Traffic Management Agency Law


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Traffic Management Agency Law

  2. 2. EKITI STATE TRAFFIC MANAGEMENT AGENCY LAW, 2011 INDEX OF SECTIONS1. Establishment of the Agency2. Establishment and Composition of the Board on Traffic enforcement and Management Agency.3. Power of the Board4. Appointment of Members of the Board5. Remuneration of Members of the Board6. Tenure of Office of Members of the Board7. Proceeding of the Board8. Power of the Commissioner9. The Secretary/Legal Adviser of the Agency10. Functions of the Agency11. Power of the Agency under the Second Schedule12. Traffic fines Ticket13. Ranks of the Staff of the Agency14. Declaration of Interest by Staff15. Provision of Equipment and Materials16. Jurisdiction and Operational Zones17. Immunity of Staff18. Staff to be regarded as Persons in the Public Service of Ekiti State
  3. 3. 19. Allocation of Service Numbers20. Funds and Resources of the Agency21. Accounts22. Operations of Bank Accounts23. Interpretations24. Citation and Commencement.
  4. 4. A LAW TO PROVIDE FOR THE ESTABLISHMENT OF THE EKITI STATE TRAFFICENFORCEMENT AND MANAGEMENT AGENCY: TO REGULATE, CONTROL AND MANAGE TRAFFIC AND FOR OTHER CONNECTED MATTERS. NO. 15 OF 2011 EKITI STATE OF NIGERIA COMMENCEMENT ( )ENACTED BY THE EKITI STATE HOUSE OF ASSEMBLY AS FOLLOWS:Establishment 1. (1) There is established under this Law of the EkitiOf the Agency State Traffic Enforcement and Management Agency (referred to in this Law as the Agency) (2) The Agency shall be under overall supervision of the Governor (3) The Agency shall:
  5. 5. (a) Be a body corporate with perpetual succession and common seal; (b) Have power to sue and to be sued in its corporate name; and (c) Be capable of holding, purchasing, acquiring and disposing of property movable, for the purpose of exercising its functions specified in this Law.Establishment 2 (1) There is established a Board for the Agencyand composition referred to in this law as the “Board”Of the Board onTraffic Enforcement (2) The Board shall consist of:and Management (a) A full time Chairman, who shall be aAgency holder of a recognized qualification in related discipline with relevant experience in traffic management shall be the head of the Agency. (b) Two other full-time members. (c) Two part time members (d) Ex-Officio Members who shall represent the following:
  6. 6. a. The Permanent Secretary of the Ministry of Works and transport b. One representative of the Nigeria Police Force, Ekiti State Command. c. One representative of the office of the Vehicle Inspection Officer (VIO). d. One representative of the State Ministry of Environment e. One representative of the Ministry of Justice f. One representative of the Federal Road Safety Corps (FRSC). g. One representative of each of transport- related Unions as follows i. National Union Of Road Transport Workers (NURTW), ii. Road Transporters Employer Association of Nigeria (RTEAN), iii. Nigeria Association of Cooperative Transporters (NACT).Power of the 3. The Board shall be charged with responsibility of:Agency (a) Reviewing progress of the programme of the Agency
  7. 7. (b) recommending change and additions to current programme especially the Annual Work Plan; (c) Identifying areas of inter-departmental and inter- governmental coordination; (d) Identifying areas of expertise that can be applied to specific problems; and (e) Offering technical advice to the Governor on traffic management and related issues.Appointment 4. The Governor shall appoint the Chairman and Members ofof members of the Board.of the BoardRemuneration 5. There shall be paid to be members of the Board suchOf member of remuneration and allowances as may be determined by theThe Board Governor from time to time.Tenure of 6. (1) The members of the board shall hold office for theOffice of the period of four (4) years and may be re-appointed
  8. 8. Members of for a further term of four (4) years.The Board (2) Notwithstanding anything to the contrary in the letter by which he is appointed, a member may be removed from office by the Governor if he: (a) Dies (b) Completes a term of office and is not re-appointed (c) Resigns from the office by the instrument in writing under his hand addressed to the Governor; (d) Becomes mentally incapacitated or is convicted of an offence involving dishonesty or traffic related offence; or (e) Has been involved in acts that cab be considered as inimical to the interest of the Agency or the State.Proceedings of 7. The provisions of the First Schedule to this LawOf the Board apply with respect to proceedings of the Board.Power of the 8. (1) Subject to the provisions of this Law, the
