FEDERAL ROAD SAFETY COMMISSION ACT

 

EXPLANATORY MEMORANDUM

This Act establishes the Federal Road Safety Commission with responsibility for preventing and minimising accidents on the highways and clearing obstructions on any part of the highways and for educating drivers, motorists and other members of the public generally on the proper use of highways, and to provide for other matters connected therewith

 

 

ARRRANGEMENT OF SECTIONS

PART I — ESTABLISHMENT, FUNCTIONS AND POWERS OF THE COMMISSION

1.     Establishment and composition of the Federal Road Safety Commission, etc.

2.     Tenure of office of members.

3.     Control of policy by the Commission.

4.     Delegation of powers.

5.     Power to make regulations.

6.     Directives of the President.

7.     Director of Road Safety Corps.

8.     Education centre for drivers.

9.     Funds and resources of the Commission.

10.    Accounts and audit.

 

PART II - Establishment, functions and ranks of members of the Road Safety Corps

11.    Establishment and function of the Road Safety Corps.

12.    Ranks of members of the Road Safety Corps.

13.    Route commander.

14.    Declaration of interest by members of the Corps.

15.    Provision of equipment.

16.    Jurisdiction and operational zones.

17.    Immunity and protection of members.

18.    Members to be regarded as person in the public service of the Federation, etc.

19.    Allocation of service members.

20.    Special power of the member of the corps.

PART III - Miscellaneous

21.    Interpretation.

22.    Short title and commencement.

SCHEDULES

First Schedule Proceedings of the Commission

Second Schedule

 

 

FEDERAL ROAD SAFETY COMMISSION ACT

An Act to establish the Federal Road Safety Commission with responsibility for preventing and minimising accidents on the highways and clearing obstructions on any part of the highways and for educating drivers, motorists and other members of the public generally on the proper use of highways, and to provide for other matters connected therewith.

 

 [Commencement.]     (See section 22)

 

 

PART I

Establishment, functions and power of the Federal Road Safety Commission

1.     Establishment and composition of the Federal Road Safety Commission, etc.

(1)    There is hereby established for Nigeria a Federal Road Safety Commission (hereinafter in this Act referred to as “the Commission”) which under that name shall be a body corporate with perpetual succession and a common seal, and may sue and be sued in its corporate name and whose members shall exercise the functions specified in this Act.

(2)    The Commission shall consist of—

(a)    a Chairman and ten other persons to be appointed by the President; and

(b)    the Director of the Corps.

(3)    The provisions of the First Schedule to this Act shall apply with respect to the proceedings of the Commission and the other matters provided therein.

2.     Tenure of office of members

(1)    Subject to subsection (2) of this section, a member of the Commission other than an ex-officio member shall hold office for such period (not exceeding three years) as may be specified in his letter of appointment.

(2)    Notwithstanding anything to the contrary in the letter by which he is appointed, a member of the Commission other than an ex-officio member, may at any time resign his appointment by writing under his hand, a letter addressed to the President and the membership of the person concerned shall terminate on the date of receipt of the letter of resignation.

(3)    The President may at any time remove any member from office if in his opinion it is in the interest of the Commission or of the nation for such member to be removed from the Commission.

 

3.     Control of policy by the Commission

(1)    The Commission shall be charged with the responsibility for—

(a)    the policy making;

(b)    the organisation; and

(c)    the administration, of the Federal Road Safety Corps established by and under section 1 of this Act.

(2)    In particular, it shall be the duty of the Commission to—

(a)    draw up (progressive) programmes of training for members of the Federal Road Safety Corps designed for securing their effectiveness and efficiency in the performance of its functions under this Act; and

(b)    appoint suitable persons as corps marshals, deputy corps marshals, route commanders, road marshals, vehicle inspection marshals and other servants or agents as would in the opinion of the Commission enable it to achieve the objectives of this Act and exercise disciplinary control over persons so appointed.

4.     Delegation of powers

The Commission may, subject to such conditions as it may think fit, delegate any of its powers under this Act to any of its members or to the Director.

5.     Power to make regulations Subject to the provisions of sections 7 and 8 of this Act the Commission may make regulations generally for the carrying out of the objectives of this Act and, in particular, may make regulations relating to—

 

(a)    ranks, pay and allowances of members of the Corps;

(b)    hours of duty and leave of the members of the Corps;

(c)    the procedure and terms of appointment of members of the Corps;

(d)    subject to the provision of this Act, the qualification for appointment of members of the Corps or any ranks and the procedure for promotion to any such rank;

(e)    the maintenance of discipline among members of the Corps;

(f)     the establishment, investigation and certification of driving schools other than those established by the Commission under this Act; and

(g)    implementation of highway regulations made by the States and the Federal Capital Territory, Abuja in respect of the proof of ownership of a vehicle, the registration and licensing of vehicles, the roadworthiness of vehicles and such other matters pertaining to making the highways safe.

6.     Directives of the President

(1)    The President may give directives of a general or a special character to the Commission relating to the performance by the Commission of any or all of its functions under this Act or the policy to be followed by the Commission in the exercise of its functions and it shall be the duty of the Commission to comply with and give effect to any such directives.

 

(2)    The Commission shall furnish the President with such information and returns relating to its current and proposed activities as the President, may, from time to time, require and the Commission shall give the President all facilities for verifying the information or returns so furnished.

7.     Director of the Road Safety Corps

(1)    There shall be a Director of the Corps who shall be appointed by the President and who shall be a person possessing sound knowledge of and ability in the organisation and administration of road traffic and road safety matters.

(2)    The Director shall be the chief executive of the Corps and shall be exclusively responsible for the execution of the policies and decision of the Commission and for carrying into effect the day-to-day activities of the Corps.

(3)    Without prejudice to the provisions of subsection (2) of this section, the Director shall—

(a)    exercise general supervision and control over members of the Corps and the other staff of the Commission;

(b)    direct the activities of members of the Corps and of the officer and servants of the Commission;

(c)    manage the Commission’s financial affairs; and

(d)    deploy the human and material resources of the Commission in such manner as will best ensure the attainment of the aims and objectives of this Act.

 

8.     Education centre for drivers

(1)    The Commission shall, as soon as may be after the commencement of this Act, establish, in each State or operational zone, a model driving school as a standard for driving schools in each State or operational zone and for the testing and retraining of drivers.

(2)    The driving schools shall—

(a)    provide training in driving and in road traffic regulations to potential drivers; and

(b)    organise seminars and provide education in road traffic regulations and improved driving techniques to persons who are already holding permits or licences to drive and handle motor vehicles on the highways.

(3)    The driving school shall award certificates to students or trainee drivers who successfully complete the courses prescribed by the school.

(4)    The Commission shall provide such facilities for the driving schools as may enable them to achieve its objectives under this section.

9.     Funds and resources of the Commission The funds of the Commission shall consist of—

(a)    such funds as may, from time to time, be provided by the Federal Government;

(b)    any other sum or property which may in any way become payable to or vest in the Commission.

 

10.    Accounts and audit

 

The Commission shall keep proper accounts, in a form which conforms with accepted commercial standards, of its receipts, payments, assets and liabilities and shall submit the accounts annually, for auditing by a qualified auditor from the list of auditors supplied by the Auditor-General of the Federation.

PART II

Establishment, functions and ranks of members of the Road Safety Corps

11.    Establishment and functions of the Road Safety Corps

(1)    There is hereby established for the Commission, a body to be known as the Federal Road Safety Corps (in this Act referred to as “the Corps”) which shall consist of such number of uniformed and non-uniformed members as may be determined, from time to time, by the Commission with the approval of the President.

(2)    The Corps shall discharge functions relating generally to—

(a)    making the highways safe for motorists and other road users;

(b)    recommending works and devices designed to eliminate or minimise accidents on the highways and advising the Federal Ministry of Works and Housing on the localities where such works and devices are required;

(c)    educating motorists and members of the public on the importance of discipline on the highways; and

(d)    designing the driver’s licence to be used by various categories of vehicle operators;

(e)    determining, from time to time, the requirements to be satisfied by an applicant for a driver’s licence;

(f)     designing vehicle plate identification numbers and controlling the use of speed limiting devices; and

(g)    the standardisation of highway traffic codes.

 

(3)    In particular, but without prejudice to the generality of the provision of subsection

(2)    of this section, members of the Corps shall, subject to the provisions of this Act, be charged with responsibility for—

(a)    preventing or minimising accidents on the highways;

(b)    clearing obstructions on any part of the highways;

(c)    educating drivers, motorists and other members of the public generally on the proper use of the highways;

(d)    giving prompt attention and care to victims of accidents;

(e)    conducting researches into causes of motor accidents and methods of preventing them and putting into use the result of such researches;

(f)     determining and enforcing speed limits for all categories of roads and vehicles;

(g)    co-operating with bodies or agencies or groups engaged in road safety activities or in the prevention of accidents on the highways;

(h)    making regulations in pursuance of any of the functions assigned to the Corps by or under this Act;

(i)     regulating the use of sirens, flashers and beacon lights on vehicles other than Ambulances and vehicles belonging to the Armed Forces, Nigeria Police, Fire Service and other para-military Agencies;

(j)     performing such other functions as may, from time to time, be assigned to the Corps by the Commission.

(4)    In the exercise of the functions conferred by this section, members of the Corps shall have power to arrest and prosecute offenders reasonably suspected of having committed any of the following offences and serve same with a court summons or notice of offence sheet, that is—

(a)    obstructing highway with a vehicle or any other object;

(b)    driving or riding any vehicle on the highway in excess of the prescribed speed;

(c)    wrongful overtaking of another vehicle;

(d)    failing to obey traffic lights, road signs or pavement markings;

(e)    driving or riding a vehicle without carrying breakdown transparent warning cones or triangles, or in the case of a breakdown, without reporting within reasonable time of the breakdown to members of the Corps so that necessary measures may be taken to effect the removal of the breakdown vehicle from the highway;

(f)     being on a road without lights, signs or reflectors as required by law;

(g)    contravention of the provisions of any order, bye-laws, regulations or rules relating to—

(i)     the route to be followed by vehicles generally or by vehicles of the class to which the vehicle belongs; or

(ii)    the roads which are to be used for traffic by such vehicles;

(h)    being on a road without a valid vehicle licence or identification mark being displayed;

(i)     being on a road without the driver thereof being in possession of a valid driving licence or any other licence or permit required by law;

(j)     driving a motor vehicle on a highway recklessly or negligently or at a speed or in a manner which is dangerous to the public;

(k)    driving or attempting to drive a motor vehicle on a highway under the influence of drugs or alcohol;

(l)     operating a vehicle with forged driving or insurance papers;

(m)   unauthorised removal of, or tampering with, road warning signs;

(n)    creating a road hazard without adequate warning signs;

(o)    removing a vehicle on which the sign DO NOT MOVE has been pasted by members of the Corps or other duly authorised body;

(p)    failure to observe speed limit erected at road construction areas;

(q)    in the case of slow vehicles failure to move to the extreme shoulder of the road where up to four vehicles are held up, unable to overtake;

(r)     in the case of a vehicle carrying a load of gravel or other unstable material, failure to cover such material with tarpaulin or strong plastic;

(s)    failure to display number plates on vehicles;

(t)     carrying passengers or loads in excess of the number a particular vehicle is licensed to carry;

(v)    in the case of road construction companies, failure to provide adequate warning signs at construction areas day or night;

(w)    driving a vehicle without a spare tyre or with tyres whose threadings are worn out;

(x)    driving a vehicle without a windscreen;

(y)    driving a vehicle with a projecting load and without a red flag warning attached to the end of the projecting load; and

 (z)   operating a commercial vehicle without a hackney permit.

