Delta State Traffic Management Authority Law, 2013

DELTA STATE TRAFFIC MANAGEMENT AUTHORITY LAW, 2013

1. Short Title and Commencement. This Law may be cited as the Delta State Traffic Management Authority Law, 2013 and shall come into force on the 24th day of October, 2013.

2. Interpretation. In This Law: "Authority" means the Delta State Traffic Management Authority; "Auditor General" means the Auditor-General of the State; "Commissioner" means the Commissioner for Transport; "Ex-officio member" means Government representative who is a member of the Board of the Authority; "Financial year" means every of twelve months terminating on the 31st day of December; "Government" means Government Delta State; "Governor" means the Governor of Delta State; "House" means the Delta State House of Assembly; "Impounded Vehicle Park" means all those premises designated by the Authority for the custody of vehicles impounded by the Authority under this Law; "Law" includes the Delta State Traffic Management Authority Law or any other Law regulating vehicular traffic in the State; "Member" means a uniformed, non-uniformed or honorary public member of the Authority; "Road" include street road and highways within Delta State; "State" means Delta State of Nigeria; "Strategic Public Transport Infrastructure" include Bus-stops and terminals; "Traffic Mayor" means volunteer traffic controller; "Traffic Officers" include all officer as recognised by the Authority; "Vehicle" includes motor cycle, tricycle, car, bus, truck, tipper, tractor, tanker, trailer, and earth moving truck.

3. Establishment of the Authority. (1) There is hereby established a body to be known as the Delta State Traffic Management Authority. (2) The Authority shall: (a) be a corporate body with perpetual succession and a common seal; (b) have power to Sue and be sued in its corporate name; and (c) be capable of holding, purchasing, acquiring and disposing of property moveable or immovable, for the purpose of exercising its functions as specified in this Law.

4. Functions of the Authority. The functions of the Authority shall be to: (a) control traffic and enforce State and Federal laws regulate the safe use of vehicles on roads in the State in co-operation with vehicle inspection Unit of the Directorate of Transport, the Nigeria Police Force and any Federal Agency charged with similar responsibility; (b) undertake proactive and targeted enforcement of traffic laws in collaboration with the Nigeria Police Force; (c) deter and apprehend road traffic offenders; (d) take practical and effective steps to reduce casualties on roads; (e) employ mobile and random breath testing methods to detect drunk drivers; (f) safeguard motor vehicles, motorcyclists, cyclists and pedestrians at railway level crossing or during any public procession on the road; (g) safeguard vehicles and pedestrians in construction zones and highways and streets; (h) enforce the use of strategic public transport infrastructure by transport operators to ensure safe and efficient boarding and disembarkment of buses and other transport modes; (i) research and implement innovative traffic management strategies; (j) make adequate provision for accident response and management including a widely communicated emergency helpline; (k) carry Out regular and effective public awareness Campaigns to discourage the activities of traders, street hawking and alms begging on the highway; (l) carry out regular and effective public awareness campaigns to discourage the activities of traders, street hawking and alms begging on the highway; (m) conduct highly visible day and night traffic patrols, to enforce traffic rules and regulations and clear the highways Of obstruction; (n) develop and implement a programme of road safety initiatives which safeguards children, the aged, the physically challenged and other vulnerable road users; (o) undertake the licensing and regulation of transport operators encompassing passenger transport and freight operators; (p) develop and maintain a bus driver competence framework which delivers accredited professional training as a prerequisite for obtaining licence to drive passenger buses; (q) collaborate with Government and relevant Federal Agencies to implement environmental initiatives aimed at reducing carbon emissions; (r) develop and maintain an integrated public transport system across the State; (s) produce and publish annual work plans; (t) advise the government on public transport matters; (u) gather, analyse and publish transport related statistics; co-operate with Local, National and International bodies, Agencies or Non-governmental organisations engaged in road safety activities or in the prevention of accidents on the highways; and (v) enter into agreement with any person for the supply, construction, manufacture, maintenance or repair of any property whether movable or immovable, which is necessary or appropriate for the purpose of the Authority.