  9. 9. Commissioner Commissioner may give to the Agency, directives of a general character or relating generally to matters of policy, with regard to the exercise by the agency of its function under this law and it shall be the duty of the Agency to comply with such directives. (2) The Commissioner may make regulations or rules for the purpose of the provisions of this Law. (3) The provisions of the First and Second Schedules to this Law may be amended by Regulations made in pursuant to this Law by the commissioner subject to the provisions of the Regulations approval Law of Ekiti State and the approval of the House of Assembly.The Secretary/Legal 9. There must be a Secretary/Legal Adviser to the Adviser of theAgency Agency who shall be responsible to the Board in the discharge of his functions and shall in particular be responsible for the following: (a) Providing legal advice; and (b) Generally performing all other duties affecting the agency as may be specifically assigned to him by the Board (c) The day to day administration of the Agency
  10. 10. Function of the 10. The Agency shall discharge functions generally to:Agency (d) controlling traffic and enforcing State and National Laws that govern the safe use of vehicles on roads in Ekiti State (e) Deterring and apprehending road traffic offenders; (f) Conducting highly visible day and night traffic patrols to enforce traffic rules and regulations and clear the highways of obstruction; (f) Reducing the incidence and severity of road traffic accidents; (h) Identifying, developing, (i) Providing telephone accessible emergency towing services for broken down vehicles; (j) Maintaining a register of traffic violators; (k) employing mobile and random breath testing methods to ascertain whether a person is under the influence of alcoholic or drugs, while operating or being in charge of a motor vehicle as specified under the second schedule of this Law;
  11. 11. (l) Safeguarding highways from encroachment from the activities of markets, roads-side trading, street hawking and alms begging; (m) Safeguarding school children through crossing and school site zones (n) Safeguarding vehicles and pedestrians in construction zones, highways and streets; (o) Co-operating with Local, National International bodies. Agencies or groups engaged in road safety activities in the prevention of accidents on the highways; (p) Entering into agreement with any person for the supply, construction, manufacture or repair of any property whether movable or immovable, which is necessary or appropriate for the purpose of the Agency; and (q) Doing anything for the purpose of advancing the skill of employees of the Agency including the provision of facilities for trainingeducation and research.Power of the 11. (1) In the exercise of the function conferred on theAgency under the Agency, staff of the Agency shall have power to
  12. 12. Second Schedule arrest and prosecute traffic offenders reasonably suspected under the second schedule of this Law. (2) In the discharge of the functions of the Agency by or under this Law, a staff of the Agency shall have power to: (a) Arrest any suspected of committing or having committed an offence under this Law. (b) Impound any vehicle by which an offence under this Law is reasonably suspected to have been committed until the case is determined or disposed of: (c) Remove and detain any vehicle by which has been parked in a manner that causes an obstruction on a highway until the case is determined or disposed of; (d) Tow away and park impounded vehicles in the approved vehicle removed park; (e) Declare an offender as wanted when he fails to report to answer charges against him under this law. (3) After the 24hours of the seizure, the driver of the owner of the vehicle shall be liable to pay custody fees each day the vehicle remains in custody; provided that if the driver or owner of the vehicle fails to reclaim the vehicle within a period of 6 (six) months from the date of the seizure, the impounded vehicle
  13. 13. shall be vested in the Ekiti State government, which reserves the right to dispose vehicle as it deems fit.(4) Any person who commits any offence under this law or any other enactment shall be liable on conviction to the penalty stipulated under the second schedule to this law or a specified in the enactment or to any non-custodial punishment provided by the Law.(5) Notwithstanding the provisions of subsection (4) of this section, a court convicting a person of an offence under this law 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 Law.(6) Any person suspected of having committed any offence to which this section applies, and who refuses without lawful excuse to give a staff of the Agency any information demanded or gives a false name or address or any other false information commits an offence and is liable on conviction to a fine of N5,000.00 or to imprisonment for six months or to any non- custodial punishment provided by Law.(7) Persons suspected to have committed an offence under this Law may be prosecuted in any Magistrate court in the State.
