum. On the 8th day of March 2012, which is incidentally a public holiday (women’s day), the Executive Director, together with the Chairpersons of the Revenue and Audit Committees called a press conference and issued what was purported to be the policy guidelines for the management of Taxi Operations in Kampala. In Particular, they imposed an arbitrary sum of Ugx. 120,000/= on each Taxi operator and established what was termed as the “interim KCCA Taxi Management Committee” to handle all matters in connection therewith. A group of aggrieved Taxi Owners and Drivers led by One Mustapha Mayambala filed a case in the High Court of Uganda wherein they challenged the said press statement; vide Misc. Cause No. 60 of 2012. In his ruling delivered on 10th April 2013, the trial judge nullified the said levy of Ug.Shs.120,000/= and the Interim Taxi Management Committee on the grounds that the said decisions were not made by the Authority headed by the Lord Mayor. The judge further guided on page 10 of his ruling as follows:- “Time has come for all stakeholders of the public service transport sector in the Metropolitan area of Kampala and its surrounding districts, involving government, regulatory authorities, public service vehicles providers and consumers to meet and discuss a sector wide policy that will inform and govern any reforms and reviews that may eventually lead to a legislation that addresses all stakeholders and public interests in this area, in a beneficial way”. I believe the primary obligation to craft a comprehensive policy framework as suggested by the judge rests with the Metropolitan Planning Authority which is yet to be established by the Minister for Kampala under the provisions of section 21 and 22 of the KCCA Act. Nevertheless, the Authority is enjoined under S.8 of the KCCA Act to pass ordinances to regulate such vital sectors like the Taxi Industry. The same powers are provided for under Section 7 and the 3rd Schedule to the KCCA Act. It’s against that background that my office invoked the provisions of section 11(1)(e) of the KCCA Act to kick start the process of developing new policy guidelines. Accordingly, a stakeholders’ meeting was convened on 16th April 2013 in the Authority Hall to generate ideas that would inform the said process. It was attended by among others the Authority Councilors, MPs from Kampala, Mayors of Division Urban Councils, Leaders of various Associations of Taxi Owners and Drivers, representatives of various stages and passenger associations. After a careful study of all the information gathered, coupled with our past experience, I believe it would be detrimental for us to revert to the old system of contracting out management of this sector to a single service provider. Mobilizing the Taxi owners and drivers to form one umbrella association to partner with the Authority would be the plausible option but it is equally untenable given the irreconcilable differences within their multiple associations. Inevitably, we have to devise a new mechanism that would address the challenges we have encountered before. Accordingly, we have no choice but to repeal the obsolete Local Governments (Kampala City) (Taxi Parks) Bye-law, Statutory Instrument No. 243-27 which was enacted way back in 1975 but still existing on our statute book as a dormant legal instrument. Hon. Members, it is my honor and privilege to present before you a bill for an Ordinance under Section 8(6) and (11)(1)(e) of the KCCA Act to regulate the Taxi operations in Kampala which I implore you to consider and pass for the good of our City. For God And My Country Lukwago Erias LORD MAYOR A Bill for an Ordinance No. ………… of 2013 THE KAMPALA CAPITAL CITY (TAXI MANAGEMENT) ORDINANCE, 2013 Regulation PART I- PRELIMINARY 1. Citation 2. Interpretation 3. Application PART II- TAXI MANAGEMENT 4. Authority Committee 5. Composition of the Authority Committee 6. Tenure of office of the Authority Committee 7. Constitution of the Taxi Operators’ Leadership 8. Composition of the Taxi Executive Committee 9. Tenure of office of the Taxi Operators’ Leaders 10. Disciplinary Matters 11. Register of the Taxi Operators 12. Gazetting of the Taxi Stages 13. Stage or Route Identity 14. Solid Waste Management & Renovations 15. Taxi Fares 16. Baggage / Property left in Taxis 17. Taxi Park Offices 18. Passengers to stand in queues 19. Care to be exercised while using parks 20. Protection from liability 21. Periodical Reports PART III: KCCA TAXI LEVY AND STICKER 22. Taxi Levy 23. Taxi Sticker 24. Qualifying conditions for exemption 25. Notification of the Authorized officer on exemption PART IV- ENFORCEMENT PROVISIONS 26. Compliance and Enforcement 27. Repeal SCHEDULES First Schedule Second Schedule A Bill for an Ordinance No. ……………… of 2013 THE KAMPALA CAPITAL CITY (TAXI MANAGEMENT) ORDINANCE, 2013 IN EXERCISE of the