WHAT THE LAW SAYS ABOUT RAILWAYS IN UGANDA.

Over the weekend, there was an unfortunate accident between a train and a car and 3 lives were lost. It has started the debate on what should have been done to protect the public and if the railway corporation is doing enough to protect other road users. Here are a few things the law says about railways crossing public roads.

WHO IS IN CHARGE OF THE RAILWAYS?

The law says that the Uganda Railways Corporation is responsible for the construction, operation, and maintenance of railways in Uganda. It can be sued by any person if there is any legal failing on their part.

DOES THE LAW PROVIDE FOR SAFETY ON THE RAILWAY?

The law says that the railway corporation is responsible for making sure that the way a railway crossing is placed on a public road does not endanger the safety of the public. This can be by using gates or barriers to protect the public who use those roads. If possible (if the cost allows), the railway should be either above or below the public road so that the public and the train do not meet by using different roads.

CAN YOU SUE THE CORPORATION IF THERE IS A RAILWAY ACCIDENT INVOLVING OTHER ROAD USERS?

We have said that the Uganda Railway Authority is responsible for putting in place safety precautions and measures. However, even if all these safety precautions have not all been implemented, the law says that the train retains the right of way at these crossings and the Uganda Railways Corporation is not held responsible for damages or losses and shall not be held liable if any member of the public fails to keep off the train track.

Therefore, even if the train has right of way, one can sue for negligence incase of an accident if there were no safety precautions to warn him/her that there was a railway line in that area.

📷:Unsplash

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