The government has started consultations with stakeholders in Uganda’s maritime sector on the proposed regulations that could introduce tighter controls on the construction, registration, licensing and operation of boats on the country’s water bodies.
The regulations are intended to operationalise the Inland Water Transport Act, 2021, which was signed into law by President Museveni in August 2021. The consultations have so far been held in Kalangala District on Lake Victoria and Panyimur on Lake Albert, with the Ministry of Works and Transport planning to extend the exercise to other lakes and rivers.
Mr Robert Ntambi, the commissioner in charge of the maritime department at the ministry is optimistic that the new regulations will improve safety and bring greater order to inland water transport.
He says the proposed regulations cover the quality of materials used in boat construction, assessment of vessels after construction, qualifications of boat operators and how vessels are used in transporting people and goods.
‘These regulations are going to improve safety on the lake, improve adherence to the law by boat operators and passengers in terms of safety, and in general streamline the way inland water transport can be handled,’ he explains.
Licensing shipyards
Under the proposed regulations, the government intends to regulate boat construction from the point where materials are selected to the stage when a vessel is ready for use.
Mr Barnabas Twinomujuni, a maritime surveyor in charge of licensing at the ministry, says boat and shipyard operators would be required to obtain licences, register their construction sites and demonstrate that they have the necessary expertise to construct vessels.
‘Before a boat is put into operation, we ensure the owner of the shipyard or boatyard has quality materials used to make the boat,’ he explains.
The ministry plans to work with the Uganda National Bureau of Standards to establish and regulate standards for materials, including timber used in constructing boats.
People involved in boat construction would also be required to demonstrate their expertise and have their construction sites registered and licensed.
Mr Twinomujuni says existing boat builders would be given a six-month grace period after the regulations come into force to meet the proposed requirements.
Boats to undergo inspection
The proposed regulations would also introduce mandatory boat inspection before they are allowed to operate on any water body. Inspectors would assess construction documents, materials used to build the vessel, its seaworthiness and the availability and quality of lifesaving equipment.
The requirements would include life jackets and other lifesaving equipment appropriate to the size and type of vessel.
‘If we find that the boat is in good condition as per the standards, but lacks lifesaving gadgets, we can’t offer the boat a licence. That is because we realised that some life jackets are in fact life-threatening,’ he says.
The proposed requirements therefore seek to make lifesaving equipment part of the conditions for licensing rather than treating it as an optional safety measure.
Once the boat passes the inspection exercise, a registration certificate , which is valid for five years will be given.
Registration before licensing
After registration, Mr Twinomujuni says one will be allowed to acquire a licence for the boat depending on the activity it will be used for, which is renewed annually.
The proposed licensing system would categorise vessels according to their intended use. For instance, boats transporting tourists are licensed differently from vessels used by fisheries officers or those transporting goods.
The regulations would prohibit a boat from undertaking activities outside the category for which it has been licensed.
However, according to the proposal, boats operated by security organs would be exempted from the licensing requirement.
Mr Twinomujuni says operating an unregistered boat or using a boat without the required licence is criminal and could attract arrest.
Experience is crucial
The proposed regulations would also introduce different qualifications for boat operators depending on the size and complexity of vessels they operate.
Mr Twinomujuni says vessels would be classified as small or traditional boats if they do not exceed 25 tonnes, while those above 25 tonnes would fall under the large-vessel category.
‘Just like it is with cars, you can’t drive a bus yet you trained to drive a small car. The operators must also show proof that they were trained to man these boats,’ he explains.
Those with boat operating experience, but lack formal certification would have to go to the Maritime Education Centre for assessment.
The proposed certification system would have three grades-Coxswain Grade III, Grade II and Grade I.
One seeking Coxswain Grade III certification must be at least 18 years old and demonstrate knowledge of navigation and boat handling. The grade would largely cater for junior crew or co-coxswain duties.
For Grade II, a higher level of experience in navigation and boat handling is needed and one must be at least 23 years. Grade I is the highest level, requiring knowledge of safety, experience in manning boats and the ability to operate vessels of 25 tonnes and above.
However, many stakeholders queried the age requirement.
Traditional boats
The ministry also proposes to distinguish small and traditionally built boats from modern vessels. The intention, according to the officials, is to avoid applying requirements designed for larger and more sophisticated vessels to small traditional boats while still maintaining minimum safety standards.
Six-hour rest requirement
The proposed regulations also seek to address fatigue among boat operators as those involved in long journeys would be required to rest after every six hours of sailing.
This is an attempt to reduce fatigue related accidents. The ministry also proposes requirements governing the repair and maintenance of boats because some vessels have continued operating for years without undergoing proper repairs.
Landing sites to get community oversight
The new regulations would also give landing sites a greater role in enforcing safety requirements.
Each landing site will be required to have a community docking site where boats load and offload passengers and goods. The docking sites would have leadership registered with the Ministry of Works and Transport.
‘The leaders will ensure people adhere to the law. We will also train them on boat quality issues. That way, they will address issues in time,’ Mr Brian Musinguzi, a maritime surveyor at the ministry, says.
The proposed arrangement would effectively create a layer of community-level oversight between boat operators and the maritime authorities.
Loading limits
The regulations would also introduce requirements aimed at preventing overloading. Mr Musinguzi says the system would use a load line to determine the safe loading limit of a vessel.
For example, the measurement of large vessels such as MV Kalangala would follow international standards, while smaller vessels would be assessed using the appropriate domestic requirements.
‘We shall follow the load line when assessing load limits. For instance, when a boat is loaded, water can’t go above the load line, otherwise it is overloaded,’ he says
Stakeholders seek changes
While stakeholders welcome clearer safety requirements, some call for adjustments to the proposed framework.
Mr Jackson Mubiru, a boat operator, asks the ministry to allow them form committees at every landing site to help monitor operations.
‘Basing on the guidelines, every boat will need to be inspected before and after sailing, but the ministry staff are not at every landing site. We request that we have separate leadership from the Beach Management Unit, which concentrates on those involved in fishing,’ he says.
Mr Mubiru also proposes an online system for boat registration and payment of licence fees.
‘We believe this will ease work for the ministry and reduce operation costs,’ he says.
Mr Augustine Kasirye, another stakeholder, calls for clarification on the requirements for vessels exceeding 25 tonnes.
He says the proposed guidelines could create uncertainty over the training and grading requirements applicable to larger boats and urges the ministry to make the provisions clearer.
Passengers also questioned the proposed minimum age and experience requirements for boat operators.
Mr Bambalazabwe Semakula, a fisherman, says an 18-year-old with limited experience should not automatically be considered suitable to operate a boat simply because they meet the minimum age requirement.
‘We request the ministry to look into that and change it because these are people who will cause accidents,’ he says.
He also questions whether the proposed requirements for Grade II operators provide enough experience to safely operate on large and unpredictable water bodies.
‘The weather on the lake changes frequently and this adds to its depth depending on the season. A 23-year-old with only 12 months of experience may fail to man the boat in that circumstance,’ Mr Semakula says, ‘All boat operators know that they need a lot of time to learn the lake. The years of experience ought to be increased to ensure the boat operator has enough experience for the safety of all passengers.’
The concerns are now part of the views the ministry is expected to consider before the proposed regulations are finalised.
For the government, however, the consultations mark an important step towards bringing the 2021 Inland Water Transport Act into operation and establishing a comprehensive regulatory framework covering boat construction, registration, licensing, inspection, crew competence and passenger safety.