5. Powers of the Authority. (1) In the discharge of its functions, the Authority shall have the power to: (a) arrest any person suspected of violating or having violated any provision under this Law, or any other Law regulating vehicular traffic in the State; (b) impound any vehicle which violates any provision of this Law or any other Law regulating vehicular traffic in the State; (c) remove and detain any vehicle which is not road-worthy or parked in a manner that causes traffic obstruction, and (d) remove impounded vehicle to designated vehicle park. (2) After the first 24 hours of detention of a vehicle, the driver or owner of the vehicle shall be liable to pay custody fees for everyday during which the vehicle is detained if there is no case pending: Provided that if the driver or owner of vehicle fails to reclaim the vehicle within the period of six months the impounded vehicle shall be vested in the State Government which reserves the right to dispose of the vehicle as it deems fit.

6. Enforcement. (1) Any person who contravenes any of the subsections of this section or violates any provision under this Law shall be liable on conviction to penalty as specified in the relevant sections of this Law or, as the case may be, in respect of offences specified in the Second Schedule to this Law. (2) (a) the Authority shall introduce the penalty points rating and shall apply the points contained in the third column of the Second Schedule to this Law, for each traffic offence. (b) A cumulative number of penalty points in excess of twenty points for any offender, within three months in one or more arrests shall lead to the withdrawal of the offender's licence for a period of six months in the first instance. (3) Any person suspected to have violated any provision under this Law or any other Law regulating vehicle/or traffic, and who refuses without lawful excuse to give an authorized officer any information demanded or gives a false name or address or any other false information to an authorized officer, shall be liable on summary trial to a fine of twenty thousand naira only or to imprisonment for six months. (4) Any person suspected to have violated any provision under this Law or any other Law regulating vehicular traffic in the State may be prosecuted in any Magistrates' Court or a Mobile Traffic Court in the State. (5) The prosecution of offenders under this Law shall be by a Legal Officer from the State Ministry of Justice or an Officer of the Nigeria Police Force. (6) Notwithstanding the provisions of subsection (2) of this section, the court sentencing an offender 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.

7. Advisory Board. (1) There shall be an Advisory Board for the Authority. (2) The Advisory Board shall consist of: (a) a Chairman, who shall be a University/HND graduate or its equivalent with at least ten years cognate experience in road traffic management or a retired senior officer of the armed forces or Security Agencies not below the rank of a Colonel or its equivalent; (b) the Permanent Secretary of the Ministry of Transport; (c) the Commissioner of Police, Delta State Command or his representative; (d) One representative of each of the following ministries, not below the rank of an Assistant Director: i. Works; ii. Environment; iii. Finance; iv. Land, Surveys and Urban Development; v. Justice; vi. Health. (e) One representative of the body of Local Government Chairmen of the State; (f) One representative of the State Association of Chamber of Commerce, Mines and Industry; (g) One representative of National Union Of Road Transport Workers, Delta State Chapter; (h) three Transport/Traffic Safety Consultants representing each of the three Senatorial Districts in the State; (i) one representative of the Federal Road Safety Commission, Delta State Command; (j) One representative from driving school proprietors association, Delta State Chapter; and (k) the Director-General Of the Authority.

8. Appointment of the Chairman. The Governor shall appoint the chairman of the Advisory Board subject to the confirmation of the House.

9. Remuneration. There shall be paid to the members of the Advisory Board who are not ex-offcio Members such remuneration as applicable to other Boards and Agencies in the State.

10. Tenure of Office. (1) The Members of the Board shall hold office for a period of three years and may be reappointed for another term of three years only. (2) All Members of the Advisory Board except the Director-General shall be part-time Members. (3) The Governor may remove the Chairman or the Director-General from office on ground of insanity, inability to perform the functions of his office or for gross misconduct.