  14. 14. (8) In addition to any of the punishment that may be imposed under this Law or any other enactment, a court may order an offender to undertake a course of study at a Driving Institution for a period of not less than two (2) days but not exceeding fourteen (14) days in respect of any offence for which the person is convicted.Traffic fines 12. (1) Notwithstanding the provisions requiring the impositionTicket of a penalty after conviction by a Magistrate Court, a person accused of a traffic offence may wish to waive his rights to a court trial by electing to pay the stipulated fines on the fine tickets to designated Sate Accounts. (2) Where a staff of the Agency who reasonably suspect that an offence under the second schedule to this law has been committed issues a Traffic fine Ticket to a person suspected to have committed the offence, the person may elect to pay the fine within twenty-four hours of the issuance of the Traffic Fine Ticket. (3) The person paying the fine shall obtain an official ticket showing the offence and the amount of fine paid. (4) The vehicle of any person who is suspected to have committed the offence under this Law shall be detained until the said fine is paid.
  15. 15. (5) Where a person issued with a Traffic fine ticket contests the Agency of an offence or defaults to pay the fine within the stipulated time, a charge may be preferred against him at a Magistrate Court.Ranks of the 13. (1) Staff of the Agency shall bear such ranks andStaff of the Agency designation as may be assigned to them. (2) The entry qualification for the appointment of the staff shall be in accordance with the rules made by the Agency for that purpose but must not be less than: (a) a minimum entry of Senior Secondary School Certificate or its equivalent. (b) Certificate of medical fitness from a government hospital. (3) Uniformed staff of the Agency in addition to the conditions prescribed in section 13 (2) above would be required to be: (a) Physically fit; (b) Of a minimum height of 1.67 meters (5 ft 6ins.) for male staff and (c)Of a minimum height of 1.62 meters (5.4ins.) for female staff.
  16. 16. Declaration of 14. (1) A person shall, before he is appointed as a staff of theInterest by Staff Agency, required to declare his interest, if any, in any transport or other business organization undertaking transportation of passengers, or goods or engaged in the repair and maintenance of vehicles or the manufacturing or sale of any equipment used by the Agency. (2)A Staff of the Agency who acquires any financial interest in any organization undertaking transportation of passengers or goods or is engaged in the repair and maintenance of vehicles or in the production or sale of any equipment used by the Agency, shall, within one month of such acquisition give notice thereof in writing to the Agency specifying the interest so acquired and the Agency may, after taking into consideration all the circumstances of the case, decide whether- (a) to retain him as a staff of the Agency; or (b) to remove him from such membership of the staff. (c)to attach any condition to his membership of staff.Provision of 15. The Agency shall provide for the use of members, suchequipment equipment as the Agency may consider necessary for the and
  17. 17. materials effective and efficient discharge of the function conferred by the Law; including the provision of uniforms, identification card, retro- reflective jackets, raincoats, high-powered motorcycles, patrol car, ambulance, recovery vehicles, two-way mobile radios, telephone sets, computers, rescue tools and powerful torches. Jurisdiction 16. (1) The Agency shall operate in the entire State And Operational (2) For the administration of this law, the Agency shall Zone shall create operational zones in the State, each of which shall be under the control of an officer appointed by the Agency. (3)The Agency may deploy to each operational zone such number of traffic control officers as it may deem sufficient for enforcing the provisions of this Law within the operational zone. Immunity of Staff 17. A uniformed or non-uniformed staff of the Agency shall not be liable for any act lawfully done by him in the exercise of his duty and within the limits of power conferred on him by this Law or any rules or regulations made there under.