 

(5)    In the discharge of the functions of the Corps by or under this Act and notwithstanding the provision of section 17 (1) of this Act, a member of the Corps shall have power to—

(a)    arrest any person suspected of committing or having committed an offence under this Act;

(b)    remove and detain for a reasonable length of time any vehicle which has been parked in a manner that causes an obstruction on a highway:

Provided that no vehicle shall be removed or detained where there is reasonable cause to believe that such action would cause damage to the vehicle, but the owner or driver of the vehicle shall pay a sum of twenty naira for every day or part thereof of such obstruction in addition to any other penalty which may have been prescribed under this Act;

 

(c)    endorse, after conviction, any driving licence indicating the offence committed by its holder;

(d)    seize, when necessary, the driver’s licence of any person suspected to have committed an offence under this Act and the documents or particulars in respect of the vehicle by which the offence is suspected to have been committed;

(e)    impound a vehicle suspected to have been stolen where the driver of the vehicle fails to produce on demand and to the satisfaction of the member of the Corps the particulars of such vehicle;

(f)     tow away and park such impounded vehicle in the premises of the Corps and promptly notify the police of the matter for further investigation;

(g)    declare an offender as wanted when he fails to report to answer charges against him under this Act;

(h)    impound any vehicle by which an offence under this Act is reasonably suspected to have been committed;

(i)     arrest and prosecute an offender offering bribe to a member of the Corps or attempting to corrupt a marshal on duty.

(6)    The driver or owner of a vehicle shall be liable to pay a sum of ten naira for every day or part thereof during which the vehicle is detained:

Provided that if the driver or owner of the vehicle fails to reclaim such vehicle within six months of the date of its detention the Corps may apply to the High Court for an order forfeiting the vehicle to the Corps which may thereafter dispose of the vehicle by public auction and deposit the proceeds of sale in the Government Treasury.

(7)    Any person who contravenes any of the provisions of subsection (4) of this section or commits any offence under this Act shall be liable on summary conviction to penalty as specified in the relevant section of the enactment concerned with the offence or, as the case may be, in respect of offences specified in column 1 of the Second Schedule to this Act, as prescribed in the second column of the Second Schedule to this Act.

(8)    A person suspected of having committed an offence under this Act may be prosecuted in any magistrate’s court or area court in the ’’Federal’ ’’Capital’ ’’Territory’, ’’’’Abuja’’ or the State within which the offence is committed.

 

(9)    For the purpose of a speedy trial of traffic offenders under this Act, the Chief Judge of a State or the Federal Capital Territory, Abuja shall have power to establish special or mobile courts.

(10) Notwithstanding the provisions of subsection (7) of this section, the court convicting an offender under this Act may impose a term of imprisonment not exceeding six months in lieu of any of the penalties provided for in the Second Schedule to this Act.

(11) For the purposes of enforcing or prosecuting offences under this Act, the Road Traffic Laws of a State, the Federal Highways Act and any regulations made under these Acts shall apply to this Act.

12.    Ranks of members of Road Safety Corps

(1)    Members of the Corps shall bear such ranks and designations as may be assigned to them by the Commission within the following grades, that is—

(a)    route commander;

(b)    vehicle inspection marshal; and

(c)    road marshal.

(2)    The qualification for the appointment of members of the Corps shall be in accordance with the rules made by the Commission for that purpose.

13.    Route commander

Route commanders shall perform such functions as may, from time to time, be assigned to them by the Commission.

14.    Declaration of interest by members of the Corps

(1)    A person shall, before he is appointed as a member of the Corps, be required to declare his interest, if any, in any transport or other business organisation undertaking transportation of passengers, of goods or engaged in the manufacturing or sale of any equipment used by the Corps.

 

(2)    A member of the Corps who acquires any financial interest in any organization undertaking transportation of passengers or goods or in the production or sale of any equipment used by the Corps, shall, within one month of such acquisition, give notice thereof in writing to the Commission specifying the interest so acquired and the Commission may, after taking into consideration all the circumstances of the case, decide whether—

(a)    to retain him as a member of the Corps; or

(b)    to remove him from such membership; or

(c)    attach any condition to his membership.

15.    Provision of equipment

The Commission shall provide for the service of members of the Corps such

equipment as the Commission may consider necessary for the effective and efficient discharge of the functions conferred by and under this Act; including the provision of uniforms, identification cards, light reflecting night garments, raincoats, high-powered motor-cycles, motor cars, ambulances, recovery vehicles, two-way mobile radio, telephone sets and powerful torches.

16.    Jurisdiction and operational zones

(1)    The operation of the Corps shall cover all public highways, and for the administration of this Act the Commission shall create operational zones, each of which shall be under the control of an officer appointed by the Commission.

(2)    The Commission may deploy to each operational zone such numbers of route commanders, vehicle inspection marshals and road marshals as it may deem sufficient for enforcing the provisions of this Act within the operational zone.

17.    Immunity and protection of members

1)     A member of the Corps and a non-uniformed regular or special marshal shall not, when on duty, be liable for any act validly done by him in the exercise of his duties and within the limit of the powers conferred on him by this Act or any rules or regulations made thereunder.

(2)    Any person who obstructs or assaults a member of the Corps in the performance of his duties shall be liable on conviction to a fine of one hundred naira or to imprisonment for six months or to both such fine and imprisonment.

18.    Members to be regarded as persons in the public service of the Federation, etc.

(1)    Services by members of the Corps under this Act shall be deemed to be public service of the Federation within the provisions of section 318 (1) of the Constitution of the Federal Republic of Nigeria, 1999.

 (2)   The Commission may require any person employed as a member of the Corps to undergo such courses of training related to the functions of the Corps under this Act and at such institutions or organisations, as the Commission may, from time to time, decide.

19.    Allocation of service numbers

(1)    Every member of the Corps shall have allocated to him a service number, which shall be prefixed against his name in the register of members to be kept by the Commission.

(2)    The service number shall be the identity number of the member and shall be affixed in the case of a uniformed marshal on the shoulder flap or such other conspicuous part of his uniform as the Commission may decide.

(3)    A uniformed member of the Corps shall be in his uniform whenever he is on duty in his office or on the highway.

20.    Special power of the members of the Corps

For the purpose of carrying out or enforcing the provisions of this Act, such members of the Corps, as may be determined by the Commission, exposed to high risk in the enforcement of the provisions of this Act, shall have the same powers, authorities and privileges (including power to bear arms) as are given by law to members of the Nigeria Police.

PART III

Miscellaneous

 

21.    Interpretation

In this Act, unless the context otherwise requires—

“Commission” means the Federal Road Safety Commission established under section 1 (1) of this Act;

“Corps” means the Federal Road Safety Corps established under section 11 of the Act;

“member” means a member of the Corps or, as the case may require, of the Commission and includes the Chairman of the Commission.

22.    Short title and commencement

This Act may be cited as the Federal Road Safety Commission Act and shall be deemed, except in respect of those sections creating offence and awarding punishment, to have come into force on 18 February 1988.

SCHEDULES

First Schedule

[Section 1 (3).]

Proceedings of the Commission

1.     The Commission may make standing orders regulating the proceedings of the Commission or of any committee thereof.

2.     The quorum of the Commission shall be five and the quorum of any committee of the Commission shall be determined by the Commission.

3.     At any time while the office of the chairman is vacant or the chairman is, in the opinion of the Commission, temporarily or permanently unable to perform the functions of his office, a member of the Commission duly appointed by the Commission shall perform those functions and references in this Schedule to the chairman shall be construed accordingly.

4. (1) Subject to the provisions of any applicable standing orders, the Commission shall meet whenever summoned by the chairman; and if the chairman is required so to do by notice given to him by not less than three other members, he shall summon a meeting of the Commission to be held within 21 days from the date on which the notice is given.

(2)    At any meeting of the Commission, the chairman or, in his absence, any member duly appointed by the Commission, shall preside at that meeting.

(3)    Where the Commission wishes to obtain the advice of any person on a particular matter, the Commission may co-opt him as a member for such period as it thinks fit, but a person who is a member by virtue of this sub-paragraph shall not be entitled to vote at any meeting of the Commission and shall not count towards a quorum.

5. (1) The Commission may appoint one or more committees to carry out, on behalf of the Commission, such of its function as the Commission may determine.

(2)    A committee appointed under this paragraph shall consist of the number of persons determined by the Commission and not more than one third of those persons may be persons who are not members of the Commission; and a person other than a member of the Commission shall hold office on the committee in accordance with the terms of the instrument by which he is appointed.

(3)    A decision of a committee of the Commission shall be of no effect until it is confirmed by the Commission.

Miscellaneous

6.     The fixing of the seal of the Commission shall be authenticated by the signature of the chairman or of some other member authorised generally or specially by the Commission to act for that purpose.

 

SECOND SCHEDULE

Section 11 (7)

Offences

Penalty

N

K

(a) being on the road without lights, signs or reflectors as required bylaw

100

00

(b) obstructing a road or waiting or parked or being loaded or unloaded otherwise than as required by law.