11. Responsibility of the Advisory Board. The responsibilities of the Board shall be to: (1) formulate policies on road traffic matters; (2) identify and develop new and alternative methods of traffic management and road safety activities in the State; (3) review progress of the programmes of the Authority; (4) recommend changes and additions to current programmes especially the annual work plan; (5) identify areas of inter-departmental and inter-governmental co-ordination to promote efficient traffic management in the State; (6) identify areas of expertise that can be applied to specific problems in Traffic Management; (7) offer technical advice to the Commissioner on Management and related issues; and (8) recruit, promote and discipline the staff of the Authority.

12. Appointment of Director-General. (1) There shall be a Director-General of the Authority who shall appointed by the Governor subject to the confirmation of the House. (2) The Director-General shall be appointed for a tenure of four years in the first instance and may be reappointed for another term of four years only. (3) The Director-General shall be a University/HND graduate with at least 10 years cognate experience in Road Traffic Management or other related matters.

13. Duties of the Director-General. The Director-General shall: (1) Supervise and exercise control over staff of the Authority; (2) Provide a focal point for Traffic Management and safety programmes information, execution, funding and manage the finances of the Authority; (3) With the approval of the Board, deploy human and material resources in such manner as will best ensure the attainment of the aims and objectives of the Authority. (4) Serve as the Secretary to the Board and the Chief Accounting Officer of the Authority.

14. Departments in the Authority. The Authority shall maintain the following major departments: (1) Operations and Technical Services Department; (2) Planning, Research and Statistics Department; (3) Finance and Accounts Department; (4) Administration Department; (5) Legal Department.

15. Regulation of Driving School. No person or institution shall teach or train a person in the act of driving a vehicle in the State unless the trainer or teacher is duly approved by the Authority with an approved letter L sign attached to the vehicle.

16. Establishment of Mobile Traffic Court. (1) There shall be established a Mobile Traffic Court for the Trial of Traffic Offenders which shall be presided over by a Magistrate or Revenue Court Judge designated by the State Chief Judge and shall sit in any part of … (2) The proceedings of the Mobile Traffic Court shall be held in public unless the Magistrate or Revenue Court Judge considers that in the interest of justice or public safety, a private sitting of the Mobile Traffic Court shall be held. (3) Notwithstanding the provisions of this section, a traffic offender may wish to waive his rights to a court trial by paying the stipulated fines on the fines tickets into the designated State Account. (4) All accounts kept by the Registrar of the Mobile Traffic Court shall be audited al such time and in such manner as the Auditor-General of the State may deem fit.

17. Appeals. Appeal shall lie from the final decision of a Mobile Traffic Court to the State High Court within 28 days of the decision.

18. Traffic Fines/Tickets. (1) Any fine imposed on an offender as set out in the Second Schedule to this Law shall be paid to the Mobile Traffic Court or into a designated bank account within seventy-two hours, where it is imposed by a Road Traffic Officer on highway patrol or a Mobile Traffic Court, the offender shall obtain an official ticket showing the provision of the Law violated and the amount paid thereof. (2) Any vehicle used by a person to violate any provision under this Law or any other Law regulating vehicular traffic in the State, shall be detained in the Impounded Vehicle Park until the said fine is paid. (3) On the default of imposed fine, a compound interest of 5% shall be accrue to the fine.

19. Jurisdiction and Operational Zones. (1) The Authority shall operate in the entire State. (2) The Authority shall create operational zones in the State, each of which shall be under the control of an Officer appointed by the Authority. (3) The Authority may deploy to each operational zone such number of Traffic Officers as it may deem sufficient for enforcing the provisions of this Law.

20. Staff Service Number. (1) Every staff of the Authority shall have allocated to him, service number, which shall be prefixed against his name in the register of staff to be kept in the Authority. (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 other conspicuous part of his uniform as the Authority may decide. (3) A uniformed staff of the Authority shall be in his uniform whenever he is on duty in his office or on the road.