  18. 18. Staff to be 18. (1) Service by Staff of the Agency under this Law shall beRegarded as persons deemed to be public service of the Ekiti StateIn the Public Service of Government.Ekiti State (2) The Board may require any person employed as a staff of the Agency to undergo such course of training related to the functions of the Agency at such institutions or organizations as the Board may decide from time to time.Allocation of 19. (1) Every Staff of the Agency shall have allocated to him aService Numbers service number which shall be prefixed against his name in the register of staff kept in the Agency. (2) The Service number shall be the identity number of the staff and shall be affixed in the case of a uniformed staff above the breast pocket of his shirt or such conspicuous part of his uniform as the Agency may decide.Funds and 20. The funds and resource of the Agency shall consist of:Resources of the (a) such sums or other advances by way of loans, or grantsAgency to the Agency by the Government.
  19. 19. (b) The sums of or other property whatsoever as may from time to time be advanced by way of loans or grants to the Agency or institution, any international organization or private foundation or any person whatsoever; (c)Any investments or other property acquired by or vested innthe Agency; (d) All other sums or property, which may in any manner become payable to or vested in the Agency in respect of its power and duties or any matter incidental thereto under this Law.Account 21. (1) The Authority shall keep proper account of all its transactions in such a form as the Governor may direct or as may be prescribed by Law. (2) The form of accounts shall be such as to secure the provision of separate information in respect of each of the main activities and department of the Agency. (3) The accounts shall be audited annually by external auditors appointed by the Agency from a list of approved Auditors provided by the Auditor-General of the State. (4) The Agency shall within six (60 months after the end of each financial year, furnish the Governor with; (a) a copy of the audited accounts of the Agency.
  20. 20. (b) a copy of the general report and full report of the external Auditor; and (c) a detailed report of the state of affairs of the Agency for the financial year, including a statement of the change in the general reserve fund arising from the activities of the Agency during the year upon. (5) The Agency or Governor shall cause audited account and the Annual report of the Agency to be published in the Government Gazette after complying with subsection (4) of this section and be available on demand to the public.Operations of 22. The Agency shall operate funds with a reputable bank orBanks Accounts banks in the State and the signatories to the account shall be the Secretary and the Director of Finance and Administration (DFA).Interpretation 23. In this Law, unless the context otherwise requires: “Agency” means the Ekiti State Traffic Enforcement and Management Agency;
  21. 21. “Driving Institution” means any Driving Institution designated by Government “Financial year” means every period of twelve months terminating on the 31st day of December. “Government” means Government of Ekiti State; “Governor” means Governor of Ekiti State “Commissioner” means Commissioner of Works and Transport or any person for the time being to whom the responsibility for transportation in Ekiti State in delegated by the Governor; “Staff” means a uniformed, non-uniformed staff of the Agency; “Member” means a member of the Ekiti State Traffic Enforcement and Management Agency Board. “State” means Ekiti State of Nigeria.Citation and 24. This Law may be cited as the Ekiti State TrafficCommencement Management Agency Law, 2011.
  22. 22. FIRST SCHEDULE SECTION SEVEN BOARD PROCEEDINGS1. The Board may make standing orders regulating the proceedings of the Board or of any committee constituted by the Board2. At any meeting of the Board, the Chairman or in the absence, any member duly appointed by the Board shall preside at the meeting.3. Where the Board wishes to obtain the advice of any person on a particular matter, the board 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 Board.4. (1) The Board may appoint one or more committees to carry out, on behalf of the board, such of its functions as the Board may determine. (2) A committee, appointed under this paragraph shall consist of the number of persons determined by the Board and not more than one third of those persons may be persons who are not member of the Board, and a person other than a member of the Board shall serve on the committee in accordance with the terms of the instrument by which he is appointed.5. The fixing of the seal of the Board shall be authenticated by the signature of the Chairman or some other member authorized generally or specified by the Board to act for that purpose.