100

00

(c) contravention of the provisions of any order, bye-laws, regulations or rules relating to –

 

 

(i) the route to be followed by vehicles generally or by vehicles of the class to which the vehicle belongs, or

200

00

(ii) the roads which are to be used for traffic by such vehicles

100

00

(d) exceeding the prescribed speed limit

 

 

(e) being on a road without a valid vehicle or identification mark being

Displayed

200

00

(f) being on road without the driver thereof being in possession of valid driving licence or permit required by law

200

00

(g) wrongful overtaking of other vehicles

200

00

(h) failure to obey traffic lights or signs

200

00

(i) disregard of road signs, markings and pavement

200

00

(j) failure to carry break-down transparent warning cones or

Triangles

100

00

(k) driving a motor vehicle on the highway recklessly or negligently, or at a speed or in a manner which is dangerous to the public

200

00

(l) driving or attempting to drive a motor vehicle on a highway under the influence of drugs or alcohol

200

00

(m) operating a vehicle with forged driving insurance papers

200

00

(n) unauthorised removal of or tampering with road warning signs

200

00

(o) creating a road hazard without adequate warning signs

200

00

(p) removing a vehicle on which the sign DO NOT MOVE has been pasted by members of the Corps or other duly authorised body

200

00

(q) failure to observe speed limit erected at road construction areas

200

00

(r) in the case of a vehicle, failure to remove to the extreme shoulder of the road where up to four vehicles are held up, unable to overtake

 

 

(s) in the case of a vehicle carrying a load of gravel or other unstable material, failure to cover such material with tarpaulin or strong plastic

100

00

(t) failure to display number-plates are required by law

100

00

(u) loading a vehicle above the weight it is licensed to carry

200

00

(v) failure by a road construction company to provide adequate warning signs

200

00

(w) driving a vehicle without a spare tyre or with tyres whose threadings are worn out

100

00

(x) driving a vehicle without a windscreen

100

00

(y) driving a vehicle with a projecting load and without a red flag warning attached to the end of the projecting load

200

00

 

 

 

FEDERAL ROAD SAFETY COMMISSION ACT

 

CURRENT SCHEDULE OF OFFENCES AND PENALTIES

S/NO

TICK INFRINGEMENT (S)

CODE

POINTS

PENALTY

CATEGORY

1

LIGHT/SIGN VIOLATION

LSV

2

2,000

2

2

ROAD OBSTRUCTION

ROB

3

3,000

1

3

ROUTE VIOLATION

RTV

5

5,000

1

4

SPEED LIMIT VIOLATION

SLV

3

3,000

1

5

VEHICLE LICENCE VIOLATION

VLV

3

3,000

2

6

VEHICLE NUMBER PLATE VIOLATION

NPV

3

3,000

1

7

DRIVER’S LICENCE VIOLATION

DLV

10

10,000

2

8

WRONGFUL OVERTAKING

WOV

3

3,000

1

9

ROAD MARKING VIOLATION

RMV

5

5,000

1

10

CAUTION SIGN VIOLATION

CSV

3

3,000

3

11

DANGEROUS DRIVING

DGD

10

50,000

1

12

DRIVING UNDER ALCOHOL OR DRUG INFLUENCE

DUI

5

5,000

2

13

OPERATING A VEHICLE WITH FORGED DOCUMENTS

OFD

10

20,000

2

14

UNAUTHORIZED REMOVAL OF OR TAMPERING WITH ROAD SIGNS

UTS

5

5,000

1

15

DO NOT MOVE VIOLATION

DNM

2

2,000

2

16

INADEQUATE CONSTRUCTION WARNING

ICW

50,000

1

17

CONSTRUCTION AREA SPEED LIMIT VIOLATION

CAV

3

3,000

1

18

FAILURE TO MOVE OVER

FMO

3

3,000

1

19

FAILURE TO COVER UNSTABLE MATERIALS

FCM

5

5,000

1

20

OVERLOADING

OVL

10

10,000

1

21

DRIVING WITH WORN-OUT TYRE OR WITHOUT SPARE TYRE

TYY

3

3,000

1

22

DRIVING WITHOUT OR WITH SHATTERED WINDSCREEN

VWV

2

2,000

1

23

FAILURE TO FIX RED FLAG ON PROJECTED LOAD

FFF

3

3,000

1

24

FAILURE TO REPORT ROAD ACCIDENT

FRC

10

20,000

1

25

MEDICAL PERSONNEL OR HOSPITAL REJECTION OF ROAD ACCIDENT VICTIM

RAV

50,000

1

26

ASSAULTING MARSHAL ON DUTY

AMD

10

10,000

2

27

OBSTRUCTING MARSHAL ON DUTY

OMD

2

2,000

2

28

ATTEMPTING TO CORRUPT MARSHAL

ACS

10

10,000

2

29

CUSTODY FEE

N200 per day after 24 hours

30

DRIVING WITHOUT SPECIFIED FIRE EXTINGUISHER

FEV

3

3,000

3

31

DRIVING A COMMERCIAL WITHOUT PASSENGER MANIFEST

PMV

10

10,000

2

32

DRIVING WITHOUT SEAT BELT

SUV

2

2,000

1

33

USE OF PHONE WHILE DRIVING

UPD

4

4,000

1

34

DRIVING A VEHICLE WHILE UNDER 18 YEARS

UDR

2,000

1

35

RIDING MOTORCYCLE WITHOUT A CRASH HELMET

RMH

2

2,000

1

36

EXCESSIVE SMOKE EMISSION

ESE

5

5,000

1

37

MECHANICALLY DEFICIENT VEHICLE

MDV

5

5,000

1

NOTE: Custody fee on impounded Motor vehicle and Motorcycle/Tricycle is N200.00 per day payable after initial 24 hours of grace

 

 

SUBSIDIARY LEGISLATIONS

List of Subsidiary Legislation

National Road Traffic Regulations.

 

1.     Establishment of State Directorates of Motor Vehicle Administration.

2.     Application for Registration RS Form NMV A/93/l.

3.     Registration and assignment of identification mark.

4.     Registration Categories

5.

6.     Verification of weights.

7.     Registration book.

8.     Change of ownership.

9.     Change of colour of a vehicle.

10.    Supplying particulars.

11.    Unauthorised entry, etc., in registration book.

12.    Appeal

13.    Issue of licence.

14.    Power to refuse licence in certain cases.

15.    Appeal

16.    Refund of portion of fee paid.

17,    Special trade licence.

18.    Production of licence.

19,    Replacement of lost or defaced licence.

20.    Change of licence.

21.    Licence on change of classification of vehicle.

22.    Form of identification mark, etc.

23.    Classes of licence.

24.    Photograph of the applicant.

25.    Driving test.

26.    Form of driving licence, etc.

27.    Conduct of driving test.

28.    Learner's permit.

29.    Certificate as to group of licence.

30.    Learner's sign.

31.    Replacement of defaced or illegible licence.

32.    Replacement of lost or stolen licence.

33.    Convictions to be reported to Central Motor Registry.

34.    Conditions for licensing.                               

35.    Use and construction of taxis.

36.    Use and construction of multi-purpose vehicle.

37.    Use and construction of omnibuses.

38.    Use and construction of multi-purpose vehicle.

39.    Private use of stage carriage or omnibus.

40.    Route restriction.

41.    Power of State Motor Vehicle Administration to fix fares.

42.    Table of fares and timetable to be carried and exhibited.

43.    Badges.

44.    Conductor's badges.

45.    Wearing of badges. IV 11

46.    Surrendering of driver's and conductor's badges. (1£1

47.    Person in charge of stage carriage of omnibus.

48.    Prohibition of noise, etc.

49.    No smoking while driving. '

50.    First two taxi drivers to stay by.

51.    Taxi drivers not to stop longer than necessary.

52.    Taxi driver refusing to be hired without reasonable excuS4

53.    Procedure regarding property left in vehicle.

54.    Person travelling in stage carriage or omnibus.

55.    Maintenance of passenger manifest by commercial vehicles

56.    Use and construction of motor vehicles and trailers

57.    Tyres, etc.

58.    Brakes.

59.    Silencers and exhaust.

60.    Lighted lamp.

61.    Approved guidelines.

62.    Driving mirrors.

63.    Wheel alignment.

64.    Steering apparatus.

65.    Springs.

66.    Laminated windscreen and safety glass.

67.    Windscreen wipers.

68.    Mudguards.

69.    Speedometers.

70.    Spirit tankers.

71.    General.

72.    Leg guards.

73.    Exemption and issue of permits.

74.    Conditions for use of trailer.

75.    Motor vehicle with right hand driver.

76.    Illuminated indicators, etc.

77.    Examination of commercial and private vehicle.

78.    Vehicles not to exceed 32 tonnes.

79.    Motor vehicles to have reflex reflectors.

80.    Trailers to be equipped with reflectors.

81.    Asserting of weight.

82.    Breach of Regulations.

83.    Driving speed limit, etc.

84.    Rule of ti:1e road.

85.    Rule of the road and commercial vehicle, etc.

86.    Provision relation to motorcycle driver and passenger.

87.    Molesting or obstruction of the driver.

88.    Stoppage of machinery of stationary motor vehicle, etc.

89.    Punishment for contravening Part VII.

90.    Removal of vehicles from highways.

91.    Provision relating to removed vehicles park, etc.

92.    Procedure for reclaiming removed vehicle.

93.    Failure to reclaim vehicle.

94.    Maximum period of driving commercial vehicles.

95.    Prohibition of animals on expressway.

96.    Prohibition of motorcyclists, etc.

97.    Agricultural machine.

98.    Loading.

99.    Boarding, etc., of vehicles.

100. Provisions as to weight, etc.

101. Provisions as to length.

102. Loads.

103. Speed.

104. Stoppage on the expressway.

105. U-turns, etc.

106. Parking.

107. Marks on vehicles to be renewed as often as necessary.

108. Power to inspect vehicle.

109. Report of road accident.

110. Disposal of fees.

111. Provisions relating to exempted bodies.

112. Provisions relating to vehicles other than motor vehicles.

113. Bicycle, pedestrians, animals, etc.

114. Competent authority.

115. Examination of vehicles for international certificate.

116. Application for international certificate.

117. International certificate.

118. Application for fiscal permit.

119. International circulation permit.

120. Exemption from local taxation.

121. Issue of international permit.

122. Period which permit is valid.

123. Production of documents.

124. Information given on transfer.

125. Surrender of permit on expiration.

126. Duplicate.

127. Visibility of permit.

128. Record of vehicles.

129. International sign of vehicles.

130. Lighting provision applicable to international signs.

131. Application for international driving permit.

132. Issued only to residents in Nigeria.

133. Fee and duration.

134. Permit not transferable.

135. Exemption in Nigeria to holder of permit issued elsewhere.

136. Register of permit.

137. Power of court in relations to permits.

138. Exemption of vehicles and plant used in construction and fire engines, etc.

139. Exemption in respect of registered military vehicles.

140. Revision of Highway Code.

141. Offences in relation to licence, etc.

142. Offences against these Regulations.

143. Power to issue notice of offence.

144. Delegation of powers to make other regulations.

145. Amendments, etc.

146. Interpretation.

147. Citation.

SCHEDULES

NATIONAL ROAD TRAFFIC REGULATIONS

[S.I. 3 of 1997.]

 

[7th April, 1997]                                  [Commencement.]

 

1.     Establishment of State Directorates of Motor Vehicle Administration

There is hereby established, for the purposes of these Regulations, in each State of the Federation and the Federal Capital Territory, Abuja, a State Directorate of Motor Vehicle Administration.

PART I

Registration of vehicles

2.     Application for Registration RS Form NMVA/93/1

(1)    Any person applying to register a vehicle shall submit to a licensing authority an application for registration duly completed as in RS Form NMVA/93/l as specified in Schedule 1 of these Regulations and pay to the licencing authority the fees prescribed in Schedule 2 of these Regulations.

(2)    An application to register a vehicle shall be accompanied by a certificate of payment or exemption from payment of import duty issued by or under the authority of the Board of Customs and Excise, where the vehicle is an imported vehicle.

(3)    An application to register -

(a)    a trailer; or

(b)    a commercial vehicle, with the axle weight or any of its axles exceeding 10 tonnes or tandem axles exceeding 16 tonnes gross weight, shall be accompanied by a consent required to be given in writing given under the provisions of regulation 78 of these Regulations.

3.     Registration and assignment of identification mark

(1)    Subject to paragraphs (3) and (4) of this regulation, a licensing authority shall on receipt of a proper application and fee, if any, register the particulars of the vehicle and if the vehicle was not previously registered in Nigeria, or if the vehicle was previously owned by an exempted body within the meaning of regulation 139 (2) of these Regulations, assign to it an identification mark with the local government code.