21. Funds and Resources of the Authority. (1) The funds and resources of the Authority shall consist of- (a) such sums appropriated and released to the Authority in any financial year or other advances by way of loans, or grants to the Authority by the State Government; (b) sums of money or other property whatsoever as may from time to time be advanced by way of loans or grants to the Authority by any other Government Agency or Institution, any international institution or private foundation or any person whatsoever; (c) any investment or other property whatsoever acquired by or vested in the Authority; and (d) all other sum or property whatsoever which may in any manner become payable to or vested in the Authority in respect of its power and duties or Of any matter incidental thereto under this Law.

22. Accounts/Audit. (1) The Authority shall keep proper accounts of all its transactions in such a form as the financial regulations of the State may allow. (2) There shall be an internal auditor in the Authority to audit the accounts from time to time. (3) The accounts shall be audited annually by the Auditor-General of the State. (4) The Authority shall within six months after the end of each financial year, furnish the Governor with- (a) a copy of the audited accounts of the Authority; (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 Authority for the financial year, including a statement of the change in the general reserve fund arising from the activities of the Authority during the year reported upon. (5) The Auditor General shall cause to forward the audited accounts and the annual report of the authority to the State House of Assembly after complying with sub section 3 of this section.

23. Bank Accounts Signatories of the Authority. The Authority shall operate funds with a reputable Bank or Banks in the State and the signatories to the accounts shall be the Director General and Head of Accounts or their designated representatives as duly authorized by the Authority.

24. Punishment. Any Traffic Officer who in the course of his duty acts fraudulently, maliciously, negligently or contrary to the provision of this law shall be liable to any disciplinary measure as stipulated in the Public Service Rules. Schedule 1 DELTA STATE TRAFFIC MANAGEMENT AUTHORITY LAW, 2013 Advisory Board Proceedings

1. The Board may make standing orders regulating its proceedings or any Committee thereof.

2. The quorum of the Board shall be eight and the quorum of any Committee of the Board shall be determined by the Board.

3. At any time while the Office of the Chairman is vacant or the Chairman is, in the opinion of the Board, temporarily or permanently unable to perform his functions, in the schedules. The Chairman shall be construed accordingly.

4. (1) Subject to the provisions of any applicable standing orders, the Board shall meet whenever summoned by the Chairman; and if the Chairman is required to do so given to him by not less than three other members, he shall summon a meeting of the Board to be held within twenty-one days from the date of which the notice is given. (2) At any meeting of the Board, the Chairman, or in his absence, any member duly appointed by the Board shall preside at the meeting.

5. (1) The Board may appoint one or more Committees to carry out, on behalf of the Board, such functions as the Board may determine. (2) A Committee appointed under this paragraph shall consists of the number of persons determined by the Board and not more than one-third of those persons may be persons who are not members of the Board, and a person other than a member of the Board shall hold office of the Committee with the terms of the instrument by which he is appointed.