  23. 23. SECOND SCHEDULE (SECTION II) FINES & PENALTIES LICENCE CONDITION (GENERAL) (LCG)S/NO VIOLATION CODE POINT FINE IN ADDITIONAL NAIRA1. Driving without LCG-01 2 2,000.00 Impound Vehicle Drivers Licence2. Driving of any LCG-02 2 2,000.00 Impound Vehicle Vehicle by person under 18 (training a must)3. Learner drivers LCG-03 2 2,000.00 Impound Vehicle without learner’s permit4. Learner driving on LCG-04 2 2,000.00 Dislodge Driver major highway5. Learner driving and LCG-05 2 2,000.00 Dislodge Driver unaccomplished by licenced driver.
  24. 24. 6. Driving an LCG-06 4 25,000.00 Impound Vehicle unlicenced vehicle.7. Driving a vehicle LCG-07 2 5,000.00 Impound Vehicle with unauthorized or defective reflective number plate8. Driving with a LCG-08 3 10,000.00 Impound forged driver’s Vehicle/Court licence9. Driving a private LCG-09 2 2,000.00 Impound Vehicle vehicle without a valid road worthiness certificate10. Driving a company LCG-10 2 5,000.00 Impound Vehicle vehicle without a valid road worthiness certificate
  25. 25. 11. Driving without LCG-11 2 2,000.00 Impound Vehicle valid vehicle licence
  26. 26. LICENCE CONDITION (COMMERCIAL) (LCG)S/NO VIOLATION CODE POINT FINE IN ADDITIONAL NAIRA12. Not painting a LCG-01 4 2,500.00 Enforce and commercial Painting vehicle in approved state colour13. Driving a LCG-02 2 a. 1,000.00 Impound commercial Vehicle b. 2,500.00 vehicle without valid hackney/stage14. Driving a LCG-03 2 a. 1,000.00 Impound commercial Vehicle b. 2,500.00 vehicle without certificate of road worthiness A = Cars B = Pickups/Big Lorries
  27. 27. TRAFFIC SIGNS AND MARKETING (TSM)S/NO VIOLATION CODE POINT FINE IN ADDITIONAL NAIRA 15. Disobeying traffic TSM-01 2 2,000.00 control personnel or traffic signs 16. Disobeying traffic TSM-02 2 2,000.00 lights17. a. Parking on yellow line TSM-03 4 2,000.00 on any public highway/illegal packing Packing on yellow line on any public b. 4 highway/illegal parking for trailer. TSM-03 5,000.00 18. Vehicle crossing TSM-04 4 2,000.00 double yellow line/centre line. 19. Staying within the TSM-05 3 2,000.00 yellow junction box (offside rule).
  28. 28. 20. Failure to yield to TSM-06 3 2,000.00 right of way of pedestrians at a zebra crossing. 21. Failure to give to TSM-07 2 2,000.00 traffic on the left at a round aboutVEHICLE DEFECT (VDF) S/NO VIOLATION CODE POINT FINE IN ADDITIONAL NAIRA22. Driving vehicle & motorcycle VDF-01 2 2,000,00 Impound & with non functional lamp Enforce repairsSMOKING (ALD)S/NO VIOLATION CODE POINT FINE IN ADDITIONAL NAIRA23. Smoking & Drinking Alcohol ALD-02 2 4,000.00 Impound while driving Vehicle.