(2)    If any person applies for a special identification mark in respect of a vehicle used by an exempted body, the licensing authority may, with the approval of the principal licensing officer and on payment to the licensing authority of the prescribed fee, assign to the vehicle the specific identification mark for which the application has been made:

Provided that the identification mark shall be in the series controlled by the licens-ing authority or specially permitted by the Director, Motor Vehicle Administration.

(3)    An application for a special identification mark shall be as prescribed in RS Form NVL 48 specified in Schedule 1 to these Regulations.

(4)    The Director of the Commission and the State Director of Motor Vehicle

Administration may, by notice in the Federal or State Gazette or, in the case of a particular vehicle, by an instruction given to a licensing authority, prohibit the registration of any vehicle or any category of vehicles which may be considered to be unsuitable for registration.

(5)    A licensing authority may refuse an application for registration of a vehicle if it is or not satisfied that the applicant has attained the age of eighteen years or because there is a valid court order so to do.

4. (1) A vehicle may be registered in one of the following categories -

(a)    motorcycles may be registered as -

(i)     private;

(ii)    commercial;

(b)    private motor vehicle;

(c)    trailer;

(d)    taxi/hackney carriage (carry not more than seven persons including the driver);

(e)    private hire car driven by the hirer or the owner’s driver;

(f)     commercial vehicle liable to carry goods and persons who are servants of the owner whilst in the employment of the other;

(g)    stage carriage for not more than fifteen persons including the driver;

(h)    stage carriage for over fifteen persons including the driver;

(i)     omnibus;

(j)     private omnibus used for the free conveyance of employees;

(k)    agricultural vehicle;

(l)     tractor;

(m)   vehicle exclusively designed for use, or plant or machinery used for construction;

(n)    fire engines or trailer pump.

(2)    A vehicle may be registered in categories (d), (e), (f), (g), (h) and (i) of paragraph

(1)    of this regulation if -

(a)    the vehicle is operated primarily for hire or reward (excluding) category (j); or

(b)    a certificate of road-worthiness issued by the road traffic officer under regulation 77 of these Regulations is produced at the time of the application to license the vehicle; or

(c)    the vehicle conforms with the provisions of regulation 78 of these Regulations; or

(d)    the condition of the vehicle is, in the opinion of a road traffic officer, safe and suitable for the conveyance of passengers or goods, and conforms with the provisions of Part V and VI of these Regulations.

(3)    A vehicle may be registered as a trailer under this Part of these Regulations if -

(a)    it is a vehicle designed to be drawn by a motor vehicle;

(b)    a certificate of road-worthiness issued under regulation 77 of these Regulations is produced at the time of application for registration; and

(c)    the trailer conforms with the provisions of regulation 74 of these Regulations.

(4)    A vehicle shall be used on a highway only in passing part if -

(a)    the vehicle is intended to be used on a highway only in passing from land in private occupation to other land in such occupation; or

(b)    it is registered in the name of a person engaged in agriculture, timber trade or mining; or

(c)    it is not used on a highway for hauling any objects except from agricultural produce, timber, mineral, agriculture land.

(5)    For the purpose of this regulation, “mineral” includes mineral oils and the word “mine” and “mining” shall be construed accordingly.

(6)    A vehicle may be registered as a tractor under this Part of these Regulations if the vehicle is used on a highway solely for the purpose of haulage, and not for the purpose of carrying, or having super-imposed upon it, any load except such as is necessary for its propulsion or equipment.

6.     Verification of weights

(1)    Before a vehicle is registered, a road traffic officer may, if facilities for weighing the vehicle are not available, require the net weight of the vehicle to be ascertained by a competent authority who shall certify the weight of the vehicle and make any necessary correction in the statement of weight declared by the owner.

(2)    The fee prescribed in Schedule 2 to these Regulations shall be payable by the owner in respect of any ascertainment of weight required to be effected under paragraph (1) of this regulation.

(3)    Where facilities for weighing a vehicle are not available, the road traffic officer may require the owner of the vehicle to produce a certificate of the weight thereof issued by the manufacturer or a competent authority.

(4)    A road traffic officer or a route commander may, at any reasonable time, require a vehicle to be re-weighed free of charge.

(5)    The owner of a vehicle shall cause the vehicle to be driven or brought to an appropriate place which the road traffic officer or a route commander may direct for the purpose of weighing.

7.     Registration book

(1)    A registration book as specified in RS Form NVL 40 of Schedule 1 to these Regulations shall be provided by the State Director, Motor Vehicle Administration and shall be issued to the owner of a vehicle upon the payment of the prescribed registration fee to the licensing authority and shall constitute the permanent record of the vehicle.

(2)    The registration book shall be required to be in the vehicle and liable to be produced on demand by a police officer, road traffic officer or a route commander in uniform or a licensing authority.

(3)    Any driver who fails to comply with the provisions of paragraph (2) of this regulation is guilty of an offence and liable on conviction to a fine not exceeding N500 or to imprisonment for a term of six months:

Provided that the provisions of this paragraph shall not apply to a person who has -

(a)    lost the registration book and applied for a replacement; or

(b)    deposited the registration book with the licensing authority, a police officer, a route commander or a road traffic officer.

(4)    If the owner of a vehicle shows to the satisfaction of the State Director, Motor Vehicle Administration that -

(a)    he is unable to obtain the registration book from a previous owner; or

(b)    the registration book has been lost, stolen or defaced and that a replacement of the registration book shall be -issued through a licensing authority to the owner upon payment by him of the prescribed fee; or

(c)    that he has a certificate in lieu of custom papers or any other good cause that his dealer has not given him any letter of custom clearance, the licensing authority may register the vehicle.

(5)    The owner of the vehicle shall be required to inform the licensing authority within a period of four weeks of any change of his address as shown in the registration book.

(6)    Subject to the provisions of regulation 3 of these Regulations, where any change occurs in relation to any vehicle which affects the particulars of a vehicle entered in a registration book, the owner of such vehicle shall immediately inform the nearest licensing authority of the book change as in RS Form NVL 44 specified in Schedule 1 to these Regulations and the State Directorate of Motor Vehicle Administration shall thereupon, without payment of any fee, amend the registration book provided that the change or amendment is genuine.

8.     Change of ownership

(1)    If the ownership of a vehicle is changed, the former owner of the vehicle shall give a notice of the change to the licensing authority as in RS Form NVL 46 as specified in Schedule 1 to these Regulations and the new owner shall pay to the licensing authority the fee prescribed in Schedule 2 to these Regulations.

(2)    The former owner of the vehicle referred to in paragraph (1) of this regulation shall present the registration book to the licensing authority who shall record details of the change of ownership and hand over the registration book to the new owner.

(3)    The notice referred to in paragraph (1) of this regulation shall be given by the former owner to the new owner not later than 30 days after the date of the actual change of ownership and where the notice relates to a vehicle which was imported into Nigeria free of import duty the notice shall be accompanied by a certificate of payment of import duty, or exemption therefrom issued to the new owner by the Board of Customs and Excise.

(4)    The Directorate of Motor Vehicle Administration shall effect every change of ownership in its register under this regulation.

9.     Change of colour of a vehicle

(1)    If the colour of a vehicle is to be changed, the owner shall apply for approval from the Director, Motor Vehicle Administration or any person authorised by him in RS Form ML 42 specified in Schedule 1 to these Regulations and unless such an application is approved, the owner of the vehicle shall be restrained from changing the colour of the vehicle.

(2)    A new vehicle licence shall be issued after payment of the fees prescribed to reflect the new colour of the vehicle and the old vehicle licence shall be withdrawn from the owner.

(3)    The change of all the particulars of the vehicle shall be reflected in the

registration book by the Directorate of Motor Vehicle Administration.

 

(4)    Where the colour of a vehicle is changed without due approval, the licence of such a vehicle shall become invalid and the owner of the vehicle is guilty of an offence under this regulation and liable on conviction to a fine of N5,000 or to imprisonment for a term of one year and the confiscation of the vehicle by the licensing authority.

10.    Supplying particulars

(1)    Every Directorate of Motor Vehicle Administration shall supply, on request by any other Directorate of Motor Vehicle Administration, a road traffic officer, road marshal or a police officer not below the rank of a sergeant, copies of any records, documents or particulars in respect of a vehicle and the Directorate of Motor Vehicle Administration, when satisfied that it is reasonable so to do, supply to the person a copy of any entries kept by such Directorate of Motor Vehicle Administration relating to such specified vehicle on payment of the fee prescribed in Schedule 2 to these Regulations.

(2)    The State Director, Motor Vehicle Administration shall file and keep all copies of licences and other documents furnished in pursuance of these Regulations at the Central Motor Registry and shall on request by any Director, Motor Vehicle Administration, Road Traffic Superintendent, road marshal II, police officer not below the rank of sergeant or public officer in his official capacity supply such particulars in relation thereto as may be required of him from time to time.

11.    Unauthorised entry, etc., in registration book Any person who -

(a)    makes an unauthorised entry or alteration in the registration book relating to a vehicle; or

(b)    wilfully destroys or defaces any entry in the registration book, is guilty of an offence under these Regulations and liable on conviction to a fine of N500 or imprisonment for a term of six months or to both such fine and imprisonment.

12.    Appeal

Any person who has been refused registration of a vehicle in accordance with these Regulations may appeal to a magistrate’s court which may give such directions as it may deem fit under the circumstances.

PART II

Licences for vehicles

13.    Issue of licence

Subject to the provisions of these Regulations, a State Directorate of Motor Vehicle Administration may on payment of the fees prescribed in Schedule 2 to these Regulations issue a vehicle licence for a period of twelve or six months as in RS Form ML 6 specified in Schedule 1 to these Regulations upon production to it of a registration book and a current certificate of third party insurance and, in the case of commercial vehicle, motorcycle for hire, trailer, taxi, stage carriage or omnibus, a valid certificate of roadworthiness issued under regulation 77 of these Regulations.

14.    Power to refuse licence in certain cases

(1)    The Director of the Commission may, on the advice of the Technical Committee on Motor Vehicles prohibit by notice published in the Federal Gazette and forwarded to the State Director of Motor Vehicle Administration prohibiting the registration of or further licensing of a class or type of vehicles considered to be unsuitable for any particular mode of usage and the State Director, Motor Vehicle Administration shall thereupon refuse to issue a licence in respect of the class or type of vehicles affected by such prohibition.

(2)    The State Director of Motor Vehicle Administration may, in the case of a particular vehicle and subject to confirmation of a magistrate in chambers, give direct instruction to the Director, Motor Vehicle Administration and the Director so informed shall thereupon refuse to issue a licence in respect of the vehicle affected by such prohibition.

(3)    A Directorate of Motor Vehicle Administration shall not issue a licence for any vehicle -

(a)    which does not comply in all respects with every condition applicable to its particular type of class under these Regulations; or

(b)    the condition of which, in the opinion of a road traffic officer or a route

commander is such as to render its use on a highway a contravention of these Regulations; or

(c)    so constructed or in such condition, mechanically or otherwise, as in the opinion of a road traffic officer or route commander is likely to be dangerous to persons or animals using the highway or injuries to the highways or bridges; or

(d)    in respect of which a valid certificate of road-worthiness issued under regulation 77 of these Regulations is not produced; or

(e)    in respect of which a current certificate of insurance is not produced.