6. The fixing of the seal of the Board shall be authenticated by the signature of the Chairman. Schedule 2 DELTA STATE TRAFFIC MANAGEMENT AUTHORITY LAW, 2013 Traffic offences and penalties No. Violation Code Penalty Point Fine Additional N License Conditions (General) 1 Driving without a Driver's License LCG- 2 5,000 Impound Vehicle 01 2 Driving any vehicle by a person under LCG- 2 5,000 Impound Vehicle the age of 18. 02 3 Learner driving without Learner's LCG- 2 5,000 Dislodge Driver Permit. 03 4 Learner driving on major highway LCG- 3 5,000 Dislodge Driver other than driving school. 04 5 Learner driving and unaccompanied LCG- 3 5,000 Impound Vehicle by an approved trainer. 05 6 Driving an unlicensed vehicle. LCG- 3 5,500 Impound Vehicle 06 7 Driving with fake number plates. LCG- 4 10,000 Impound Vehicle 07 8 Driving a vehicle with unauthorized or LCG- 2 2,000 Impound Vehicle defective number plates. 08 Licensed Conditions (Commercial) 9 Not painting a commercial vehicle in LCG- 4 5,000 Enforce Painting approvcd colours. 01 10 Violation of route by commercial LCG- 2 5,000 vehicle. 02 11 Non-display of route and route number LCG- 2 2,000 on vehicle. 03 Traffic Signs and Markings 12 Disobeying traffic control personnel or TSM- 4 5,000 Driving traffic signs. 01 Training/Psychiatric Test 13 Disobeying Traffic lights. TSM- 5 10,000 Driving 02 Training/Psychiatric Test 14 Parking on yellow line on any public TSM- 2 2,000 Driving Training highway. 03 15 Vehicle crossing double yellow line. TSM- 3 5,000 Driving Training 04 16 Staying within the yellow junction box TSM- 2 2,000 Driving Training (off-side rule). 05 17 Failure to yield right of way to TSM- 5 10,000 Driving pedestrian at a zebra crossing. 06 Training/Psychiatric Test 18 Failure to give way to traflic on the left TSM- 4 7,500 Driving at a rourdabout. 07 Training/Psychiatric Test Vehicle Defect 19 Driving motorcycles/3-wheelers with VDF- 1 1,000 Effect repairs non-functional lamp. 01 20 Driving private motor vehicles with VDF- 3 3,000 Effect repairs non-functional lamp. 02 21 Driving commercial vehicle with non- VDF- 5 5,000 Effect repairs functional lamps. 03 22 Driving trailers, tankers and toppers VDF- 5 10,000 Effect repairs with non-functional lamps. 04 Alcohol and Drugs 23 Driving under the influence of alcohol ALD- 5 5,000 Driving Training/Impound and/or drugs. 01 Vehicle 24 Smoking while driving. ALD- 1 2,000 02 Motorcycle Riders 25 Riding of a mororcycle without crash MCL- 1 1,000 Impound Motorcycle helmet for rider and passenger. 01 26 Riding a motorcycle without permit. MCL- 3 2,000 Impound Motorcycle 02 27 Riding a motorcycle against traffic or MCL- 4 5,000 Impound Motorcycle through road median. 03 28 Conveying more than one passenger MCL- 3 2,000 Dislodge extra at any giving time. 04 29 Installation of musical gadgets on a MCL- 3 5,000 Impound the set motorcycle. 05 30 Alteration of manufacturer's MCL- 3 5,000 Effect changes specification on motorcycle (e.g. 06 handle/bar/seat/horn/leg rest. 31 Motorcyclist resisting arrest MCL- 4 2,500 07 Speed Violation 32 Exceeding prescribed speed limit/over SPV- 5 5,000 Driving Training speeding. 02 33 Tailgaiting an emergency vehicle. SPV- 4 5,000 02 34 Failure of slow moving vehicle to the SPV- 2 2,500 Driving Training right lane. 03 Miscellaneous Traffic Fines