powers conferred on the Authority by section 8 of the Kampala Capital City Act, 2010, No.1 of 2011 this Ordinance is made this ……………day of………………2013. PART I- PRELIMINARY 1. Citation This Ordinance may be cited as the Kampala Capital City (Taxi Management) Ordinance, 2013 2. Interpretation In this Ordinance, unless the context otherwise requires-- “Act” means the Kampala Capital City Act No.1 of 2011 “Authority” mean the Kampala Capital City Authority as established by the Kampala Capital City Act, 2010 “Authority Committee” means the Taxi Monitoring Committee established under these ordinances. “Authorized Officer” means a staff of the Authority or person assigned by the Authority to enforce this Ordinance. “Capital City Area” means the whole expanse of Kampala capital city as defined in the Schedule to the Kampala Capital City Act, 2010. “Driver” means a person who drives or is in actual physical control of a 14-seater passenger service vehicle or Taxi or coaster. “KCCA Taxi Sticker” means a Sticker or such similar certification issued under this Ordinance. “Taxi” Means a 14 – seater passenger service vehicle and coasters of whatever capacity but shall not include special hire cabs. “Taxi Operators” shall include Taxi Owners, Drivers and Conductors. “Taxi Operators” Leadership” shall include all members of the Central Taxi Executive Committee (TEC) and all stage Leaders. “Taxi Owner” means the person who has the responsibility for the vehicle and includes its registered owner, equitable owner, or agent of the owner. “Taxi Levy” means the dues established and levied under these Ordinance. “Taxi Park” means the old and New Taxi Parks in Central Division and such other gazette Taxi Parks owned and/or controlled by the Authority. 3. Application These Ordinance shall apply to all 14-seater passenger service vehicles of Taxis and coasters of whatever capacity operating in the Kampala Capital City Area. PART II - TAXI MANAGEMENT 4. Authority Committee There shall be established an Authority Committee under S.16(1) of the Act to regulate, control, organize and monitor all Taxi Operations in Kampala. 5. Composition of the Authority Committee The committee shall be referred to as the Taxi Monitoring committee (TMC) and shall consist of a chairperson, Vice Chairperson and three other members, all of whom elected by the Authority from amongst its members in accordance with S.16 of the Act and the Rules thereunder. 6. Tenure of Office of the Authority Committee Members A member of the Taxi Monitoring Committee shall hold office for one year and is eligible for re-election. 7. Constitution of the Taxi Operators’ Leadership The Taxi Monitoring Committee shall organize the leadership structure for the taxi operators in all taxi parks and stages. 8. Composition of the Taxi Executive Committee For the proper management of the affairs of taxi operators, there shall be a central Taxi Executive Committee (TEC) consisting of a Chairperson, Vice Chairperson, Secretary, Treasurer, Spokesperson and six other members duly elected by the taxi owners and operators in accordance with the guidelines made by the Taxi Monitoring Committee. 9. Tenure of office of the Taxi Operators’ Leaders Members of the Taxi Executive Committee and stage leaders shall hold office for a period of two years and shall be eligible for re-election. PROVIDED that the Taxi Executive Committee shall in consultation with the Taxi Monitoring Committee prepare rules and regulations that will govern their internal management or administration. 10. Disciplinary matters The Taxi Executive Committee shall handle all disciplinary matters and disputes amongst taxi owners and operators as well as complaints from passengers and shall be the official mouthpiece for the Taxi operators. 11. Register of the Taxi Operators The Taxi Executive Committee shall in consultation with the Taxi Monitoring Committee compile and update a register for all the Taxi operators and issue them with the necessary identifications. PROVIDED that a copy of such register shall be submitted to the relevant directorate of the Authority. 12. Gazetting of the Taxi Stages The Directorate responsible for transport shall in liaison with the Taxi Monitoring Committee and the Taxi Executive Committee gazette taxi stages in all parts of Kampala and establish a data bank for all stages and taxis operating in Kampala. 13. Stage or Route Identity Each stage or route shall have a distinct mark or code number which shall be inscribed on the body of each taxi. 14. Solid waste management and Renovations The Authority shall be responsible for garbage collection and renovation of the Taxi Parks but the taxi operators’ leadership shall enforce all Regulations on cleanliness; and each taxi shall carry a trash can or bag for the storage of commercial solid waste generated by the passengers on board. 