(4)    No vehicle shall be licensed for a gross weight other than that registered in respect of such vehicle in accordance with these Regulations.

(5)    For the purpose of paragraphs (2) and (3) of this regulation, a licensing authority, road traffic officer or a route commander may, at any time, require any vehicle to be produced by such person and at such time and place as he may appoint.

(6)    In this regulation, “Technical Committee on Motor Vehicles” means the

Committee consisting of a member each of the Standards Organisation of Nigeria, the Nigerian Society of Engineers, the Council of Registered Engineers of Nigeria, the National Automotive Council, the Commission, road traffic officers and a police officer.

15.    Appeal

A person to whom a licence has been refused in accordance with this Part of these Regulations may appeal to the magistrate’s court which may give such directions as it thinks fit under the circumstances.

16.    Refund of portion of fee paid

(1)    If any person to whom a licence has been issued in accordance with regulation 13 of these Regulations satisfies the Directorate of Motor Vehicle Administration in the State within which the original licence was issued that the vehicle in respect of which the licence has been issued shall not be used in Nigeria during the unexpired portion of the period of the licence, the licensing authority may refund to that person a portion of the fee paid for the licence and that portion shall be equivalent to one twelfth of the annual licence fee payable multiplied by the remaining number of complete months for which the licence may be deemed current.

(2)    Before a refund is made under this regulation, the licence and the counterfoil thereof shall be surrendered to the Directorate of Motor Vehicle Administration which shall thereafter -

(a)    cause the licence to be cancelled;

(b)    cause the appropriate entry in the registration book of the vehicle to be cancelled; and

(c)    inform the Central Motor Registry of the cancellation.

(3)    When a refund is made under this regulation, the vehicle in respect of which the licence was issued shall for the purpose of these Regulations be deemed to be unlicensed during the period in respect of which the refund is made unless a new licence is taken out in respect thereof.

17.    Special trade licence

(1)    A special trade licence specified in RS Form ML 6 Schedule 1 to these

Regulations, may be issued by a licensing authority to a dealer on payment of the fee prescribed in Schedule 2 to these Regulations and the licence shall be so stamped indicating the type of trade licence.

(2)    A dealer may obtain any number of trade licences so however that no trade licence shall be issued for use in respect of any vehicle except in the following circumstances, that is -

(a)    when a vehicle having been off-loaded from a ship, lighter, train or other road vehicle is being driven to their dealer’s place of business; or

(b)    when a vehicle is being tested after having been received, assembled or repaired at the dealer’s place of business; or

(c)    when a vehicle is being tested by or on behalf of an intending purchaser or of the owner in the case of a vehicle under repairs; or

(d)    when a new vehicle or one under repairs is being transferred by a dealer in the normal course of business; or

(e)    when a new vehicle or one which has been repaired is in process of delivery to the purchaser.

(3)    A trade licence shall be issued with a trade identification number plate as shown in fig. 10 in Schedule 3 to these Regulations consisting of the National flag symbol, name of authorised dealer, dealer’s code, State code, dealer’s number (alpha-numeric), individual vehicle code (alpha-numeric) and words “Federal Republic of Nigeria” and the particulars of each trade licence shall be entered in a special register kept for that purpose by the State Motor Vehicle Administration.

(4)    A person to whom a trade licence has been refused may appeal to a magistrate’s court which may give such directions as it deems is just and proper.

(5)    A trade licence shall not -

(a)    authorise -

(i)     the carrying of passengers or goods for hire or reward any passengers or goods for hire or reward; or

(ii)    any person not engaged in testing the vehicle or inspecting the vehicle with a view to purchase the same; or

(b)    be used on Sundays and public holidays and between the hours of 6 p.m. to 6 a.m.

 

(6)    Any person using a trade licence, except for the purpose authorised by these Regulations, is guilty of an offence and liable on conviction to a fine of N10,000 or to imprisonment for a term of six months.

(7)    A dealer shall be required to keep a record of journeys made by vehicles operating under a trade licence and the records shall be open to inspection by the Director, Motor Vehicle Administration, road traffic officer, a route commander or police officer not below the rank of sergeant.

(8)    Subject to the provisions of paragraph (2) of this regulation, a trade licence issued in any State shall be valid in any other State until the date of expiry indicated on such licence.

(9)    A trade licence in this regulation includes -

(a)    licences for spare parts dealers to engage in the sales and distribution of spare parts;

(b)    licences for mechanic workshops to engage in the business of motor vehicle repairs and servicing.

(10) The procedure for obtaining a trade licence and registration -

(a)    as a spare parts dealer is as specified in Schedule 11 to these Regulations;

 

(b)    as a motor mechanic is as specified in the Schedule 12 to these Regulations.

18.    Production of licence

(1)    The owner, driver or person in charge of a vehicle shall at all times when the vehicle is being used on a highway keep the current licence for the vehicle displayed in the manner hereinafter provided, and shall, on demand, permit any route commander, police officer, licensing authority or any person authorised in that behalf by the Director, Motor Vehicle Administration to examine the licence.

(2)    Licences, other than trade licences, shall be displayed in a weather-proof holder with a transparent cover and carried on the vehicle and in the case of -

(a)    motorcycles or trailers, in a conspicuous position on the near side of the vehicle not more than 76.20 centimeters from the front of the vehicle;

(b)    motorcycles with sidecar, on the near side of the handlebar of the cycle or the near side of the sidecar; and

(c)    all other vehicles (except when placed on or adjacent to the windscreen as hereinafter provided) on the near side of the vehicle facing toward the near side of the road and not less than one metre nor more than two metres from the ground level and placed as near to the front seat as is practicable:

Provided that in the case of a vehicle fitted with a front glass windscreen extending across the vehicle, to the near lower corner or the glass of such windscreen or in such other manner so as to be clearly visible from the front at all time by daylight whether such vehicle is moving or stationary; and in the event of the licence being carried actually upon a glass portion of the vehicle and otherwise complying with these Regulations the obligation that the licence shall be carried in a weather-proof holder with a transparent cover shall not apply.

(3)    The licence shall be placed and carried (except when placed on or adjacent to the windscreen as hereinbefore provided) so as to be clearly visible at all times by daylight to a person standing at the near side of the vehicle, whether such vehicle is moving or stationary.

(4)    In the case of vehicle issued with a trade licence, such licence shall be displayed on the front plate bearing the trade identification mark issued in respect of such licence.

19.    Replacement of lost or defaced licence

(1)    Subject to paragraph (2) of this regulation, a licensing authority shall issue a new licence to the holder of a current licence under this Part of these Regulations, if the holder of the licence satisfies the licensing authority that -

(a)    the licence has been defaced or mutilated; or

(b)    the figures and particulars thereon have become illegible; or

(c)    the licence has been lost or stolen, and the new licence shall have the same effect as the original licence.

(2)    Before issuing a licence under paragraph (1) of this regulation, the licensing authority shall demand the production of the holder’s registration book as proof of issue of the original licence.

(3)    In the case of a lost or stolen licence, the owner shall be required to produce the police extract (report) and a duly sworn affidavit stating clearly the particulars and facts of loss before a new licence may be issued after payment of fees prescribed in Schedule 2 to these Regulations.

20.    Change of licence

(1)    When the ownership of a vehicle is transferred in accordance with regulation 8 of these Regulations and the new owner does not intend to use the vehicle for any purpose other than that for which it is classified and registered, the existing licence shall be valid until the date of expiry indicated on it but in all other cases a refund may be made to the former owner of the vehicle for the unexpired portion of the licence and the vehicle shall be re-licensed upon payment of the fee prescribed in these Regulations.

(2)    If the new owner fails to comply with this regulation, the existing licence shall cease to be valid.

21.    Licence on change of classification of vehicle

(1)    When a registration book has been amended in accordance with regulation 7 of these Regulations, the existing licence shall remain valid until the date of expiry indicated on the licence, unless the registration category or character of the vehicle has been so changed as to render payable a licence fee at a higher or lower rate than that paid on the issuance of the existing licence.

(2)    Where a higher or lower licence fee becomes payable a refund may be made to the former owner of the vehicle for the unexpired portion of the licence and the vehicle shall be re-licensed upon payment of the fee prescribed in these Regulations.

PART III

Identification mark

22.    Form of identification mark, etc.

(1)    The identification mark to be carried by a motor vehicle or trailer in pursuance of the provisions of these Regulations shall be displayed on two plates for a motor vehicle, and three plates for a trailer, which shall conform, as to lettering, numbering and otherwise with the provisions set out in figures 1-11 of Schedule 3 to these Regulations.

(2)    The plates displaying the identification mark shall in respect of -

(a)    a motor vehicle be fixed, one on the front of the vehicle and the other at the centre or on the off-side of the back of the vehicle;

(b)    a trailer, be fixed at the centre or on the off-side of the back of the trailer in an upright position;

(c)    a motorcycle, one plate shall be fixed at the rear centre with the plate having white background but blue lettering for private, green lettering for the Federal, State or local government, black lettering for the armed forces and red lettering for commercial, so that every letter or figure on the plate is upright and easily distinguishable in the case of the front plate from the front, and in case of the back plate from behind.

(3)    In the case of the recovery of a semi-trailer, the operation of the prime mover shall be required to ensure that the entire articulated vehicle carries the same identification number in respect of the prime mover and the semi-trailer.

(4)    No part of the plate bearing the identification mark of a trailer or a motor vehicle other than a motorcycle shall be in any manner obscured and the plate shall at all times be kept in such condition that the letters and figures thereof are clearly distinguishable in daylight by a person of normal vision at a distance of 46 metres and in the case of motor-cycles at a distance of 28 metres.

(5)    A vehicle shall carry a vehicle identification tag which shall be issued along with the Vehicle Identification Plate and shall carry the same number with the plate on the rear windscreen.

(6)    Except as otherwise provided under these Regulations, no identification mark shall be transferred from one vehicle or trailer to another and it shall be an offence under these Regulations for any person to make any transfer except in accordance with these Regulations.

(7)    A person convicted of an offence under paragraph (6) of this regulation is liable to a fine of N10,000 or imprisonment for a term of six months or to both such fine and imprisonment.

(8)    The form of identification number plates referred to in paragraph (1) of this regulation shall be rectangular with dimensions of 308 mm by 139.7 mm for private vehicles and 228 mm by 177.8 mm for motorcycles both with white background as shown in figures 1 and 2 in Schedule 3 to these Regulations.

(9)    The identification for private vehicles’ number plate shall -

(a)    have the name of the State in black, the licensing office code number, the vehicle registration number and the local government code number in blue;

(b)    for commercial vehicles, have the name of the State in black, the licensing office code number, the vehicle registration number and local government code number in red;

(c)    for Federal and State Government vehicles, have the name of the Ministry or Parastatal code number in green;

(d)    for local governments and area councils, have the name of the State in black, the local government area council identification code, the vehicle registration number and the name of the local government code in green;

(e)    for the military and para-military vehicles, have the name and the code of the armed forces, the vehicle group code, issuing office code.