35 Assault on a traffic Officer. MTF- 4 5,000 Prosecute in court 01 36 Driving in a direction prohibited by the MTF- 5 25,000 Impound/Driving Training Road Traffic Law. 02 37 Illegal U-turns. MTF- 2 2,000 Driving Training 03 38 Wrongful overtaking of other vehicle, MTF- 2 5,000 Driving Training 04 39 Overloading of a vehicle. MTF- 2 2,000 Dislodge excess 05 40 Driving on the highway/walkway or MTF- 4 10,000 Move away kerbs. 06 41 Parking on a highway/walkway or MTF- 2 5,000 kerbs. 07 42 Parking or stopping to pick passenger MTF- 2 20,000 Driving Training by commercial vehicle other than a 08 designated bus-stop. 43 Bullion vehicle driving in a direction MTF- 5 50,000 Impound Vehicle prohibited by the road traffic Law. 09 44 Abandoned stationery vehicle on MTF- 4 5,000 Impound Vehicle/Prosecute highway/road. 10 45 Causing obstruction on highway. MTF- 3 2,500 Impound Vehicle 11 46 Commuter hanging on tailboard of MTF- 3 10,000 Dislodge moving vehicle. 12 47 Driving vehicle with doors left open. MTF- 2 2,500 13 48 Making or receiving phone call when MTF- 3 5,000 Driving Training driving. 14 49 Driving without a strapped seat belt MTF- 1 1,000 Strap on seat belt for 15 both driver and front seat passenger. 50 Driving a truck/pick-up loaded With MTF- 5 2,500 Impound Vehicle sand, gravel, domestic or industrial 16 waste and or any dangerous material without a tarpaulin cover. 51 Failure to display reflective warning MTF- 4 10,000 triangle sign at point of breakdown. 17 52 Motorist resisting arrest. MTF- 4 10,000 18 Storage and Custody Charges 53 Storage charge for impounded cars, SCC- 500 jeeps and mini-buses per day. 1 54 Storage charge for impounded SCC- 200 motorcycles and 3-wheelers per day. 2 55 Storage charge for all other SCC- 1,000 impounded vehicle. 3 56 Towing an impounded car, jeep and SCC- 2,500 mini-buses. 4 57 Towing a trailer or tanker (empty). SCC- 10,000 5 58 Towing a trailer or tanker (loaded). SCC- 20,000 6 59 Towing tippers and lorries. SCC- 10,000 7 60 Towing higher capacity buses. SCC- 10,000 8 61 Hire of heavy duty recovery SCC- At hire cost equipment. 9 Accident Offence 62 Failing to stop after an accident. AO-1 5 10,000 Driving Training 63 Failing to give particulars or an AO-2 3 5,000 Driving Training accident within 24 hours. Careless Driving 64 Driving without reasonable CDR- 3 5,000 Driving Training consideration for other road user. 01 Common and other offences 65 Overtaking by the right except on the COO- 3 5,000 express road. 1 66 Overtaking at the Crest of a hill. COO- 3 5,000 2 67 Overtaking at a bend. COO- 3 5,000 3 68 Making a u-turn on a major road. COO- 3 5,000 4 69 Driving continuously on the fast lane COO- 3 5,000 Driving Training at a low speed. 5 70 Making a turn while there is 'no left COO- 3 5,000 Driving Training turn' or 'no right turn'. 6 71 Collecting passengers the centre of COO- 3 5,000 Driving Training, the road. 7 Prosecution/Psychiatric Test 72 Loading or off-loading at the centre of COO- 3 5,000 Driving Training, the road. 8 Prosecution/Psychiatric Test 73 Putting obstacles like gravels, etc on COO- 3 5,000 Driving Training, the highways. 9 Prosecution/Psychiatric Test 74 Unauthorized dumps/erecting bumps COO- 10 50,000 Driving Training, without clearance from the Ministries 10 Prosecution/Psychiatric of Works and Transport. Test 75 Parking of vehicles on unauthorized COO- 3 5,000 places. 11 76 Street trading on highways. COO- 3 5,000 12 77 Discharging of oil or any combustible COO- 3 5,000 matter on the highways. 13 78 Driving with worn-out tyre. COO- 3 5,000 14 79 Driving without fire extinguisher in COO- 3 5,000 Driving Training commercial or private vehicle. 15 80 Under-age drivers and under-age COO- 3 5,000 Driving Training conductors. 16 81 Driving without vehicle particulars. COO- 3 5,000 17 82 Driving of unregistered vehicle without COO- 3 5,000 Driving Training dealer's license plate. 18 83 Failure to obey road signals. COO- 3 5,000 Driving Training 19 84 Learning to drive vehicle under an COO- 3 5,000 unauthorized trainer or teacher. 20 85 Unauthorized teacher or trainer taking COO- 3 5,000 any one in vehicle driving lesson. 21