15. Taxi Fares The Taxi Executive Committee shall in consultation with the Taxi Monitoring Committee prescribe taxi fares payable by passengers on each route or stage in Kampala. 16. Baggage/Property left in taxis Where baggage or property is left accidentally in a Taxi, the driver shall be expected to report the incident to the Taxi operators’ Leadership. 17. Taxi Park Offices The Taxi Executive Committee shall be responsible for the day to day management of the taxi park offices. 18. Passengers to stand in queues All persons shall be expected to stand in queues or line while waiting or boarding Taxis. 19. Care to be exercised while using parks A taxi driver shall not use the motor vehicle in such a manner that will endanger or be a nuisance to other Taxi Park users. 20. Protection from liability It is the duty of all Taxi drivers to exercise due diligence as the Authority shall not be held liable for any loss of property, injury or damage to any person, taxi or any other property. 21. Periodical Reports The Taxi Monitoring Committee shall submit periodical Reports to the Authority as provided under the law or as and when required to do so. PART III: KCCA TAXI LEVY AND STICKERS 22. Taxi Levy and Stickers Each Taxi Operator shall be required to apply for a monthly sticker in such a form as prescribed by the Authority pursuant to the provisions of these Ordinance. A person who desires to obtain or renew a KCCA Sticker shall submit to the Directorate responsible for Revenue Collection of the Authority: (a) a fully completed and signed application form prescribed in the First Schedule to these Ordinance, as may be amended from time to time; (b) a copy of the Log Book or its equivalent as may be prescribed by the Uganda Revenue Authority, of the Vehicle in respect of which the application for the KCCA Sticker is made; and (c) payment of a prescribed monthly dues or Taxi Levy of Ug. Shs.70,000/=. 23. Taxi Sticker (1) The KCCA Taxi Sticker, as issued, shall be available on request by an authorized officer or members of the Taxi operators’ leadership. (2) The KCCA Taxi Sticker shall be displayed at all times in a clearly visible location on the windscreen of the Taxi. (3) The KCCA Taxi Sticker shall expire on the lapse of the period for which it has been issued. 24. Qualifying Conditions for Exemption A Taxi shall be exempt from payment of a monthly Taxi Levy under the following circumstances: a) where the taxi is in a poor mechanical condition and is either in the garage off the road or not in use, for a period of for more than five days in each month and such a condition has been brought to the attention of the Authorized officer through the Taxi Executive Committee. b) where the taxi has been withheld by debt collectors on account of loan obligations, for such period as may not have been paid for and a notification has been made to the Authorized officer through the Taxi Executive Committee prior to the period of default or within seven days after the start of the period in question; c) where the Taxi is involved in an accident and there is a police report to that effect, which in any case has occurred at such a time before the liability fell due; or d) any other reasonable cause ascertained and confirmed by the Taxi Executive Committee. 25. Notification of the Authorized officer on Exemption Where the Taxi owner or driver intends to seek for the exemption referred to under sub regulation (6) a notification shall be made to the Authorized officer within 7 days from the occurrence of the qualifying condition. PART IV- ENFORCEMENT PROVISIONS 26. Compliance and Enforcement (1) Any person, whether a Driver or Owner of a Vehicle, who contravenes or refuses to comply with any of the provisions of these Ordinance commits an offence and shall be liable to pay a fine of………………………... (2) All stage leaders and members of Central Taxi Executive Committee shall assist in the enforcement of these Ordinances but shall not be treated as Employees of the Authority and their remuneration and operational costs shall be drawn from contributions by the Taxi community as shall be agreed upon in their assembly. (3) Subject to sub regulation (1) above, where any Driver or Owner of a taxi is convicted of any offence under these Ordinance, he or she shall be liable on conviction to pay a fine of not more than……………………… or to a term of imprisonment not less than……………………………………. or both. 27. Repeal The Local Governments (Kampala City) (Taxi Parks) Byelaws, SI 243 – 27 is hereby repealed. PASSED by the Kampala Capital City Authority on the _____day of _______________ 2013. I HEREBY signify my hand this _______ day of _______________________ 2013. Lukwago Erias Lord Mayor, Kampala Capital City FIRST SCHEDULE SECOND SCHEDULE
Posted on: Mon, 25 Aug 2014 08:23:33 +0000
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