(10) Notwithstanding the provisions of paragraph (9) of this regulation, the

identification number plate of vehicles referred to in -

(a)    sub-paragraphs (a) and (b) shall have the symbol of the National flag on the top left corner and the Federal Republic of Nigeria in black as specified in figure 3 in Schedule 3 to these Regulations;

(b)    sub-paragraph (c) shall have the National Coat of Arms in the top left corner and the Federal Republic of Nigeria in black as specified in figure 5 in Schedule 3 to these Regulations;

(c)    sub-paragraph (d) shall have the National Coat of Arms in the top left corner black and the Federal Republic of Nigeria all in black as specified in figure 4 in Schedule 3 to these Regulations.

(11) All vehicle identification marks shall have -

(a)    a local government code for private and commercial vehicles as set out in figure 6 of Schedule 3 to these Regulations;

(b)    Federal, State or local government codes for government vehicles as set out in figure 6 of Schedule 3 to these Regulations;

(c)    codes for military, para-military and all other government agencies as set out in figure 7 of Schedule 3 to these Regulations; and

(d)    codes for diplomatic vehicles as set out in figure 11 of Schedule 3 to these Regulations.

(12) The Director of Commission shall determine, from time to time, the appropriate number codes for all categories of vehicles.

(13) In the case of a loss or damage to a vehicle identification mark or a vehicle identification tag, the owner of the vehicle or the driver shall -

(a)    report the loss of the particulars immediately to the nearest police station or the office of the State Director of Motor Vehicle Administration;

(b)    prove ownership of the lost plate by swearing to an affidavit stating the proof of ownership;

(c)    pay the prescribed fee to the appropriate authority for a replacement of the lost number plate.

(14) The owner of the vehicle or the driver may, where the necessary particulars of loss have been reported, construct a temporary number plate in the form of wood which shall conform to colouring, lettering, codes, etc., as outlined in the provisions of this regulation.

(15) A temporary number plate shall be sufficient as the number plate until a new one shall be issued by the licensing authority.

(16) All vehicles, private or commercial, shall as from the commencement of these Regulations, have on them the vehicle identification mark referred to in this regulation and it shall be an offence for any vehicle not to have the said identification mark.

(17) A person who commits an offence under paragraph (16) of this regulation is guilty of an offence and liable on conviction to a fine of N500 for every day the offence is being committed.

(18) There shall be a requirement of proof of ownership certificate for all registered vehicles the format of which shall be determined by the Director of the Commission from time to time.

PART IV

Driver’s licence

23.    Classes of licence

(1)    Licences or learners’ permits to drive a motor vehicle shall be in one of the following groups -

(a)    a motorcycle;

(b)    a motor vehicle of less than three tonnes gross weight other than motorcycle commercial, taxi, stage carriage or omnibus;

(c)    a motor vehicle of less than three tonnes gross weight, other than motorcycles;

(d)    a motor vehicle, other than motorcycle, taxi, stage carriage or omnibus but excluding an articulated vehicle or vehicle drawing a trailer;

(e)    a motor vehicle other than motorcycle or articulated vehicle;

(f)     agricultural machines and tractors;

(g)    articulated vehicles;

(h)    an earth-moving vehicle;

 

(i)     special, for physically handicapped persons.

(2)    A person not below the age of 18 years who desires to obtain the grant of a driver’s permit shall lodge with the State Directorate of Motor Vehicle Administration the appropriate application form duly completed and approved by a road traffic officer as in RS Form NDL 18N specified in Schedule 1 to these Regulation as the case may require.

(3)    The holder of a valid licence may apply for and obtain a renewal of the licence referred to in paragraph (2) of these Regulations at any time within a period of one month before the date of expiry of the licence and such renewal shall have effect on the expiration of the current licence.

(4)    An application for the renewal of licence shall be in RS Form NDL 15R in the Schedule 1 to these Regulations.

(5)    Subject to the provisions of paragraph (3) of this regulation, the grant or renewal of a driver’s licence shall take effect from the date of the receipt by the licensing authority of the application form duly completed.

(6)    A State Directorate of Motor Vehicle Administration shall require a person to undergo a driving test in accordance with regulation 27 of these Regulations if two or more years have elapsed since the person last held a valid driver’s licence.

24.    Photograph of the applicant

(1)    An application for the issue or re-issue of a driver’s licence shall be accompanied by one copy of a recent passport photograph (which shall be printed from the same negative) of the head, full face, and shoulders of the applicant approximately but not longer than 25 mm by 30 mm and where a driving test is required in pursuance of regulation 25 (1) of these Regulations, the copy shall have endorsed on the back thereof a certificate issued by the road traffic officer that it is a true resemblance of the applicant.

 

(2)    An application for the grant of a learner’s permit shall be accompanied by an unmounted photograph of the head, full face and shoulders of the applicant approximately but not larger than 25 mm by 30 mm.

25.    Driving test

(1)    A Directorate of Motor Vehicle Administration shall, before issuing a licence, require the applicant to pass a driving test to show that he is capable of fully controlling a motor vehicle of the type and group for which he has applied for a licence to drive:

Provided that a driving test shall not be required if documentary evidence is produced to the satisfaction of the road traffic officer that the applicant has, within a period of two years preceding the application, held a licence to drive a vehicle of the group specified in the application and was issued by either the Federal, State or local government.

(2)    In any case where the holder of a licence authorising the driving of a motor vehicle or one group subsequently passes a test in respect of a vehicle of another group, the applicant shall complete an application for a driver’s licence and submit same with the certificate of a road traffic officer, the original licence and the fee prescribed under these Regulations.

(3)    A new driving licence shall be endorsed with the number and date of issue of the original licence and with any conviction or order which relates to any offence within the immediately preceding two years which is endorsed on the original licence.

(4)    On the issuance of a new driving licence, the original licence shall be cancelled by the Directorate of Motor Vehicle Administration and forwarded to the central motor registry with the appropriate application form.

(5)    Where a driving test is required by the State Directorate of Motor Vehicle Administration, no licence shall be issued unless the application is accompanied by a certificate stating the group of licence issued under regulation 29 of these Regulations and the learner’s permit.

(6)    It shall be the duty and responsibility of a road traffic officer to test an applicant, carry out the vision test on the applicant and sign the column provided on RS Form 18N specified in Schedule 1 to these Regulations and issue a tester’s certificate thereof.

26.    Form of driving licence, etc.

(1)    A driving license shall be as specified in RS Form F3/90 specified in Schedule 1 to these Regulations and shall be renewable after two years from the date of issue -

(a)    before the applicant shall be entitled to receive a valid licence, the fee prescribed in these Regulations shall be paid; and

(b)    on the issuance of a learner’s permit, a licensing authority shall affix a passport photograph to the top right hand corner and when placing the official stamp on the permit, part of the stamp shall be on the photograph and part on the permit.

(2)    The holder of a driver’s licence shall append his signature and thumbprint in the space provided in the driver’s licence application Forms RS NDL 15R and Form RS NDL 18N specified in Schedule 1 to these Regulations.

27.    Conduct of driving test

(1)    A driving test shall be conducted by a road traffic officer, driver testing officer or a person appointed for that purpose by the State Director of Motor Vehicle Administration.

(2)    The test, which shall be held at such a time and place as the road traffic officer, the driver testing officer or a person so appointed may specify, shall be directed to ascertain the competence of the applicant to -

(a)    control the motor vehicle in the traffic;

(b)    bring the motor vehicle to a standstill from normal speed;

(c)    turn corners, cross main roads and turn from side to main roads;

(d)    pass other vehicles on the roads;

(e)    drive a motor vehicle except a motorcycle, backwards along a straight road and around corners;

(f)     turn round in a road;

(g)    understand the indication of speeds and figures shown on the speedometer of the motor vehicles;

(h)    demonstrate his knowledge of the rules of the road, the hand signals set out in Schedule 4 to these Regulations and signs illustrated in Schedule 5 to these Regulations and the principal offences set out under the Act and these Regulations;

(i)     read at a distance of 23 metres in good daylight (with the aid of glasses, if worn), a motor vehicle identification mark;

(j)     generally drive competently a motor vehicle or in the case of a person suffering from disability, a motor vehicle of the particular class to which the application relates, without danger to and with due consideration for other road users.

(3)    An applicant who passes a driving test on a vehicle fitted with automatic transmission or adopted vehicle shall have his driver’s licence so endorsed and shall only be permitted to drive such a vehicle.

28.    Learner’s permit

(1)    Subject to regulation 23 (2) of these Regulations, an application for a learner’s permit shall be accompanied by the fees prescribed in these Regulations and the grant of a learner’s permit upon any such application shall entitle the holder, when accompanied for the purpose of instruction by a licensed driver sitting beside him, to drive a vehicle of the group or type stated therein for a period not exceeding three months from the date of issuance of the learner’s permit within the area on the highways specified in the learner’s permit and to be tested after the said period of three months.

(2)    An application for a learner’s permit shall be in the prescribed RS Form ML. 16 specified in Schedule 1 to these Regulations.

(3)    Where in pursuance of paragraph (1) of this regulation the holder of a learner’s permit -

(a)    fails to take a driving test before the expiration of his third permit; or

(b)    takes a test and fails it, he shall, upon obtaining another learner’s permit in like manner be entitled to be tested, but not before one calendar month has expired since the date of the previous test.

29.    Certificate as to group of licence

When a person has passed a driving test to the satisfaction of the road traffic officer or such other officer authorised so to do, he shall be issued with a certificate stating the group of licence he is qualified to receive.

30.    Learner’s sign

Whenever an applicant for a driving licence is -

(a)    driving a vehicle for the purpose of being tested; or

(b)    the holder of a learner’s permit,

there shall be securely affixed to the vehicle so as to be easily visible on two plates, one of which shall be on the front and one on the back displaying the letter L, and which shall conform with the provisions set out in Schedule 3 to these Regulations and the plate shall have a white background and the letter “L” painted in red colour.

31.    Replacement of defaced or illegible licence

(1)    Subject to these Regulations, where the holder of a driver’s licence issued under this Part of these Regulations satisfies a licensing authority that -

(a)    the licence is dilapidated, mutilated, or illegible; or

(b)    the photograph on such licence has become defaced so as to impair the identification of the holder thereof, the road traffic officer shall upon the approval of the State Director of Motor Vehicle Administration issue a replacement licence in exchange for the original licence to the applicant and upon the payment of the prescribed fees in these Regulations.

(2)    On the issuance of the replacement of a licence the licensing authority shall endorse therein the particulars of any conviction or order endorsed on the original licence which relates to any driving offence committed by the owner of the licence within the preceding two years.

(3)    The original licence shall be cancelled by the licensing authority and shall be forwarded with the licence application and photograph to the Central Motor Registry which shall cause the original licence to be destroyed.

