Motorcycle Commercial Uses and Protective Helmets (amendment) Law, 2012

MOTORCYCLE COMMERCIAL USES AND PROTECTIVE HELMETS (AMENDMENT) LAW, 2012

1. Short Title and Commencement. This Law may be cited as the Motorcycle Commercial Uses and Protective Helmets (Amendment) Law, 2012 and shall come into force on the 27th day of February, 2013.

2. Interpretation. In this Law, "Principal Law" means the Motorcycle Commercial Uses and Protective Helmets Law, 1997.

3. Amendment of Section 2 of the Principal Law. Section 2 of the Principal Law is amended as follows: by inserting the interpretation of the word: "Road Traffic Law" means the Road Traffic Law of Delta State and all Regulations made thereto immediately after the word "road" and before the word "State".

4. Amendment of Section 3 of the Principal Law. Section 3 of the Principal Law is hereby amended: by deleting the entire section and recasting same to read as follows: "3 Subject to the provisions of this Law and the Road Traffic Law, commercial use of road worthy motorcycles as a means of transportation in the state shall be permitted."

5. Amendment of Section 4 of the Principal Law. Section 4 of the Principal Law is amended as follows: (1) by deleting 4(1)(a) - (f) and substituting same with a new Section 4(1)(a) - (g) to read: "4(1) "No person shall use or operate a motorcycle for commercial purpose on a full or part time basis in the state unless, such motorcycle- (a) has a current motorcycle license for the year of operation; (b) has a valid motorcycle insurance from a reputable insurance company for the current year; (c) is duly registered in accordance with this Law; (d) is handled only by a registered rider; (e) is manned at all times while on the public highway on business by a rider who wears his official reflective vest and an identity card; (f) is manned by a rider with a valid driver's license; and (g) has two protective helmets to be worn by the rider and passenger at all times on the road". (2) by deleting the words "Red White Red" in line 1 in subsection (5)(d) and substituting the words "reflective vest" thereof. (3) by inserting a new subsection (8) to read: "(8) Notwithstanding the provisions of this Section, it shall be an offence to ride or operate a motorcycle during the hours on routes otherwise restricted by the Road Traffic Law."

6. Amendment of Section 5 of the Principal Law. Section 5 (5) of the Principal Law is amended by deleting the words "one thousand" in line 2 and substituting therefore the word “Twenty thousand Naira" thereof.

7. Amendment of Section 7 of the Principal Law. Section 7 (1) of the Principal Law is amended by deleting the entire subsection and recasting same to read: "(1) A motorcycle rider shall pay operational fee".