  29. 29. MOTOR-CYCLE RIDERSS/NO VIOLATION CODE POINT FINE IN ADDITIONAL NAIRA24. Riding motor-cycle MCL-01 1 2,500.0 Impound without crash helmet 0 Motor-cycle for rider and passengers 1,000.0 025. Riding a motor-cycle MCL-02 2 2,000.0 Impound without a rider permit 0 Motor-cycle26. Riding a motor-cycle: MCL-03 3 2,500.0 Impound 0 Motor-cycle (i)against traffic or (ii) on the kerbed, median or road set backs27. Conveying more than MCL-04 2 2,000.0 Dislodge one passenger at any 0 extra given time passenger28. Alteration of MCL-05 2 2,500.0 Impound manufacturers 0 Motor-cycle specification on motorcycle (e.g. Handle
  30. 30. bar/leg)29. Motorcyclist resisting MCL-06 2 2,000.0 Impound arrest or offering bribes 0 Motor-cycle30. Operating a motorcycle MCL-07 2 2,500.0 Impound without registration 0 Motor-cycle particulars31. Operating a motorcycle MCL-08 2 1,000.0 Impound without side mirrors, 0 Motor-cycle trafficators, break lights or rear lights32. Under aged person MCL-09 2 2,500.0 Dislodge (under 18 old) riding a 0 rider & motorcycle Impound33. Motorcycle operator MCL-10 1 2,500.0 Impound using horn designated 0 horn for motor vehicles/siren34. Operating a motorcycle MCL-11 3 5,000.0 Impound beyond 8:00 p.m. in Ekiti 0 Motor-cycle
  31. 31. MISCELLANEOUS TRAFFIC FINESS/NO VIOLATION CODE POINT FINE IN NAIRA ADDITIONAL35. Assault on a traffic officer MTF-01 3 5,000.00 Prosecute in court.36. Driving in a direction MTF-01 4 5,000.00 Impound prohibited by the road Vehicle traffic law.37. Illegal U-turns MTF-03 3 5,000.00 Driver Training38. Wrongful overtaking of MTF-04 2 5,000.00 Driver Training other vehicle39. Overloading of a MTF-05 4 5,000.00 Dislodge commercial vehicle on the excess high-way40. Driving on the walkway or MTF-06 4 5,000.00 Move away kerbs41. Parking or stopping to pick MTF-07 3 2,500.00 Training passenger by a commercial vehicle on the highway.
  32. 32. 42. Offering of bribes to a MTF-08 4 5,000.00 Prosecute traffic officer by vehicle users43. Abandoned vehicle on MTF-10 2 a.Car 10,000.00 Impound highway b.Trail 10,000.00 er and big lorries44. Causing obstruction on MTF-11 2 5,000.00 Impound highway if broken down45. Commuter or conductor MTF-12 2 2,500.00 Dislodge hanging on tailboard of moving vehicle.46. Driving vehicle with doors MTF-13 2 5,000.00 left open.47. Making or receiving phone MTF-14 2 2,500.00 Impound the calls while driving. Cell-phone48. Driving without a strapped MTF-15 2 2,500.00 Strap on seat seat belt for both drivers belt. and front seat passengers49. Failure to display reflective MTF-16 2 2,000.00 warning sign at point
  33. 33. breakdown50. Motorist resisting arrest MTF-17 2 5,000.0051. Willful obstruction on MTF-18 2 2,500.00 highway.52. Non-Covering of Load of MTF-19 3 5,000.00 sand, Laterite or gravel CUSTODY CHARGES S/NO VIOLATION CODE POINT FINE IN ADDITIONAL NAIRA53. Custody charge for SCC-01 500.00 impounded cars, jeep and mini-buses per day54. Custody charge for SCC-02 200.00 impounded motor-cycles and 3-wheeleers per day55. Custody charged for all other SCC-03 1,000.00 impounded vehicle 6- wheeleers and above per day
  34. 34. TOWING OF VEHICLE S/NO VIOLATION CODE POINT FINE IN NAIRA ADDITIONAL56. Cars/Jeep/Buses SCC-04 5,000.00 Pay towing cost57. Pickups/Lorries/Luxurious SCC-05 25,000.00 Pay towing buses cost58. Trailers SCC-06 50,000.00 Pay towing cost
  35. 35. This printed impression has been carefully compared by me with theBill, which has been passed by the Ekiti State House of Assembly andfound by me to be a true copy of the said Bill.……………………………………………..MR. BEN. AKINTUNDE FAMOYEGUN Clerk of the House of Assembly ........................................................... Rt. Hon. (Dr.) Adewale A. Omirin Speaker of the House
  36. 36. Governor’s Assent I hereby signify my assent to this Bill DR. KAYODE FAYEMI Executive Governor of Ekiti StateMADE AT ADO EKITI THIS 26th DAY OF July, 2011