(4)    The procedure for replacing a lost, damaged or defaced licence shall be as follows-

(a)    the holder or owner shall -

(i)     report to the nearest police station and obtain a police extract stating the particulars of loss;

(ii)    prove ownership by swearing to an affidavit stating the facts of the loss;

(iii)    pay the fees prescribed in these Regulations;

(b)    the State Director of Motor Vehicle Administration on production of the

documents specified in this regulation by the holder or owner shall process a new licence in accordance with the provisions of regulation 33 of these Regulations.

32.    Replacement of lost or stolen licence

(1)    If the holder of a driver’s licence issued under this Part of these Regulations satisfies a licensing authority in the State in which the original licence was issued that the licence has been lost or stolen he may apply to that licensing authority for a replacement licence in the same manner as specified in regulation 31 (1) of these Regulations.

(2)    If the road traffic officer is satisfied from its records or has received confirmation from the State Directorate of Motor Vehicle Administration that the applicant previously held a valid driver’s licence during the previous two years in Nigeria he shall be issued a replacement licence and have endorsed thereon the particulars of any conviction order supplied by the State Central Motor Registry which relates to any driving offence committed within the preceding two years and the replacement licence shall be valid for the remaining period from the date of issue of the original licence.

(3)    The fee payable under this regulation shall be as prescribed in these Regulations.

(4)    The provisions of regulation 24 of these Regulations shall apply to any such replacement licence.

(5)    The State Directorate of Motor Vehicle Administration shall notify the National Director of Motor Vehicle Administration whenever a replacement licence is issued.

33.    Convictions to be reported to Central Motor Registry

If the holder of a driving licence is convicted by a court of any offence under the Act or these Regulations details of such convictions shall be forwarded to the State Central Motor Registry by the Divisional police officer or Sector Commander of the Commission.

PART V

Taxis, stage carriages, omnibuses and motorcycles for hire

34.    Conditions for licensing

Subject to these Regulations, a licensing authority may licence a motor vehicle as a taxi, stage carriage, omnibus or motorcycle on the payment of the fees specified in these Regulations, if the licensing authority is satisfied that -

(a)    the vehicle is registered as a taxi, stage carriage, omnibus or motorcycle for hire in accordance with the provisions of Part 1 of these Regulations; and

(b)    the vehicle conforms to the other conditions contained in these Regulations.

35.    Use and construction of taxis

No person shall cause or permit a taxi to be used on any highway, or shall drive or take charge of a taxi, unless the following conditions are satisfied, that is -

(a)    the maximum number of persons approved by the State Director of Motor Vehicle Administration to be carried at any one time shall be painted on the taxi in letters and figures not less than 25 millimetres in height and of such shape and colour as to be clearly distinguishable from the colour of the ground and the number shall be so painted at the registration or re-registration of the vehicle;

(b)    the word “Taxi” shall be painted in white letters 64 millimetres in height on the top corner of the windscreen on the near side;

(c)    the taxi shall be of such distinctive colour as may be approved by the National Director, Motor Vehicle Administration and have painted on each of the two front doors of the taxi a local identification mark allocated by the licensing authority for which the fee prescribed in Schedule 2 to these Regulations shall be paid;

 

(d)    each passenger shall be provided with seating accommodation of a width of at least 0.406 metres;

(e)    the taxi shall have two or more entrances on each side;

(f)     the taxi shall not be used for the conveyance of any marketable livestock;

(g)    the taxi shall not be used as a stage carriage by carrying passengers at separate and distinct fares or at the rate separate and distinct fares for their respective destinations;

(h)    the number of persons carried in the taxi shall at no time exceed the number authorised by the road traffic officer and recorded in the registration book of the vehicle;

(i)     the taxi shall at all times be kept in a clean and sanitary condition;

(j)     the taxi shall not stand or ply for hire if it is in such a condition as to be unsafe or unsuitable for the conveyance of passengers or does not conform to the requirements of these Regulations.

(2)    In pursuance of this regulation, the Technical Committee set up under regulation 14 of these Regulations shall have power to prescribe colour for taxis.

36.    Use and construction of multi-purpose vehicle

(1)    No person shall cause or permit a stage carriage to be used on any highway, or shall drive or have charge of a stage carriage, unless the following conditions are satisfied, that is -

(a)    each passenger is provided with seating accommodation, the supports of which are firmly fixed in position of a width of 0.356 metres, a depth of at least 0.356 metres and a maximum height of 0.457 metres from the floor of the stage carriage shall be allowed for the seating accommodation of each passenger;

(b)    in the case of seats facing in the same direction a clear space of at least 0.254 metres is allowed between the foremost part of one seat and the rear part of the seat in front and in the case of seats arranged facing each other a clear space of at least 0.4482 metres is allowed between the front edge of one seat and the front edge of the seat facing it;

(c)    the driver’s seat in stage carriage carrying passengers, or in a motor vehicle carrying goods and passengers is not less than 0.610 metres wide and is so constructed as to be centered on the steering column and the seat is completely divided off from any seating accommodation provided for any person sitting in the driver’s compartment by a fixed partition approved by the road traffic officer and no person except the driver shall occupy the driver’s seat;

(d)    in any case where the driver’s seat is so partitioned off, one person only shall sit in the remaining portion of the driving compartment if the seat provided exceeds 0.356 metres but less than 0.711 metres in width and if the seat exceeds 0.711 metres in width then not more than two persons may sit thereon;

(e)    the motor vehicle shall carry a conductor registered in accordance with these Regulations;

(f)     the driver of a stage carriage shall abide by any specified route or other conditions imposed by the State Director, Motor Vehicle Administration;

(g)    the number of persons carried in the stage carriage shall at no time exceed the number authorised by the Director, Motor Vehicle Administration and recorded in the registration book of the vehicle;

(h)    the stage carriage shall at all times be kept in a clean and sanitary condition.

(2)    For the purpose of paragraph (1) (h) of this regulation, the number of persons shall be calculated as follows, that is -

(a)    each person shall be taken as weighing 76.204 kilograms with an allowance of 12.700 kilograms, hand luggage;

(b)    two children under the age of twelve years shall be taken as one person; and in no case shall the number of persons to be carried at any one time exceed the number determined by dividing the registered freight or load which the vehicle is authorized to carry, expressed in kilograms, less the actual weight of any goods being carried in addition to the passenger, by 168.

37.    Use and construction of omnibuses

No person shall cause or permit an omnibus to be used on the highway, or take charge of an omnibus, unless the following conditions are satisfied, that is -

(a)    the maximum number of persons allowed by the State Director, Motor Vehicle Administration to be carried at any one time is painted on the omnibus in letters and figures and provided that in calculating the number of persons that an omnibus may be allowed to carry by the State Director, Motor Vehicle Administration may take into consideration the standing room available for passengers in addition to the actual available seating accommodation while the omnibus is operating within city limits only;

(b)    the overall length shall not exceed 12 metres;

(c)    the overhang shall not exceed one third of the overall length: so however that in the case of an omnibus body constructed in Nigeria, the over-hang shall not exceed seven twenty-fourths of the over-all length;

(d)    the body shall be soundly constructed and designed for the sole purpose of carrying passengers and hand luggage;

(e)    all seating accommodation shall allow a space of at least 0.356 metres in length for every passenger;

(f)     the width of the seats from front to back shall be at least 0.356 metres;

(g)    in the case of seats facing the same direction there shall be provided space of at least 0.660 metres between the front of the back of one seat and the back of the seat immediately in front, of which space 0.254 metres at least shall be clear of obstruction to the floor;

(h)    in the case of seats arranged facing each other there shall be a space of at least 0.457 metres clear of obstruction between the front edge of one seat and the front edge of the seat facing it;

(i)     the gangway shall be at least 40 cm wide;

(j)     at least two entrances or exits shall be provided for passengers (one of which may be an emergency exit) and all entrances or exits not being emergency exits shall not be less than 0.609 metres wide and shall not be less than 1.676 metres in height;

(k)    every entry or exit (other than an emergency exit) shall be on the near side of the omnibus;

(l)     every emergency exit shall be fitted with a door which shall be kept closed except in an emergency and every entrance or exit door shall be capable of being opened by one operation of the locking mechanism and shall be so designed as to be readily opened in case of need from both the inside and the outside of the omnibus;

(m)   the risers of all steps at the entrance and exits shall be closed and the maximum height from the ground of the lowest step shall be 0.457 metres;

(n)    the driver’s seat shall be divided off from the passengers’ accommodation by a portion approved by the Director, Motor Vehicle Administration;

(o)    the minimum internal height of the vehicle from the floor to the centre of the roof shall not be less than 1.7 metres;

(p)    there shall be provided a bell or other device electrically or manually operated which allows the conductor to transmit signals to the driver from any part of the interior of the omnibus;

(q)    the number of persons carried in an omnibus shall at no time exceed the number authorised by the Director, Motor Vehicle Administration and recorded in the registration book of the vehicle;

(r)     the omnibus shall at all times be kept in a clean and sanitary condition;

(s)    the omnibus shall not carry any load or luggage on its canopy.

38.    Use and construction of multi-purpose vehicle

(1)    No person shall cause or permit a multi-purpose vehicle to be used on any highway, or shall drive or have charge of a multi-purpose vehicle, unless the following conditions are satisfied, that is -

(a)    the maximum gross weight of the vehicle shall not exceed 32 tonnes;

(b)    the maximum load allowed by the State Director, Motor Vehicle Administration to be carried at any one time shall be painted on the vehicle in letters and figures not less than 25 millimetres in height;

(c)    and of such shape and colour as shall be clearly distinguishable from the colour of the ground whereon the letters and figures are painted;

(d)    the body shall be soundly constructed of a minimum of twenty gauge sheet metal and fitted with a permanent rigid roof, with or without, a sliding panel; and

(e)    any freight or load carried on the vehicle shall be secured in such a manner as to render it impossible for such freight or load or any part thereof to fall or move.

 

(2)    The number of persons carried shall for the purpose of this regulation be determined in the same manner as provided for in regulation 37 (2) of these Regulations.

39.    Private use of stage carriage or omnibus

Where any stage carriage or omnibus in respect of which a licence has been issued to ply for hire is hired by any person to be used exclusively for any particular purpose such stage carriage or omnibus shall carry in a conspicuous place on the front and rear thereof a sign marked “PRIVATE” in large and legible letters.

40.    Route restriction

No stage carriage or omnibus licensed to operate between specified points shall stand or ply for hire on any route other than that laid down pursuant to subsection (5) of section 1 of the Federal Highways Act or specified in the registration book issued in respect of the vehicle.

41.    Power of State Motor Vehicle Administration to fix fares

(1)    The Director, State Motor Vehicle Administration may -

(a)    fix maximum, and where necessary, minimum fares for taxis, stage carriages and omnibuses;

(b)    require taxis plying for hire to be fitted with a metre or other device approved by him for the purpose of indicating the correct authorised fare for any journey;

(c)    fix timetables for and determine stopping places in relation to stage carriages and omnibuses plying for hire on any specified routes;

(d)    determine the days and hours of operation during which stage carriages and omnibuses may ply for hire.

(2)    The meters specified in paragraph (1) (b) of this regulation, shall be regulated by public notice and any person aggrieved thereby may appeal to a magistrate’s court.

42.    Table of fares and timetable to be carried and exhibited

(1)    Every taxi, stage carriage or omnibus shall be required to carry and exhibit a copy of the table of fares and the timetable (if any) applicable to it, printed in large and legible type and placed in such a position on the vehicle as the Director, State Motor Vehicle Administration may direct and every meter or other device for indicating authorised fares with which a taxi may be required to be fitted shall be maintained in good working order.

(2)    Any person who demands or receives more than the maximum or accepts less than the minimum of the fares imposed as aforesaid is guilty of an offence under this regulation and liable on conviction to a fine of N2,000.

43.    Badges

(1)    No person shall drive a taxi, stage carriage or omnibus without having obtained from the licensing authority a taxi, stage carriage or, as the case may be, omnibus driver’s badge as prescribed in Schedule 3 to these Regulations.

(2)    A badge shall only be issued to a person who holds a valid driver’s licence in either group “C” or “E” in accordance with regulation 34 of these Regulations and shall not be transferable to any other person; and the issuance of the badge shall be endorsed on the driver’s licence.

(3)    The Directorate, Motor Vehicle Administration shall issue a badge on payment of the fee prescribed in these Regulations and on being satisfied that in addition to the applicant holding the appropriate driving licence he is a fit and proper person to drive a taxi, stage carriage, or as the case may be, an omnibus.

(4)    A road traffic officer may require an applicant for a taxi driver’s badge to pass a test designed to demonstrate his knowledge of streets and the shortest and best routes within the area in which it is reasonable to suppose that he will ply for hire, and if the road traffic officer requires him to pass such a test and he fails to do so, the licensing authority shall not issue the badge.

(5)    Any person aggrieved by the decision of a licensing authority under this regulation may appeal to a magistrate’s court within fourteen days of such decision.

44.    Conductor’s badges

(1)    The owner of a stage carriage or omnibus shall submit to a licensing authority for registration the names and addresses of all persons who he intends to employ as conductors, and such persons shall have attained the age of eighteen years.

(2)    The Director, Motor Vehicle Administration, on being satisfied that such persons are fit and proper persons to be registered shall upon the payment of the fee for each registration having been made, issue to the owner a conductor’s badge as prescribed in Schedule 3 to these Regulations, for each person so registered.

(3)    Upon any person ceasing to act as a conductor in the employ of the owner, the owner shall so notify the State Directorate of Motor Vehicle Administration and cause the badge issued in respect of that person to be returned whereupon the licensing authority shall cancel the registration.

(4)    A conductor’s badge issued in accordance with these Regulations shall not be transferable to any other person.

(5)    The Director of the Commission may, by notification in writing to all States Directors of Motor Vehicle Administration, exempt certain classes of omnibuses from the provisions of paragraph (1) of this regulation.

45.    Wearing of badges

A badge issued in accordance with these Regulations shall be worn in a conspicuous manner by the driver or conductor to whom it is issued and whenever, in the case of -

(a)    the driver, he is driving or in charge of a taxi, stage carriages or omnibus on a highway; and

(b)    the conductor, he is acting as conductor of a stage carriage or an omnibus.

46.    Surrendering of driver’s and conductor’s badges

If the driver of a taxi, stage carriage or omnibus, or conductor of a stage carriage or omnibus to whom or in respect of whom a badge has been issued is convicted of an offence under the Act or these Regulations or is considered by the State Director, Motor Vehicle Administration to be unsuitable to drive or to be in charge of such a vehicle, the State Director, Motor Vehicle Administration may by notice in writing demand the surrender of such badge, even if in the case of a driver, the licence to drive a motor vehicle has not been suspended or revoked by the magistrate’s court in

accordance with the provisions of these Regulations and the driver or conductor shall be required to surrender the badge to the State Director, Motor Vehicle Administration:

Provided that the driver or conductor if aggrieved may, within eight days of the notice from the licensing authority to surrender the badge, appeal against the notice to a magistrate’s court.

47.    Person in charge of stage carriage of omnibus

For the purposes of this Part of these Regulations, the conductor of a stage carriage or omnibus shall be deemed to be in charge of the vehicle except insofar as the driving thereof is concerned.

48.    Prohibition of noise, etc.

The owner, driver or conductor or any person acting on behalf of the owner, driver or conductor of a taxi, stage carriage or omnibus standing or plying for hire shall not -

(a)    speak, make any noise or sound any instrument in order to attract the attention of the public or of a possible passenger; or

(b)    act in any way so as to make himself objectionable or a nuisance to any person or so as to cause any annoyance or inconvenience to any person.

49.    No smoking while driving

The driver of a taxi, stage carriage or omnibus shall not smoke while driving the vehicle for hire.

50.    First two taxi drivers to stay by

(1)    The drivers of the first two taxis on a stand shall stay beside their vehicles and shall be ready to be hired at once by any person.

(2)    If any person wishes to engage a taxi of a particular seating capacity or type and if such a taxi is not the first one on the stand, the driver of the first taxi of the required seating capacity or type on the stand shall accept the hire.

(3)    All taxis on the stand shall move up as vacancies occur.

 

51.    Taxi drivers not to stop longer than necessary

The driver of a taxi when hired shall not, unless requested to do so by the hirer, stop his vehicle for a longer time than is reasonably necessary and, if he is not hired, he shall not stop his vehicle except on a public stand, and he shall not loiter when driving his vehicle on a highway.

52.    Taxi driver refusing to be hired without reasonable excuse

The driver of taxi shall not without reasonable excuse refuse to -

(a)    be hired when the vehicle is not on the stand; or

(b)    drive the vehicle to any place indicated by the hirer if the whole journey, including the return journey, does not exceed forty kilometres; or

(c)    carry such number of passengers, not exceeding the number specified in the registration book for the vehicle, as he may be required to carry by the hirer.

53.    Procedure regarding property left in vehicle

If the driver of a taxi or the conductor or driver of a stage carriage or omnibus finds any property left in the vehicle after the completion of a journey he shall without undue delay take it to the nearest police station or the Drivers Union office in the motor park.

54.    Person travelling in stage carriage or omnibus

No person shall, while travelling in or upon a stage carriage or omnibus -

(a)    use any obscene, indecent, offensive or quarrelsome language or gesture, or behave in any manner likely to annoy or insult any other person; or

(b)    wilfully interfere with the comfort of any other passenger; or

(c)    spit upon or out of, or wilfully soil any part of the vehicle; or

(d)    wilfully damage or deface the vehicle or any part thereof or any part of its equipment; or

 

(e)    wilfully do or cause to be done with respect to any part of the vehicle or its equipment anything which is calculated to interfere with the working of the stage carriage or omnibus or so as to cause injury or discomfort to any other passenger; or

(f)     wilfully obstruct or impede the driver or conductor in the exercise of their duty; or

(g)    enter into conversation with the driver of the vehicle whilst it is in motion; or

(h)    smoke or carry a lighted pipe, cigar or cigarette in any part of the vehicle whether or not a notice prohibiting smoking is exhibited in the vehicle; or

(i)     sell or offer for sale or distribute any goods or any printed matter of any description; or

(j)     throw any article from any part of the vehicle; or

(k)    refuse to pay his fare when lawfully demanded; or

(l)     cause an obstruction to the entrances or exits thereof or to the passenger way used to obtain access to the seats in the vehicle.

55. (1)All passenger carrying commercial vehicles shall, before commencing any intercity journey, keep and maintain a passenger manifest carrying the names of its passengers, their addresses and either their point of departure or destination or both.

 

(2)    Where the journey is disjointed by reason of some passenger alighting before the pre-determined destination, another passenger may be admitted on board, and the terminal point of the former shall be recorded and the particulars of the latter entered in the manner prescribed in paragraph (1) of this regulation.

 

(3)    A person taking charge of a motor vehicle shall not admit or cause to be admitted on board the vehicle, any passenger who fails or refuses to furnish his particulars in accordance with the provisions of this regulation.

(4)    The driver or person taking charge of a passenger commercial vehicle shall, when requested by a Road Marshal, Police Officer or Road Traffic Officer in uniform, present the manifest for scrutiny.

 

(5)    The passenger manifest shall be bound in the form of a booklet and kept in triplicate such that one copy shall be deposited with the office at the point of departure, another kept at the office of the final destination and a copy kept as a permanent record for future reference in the vehicle and shall be in the form prescribed in RS Form 50 specified in Schedule 3 of these Regulations.

 

(6)    A driver or a person taking charge of a passenger commercial vehicle who fails to comply with this provision is guilty of an offence and liable on conviction to a fine of N2,000 or to imprisonment for a term of six months.

 

(7)    A person shall not -

 

(a)    cause or permit any vehicle to stand or ply for hire which is not licensed under these Regulations; or

 

(b)    cause or permit any vehicle to stand or ply for hire which does not carry an identification plate as required by these Regulations; or

 

(c)    cause or permit any vehicle to ply for hire without exhibiting the table of fares and timetable (if any) and the number of persons the vehicle is licensed to carry; or

 

(d)    cause or permit any taxi which under these Regulations is required to be fitted with a meter or other device for indicating authorised fares to stand or ply for hire without such a meter or device in proper working order, or, while hired, fails to bring such meter or device into operation, or alters, damages or interferes in any way with the proper operation of such meter or device; or

 

(e)    cause or permit any taxi, stage carriage or omnibus to stand for passengers at any place except at a stand appointed by the State Director, Motor Vehicle Administration or otherwise any person authorised under any written law; or

 

(f)     while in charge of a stage carriage or omnibus pick up or let passengers alight except at the stopping place prescribed by the State Director, Motor Vehicle Administration or otherwise authorised under any written law; or

(g)    on a highway drive or be in charge of any motor vehicle standing or plying for hire without wearing the prescribed driver’s badge; or

 

(h)    act as a conductor of a stage carriage or omnibus without being registered by the Directorate of Motor Vehicle Administration; or

 

(i)     act as a conductor of a stage carriage or omnibus without wearing the prescribed conductor’s badge; or

 

(j)     employ as a conductor of a stage carriage or omnibus as person who is not registered by the Directorate of Motor Vehicle Administration; or

 

(k)    while in charge of a taxi, stage carriage or omnibus contravenes or permit any  contravention of these Regulations.

 

(8)    Any person who contravenes regulation 54 or 55 of these Regulations is guilty of an offence and liable on conviction to a fine of N2,000 or to imprisonment for a term of 6 months.

 

PART VI

 

Use and construction

 

56.    No person shall cause or permit a motor vehicle or trailer to be used on any highway or shall drive or take charge of a motor vehicle or trailer, unless all the conditions set out in this Part of these Regulations are complied with, that is—

 

(a)    a motor vehicle, if its net height exceeds 254 kilograms shall be capable of being so worked that it may travel either forward or backwards;

 

(b)    no motor vehicle or trailer inclusive of the load thereon shall exceed 2.5 metres in width, and no motor vehicle or trailer shall exceed 12 metres overall length;

 

(c)    the overhang of any motor vehicle or trailer shall not exceed seven twenty-fourth of the overall length of the chassis:

 

Provided that the provisions of this paragraph shall not apply to an omnibus;