Passengers Welfare Scheme Law

1. Citation. This Law may be cited as Passengers Welfare Scheme Law.

2. Interpretation. In this Law- "agent" includes a driver of the transporter; "commercial driver" includes any driver driving a vehicle for commercial purposes; "consultant" means a person appointed under section 5 of this Law; "Government" means the Government of Delta State of Nigeria; "Governor" means the Governor of Delta State of Nigeria; "House of Assembly" means the Delta State House of Assembly; "Law Enforcement Agent" includes a member of the Nigeria Police Force, Federal Road Safety Commission, etc.; "manifest" means any document containing the particulars of passengers travelling in a vehicle as provided under section 8 of this Law; "passengers" means fee-paying travellers and minors borne by them in the course of the journey in a vehicle registered for the purpose of carrying passengers; "State" means the Delta State of Nigeria; "transporter" includes organised operators of fleets of buses or cars in a garage or motor park, private or owned by a local government council, commercial drivers or their agents, etc.; "victim" means the deceased or the survivors of an accident.

3. Establishment of the Scheme. (1) It is hereby established for the protection of passengers travelling within and outside the State, a scheme to be known as the Passengers Welfare Scheme. (2) The Scheme shall comprise compulsory compilation of passenger manifests and payment of welfare fees by all passengers traveling within and outside the State.

4. Responsibility of the transporter. Every transporter in the State embarking on any journey within and outside the State shall- (1) prepare a manifest of all passengers embarking on the journey at the point of embarkation; (2) ensure that all passengers comply with the Scheme at the point of embarkation under this Law.

5. Appointment of the consultant. (1) The Governor shall appoint a consultant to facilitate the implementation of the Scheme established under section 3 of this Law on such terms and conditions as he may deem fit. (2) In appointing the consultant under this Law, the Governor may give directives of a general or specific character to the Consultant with respect to the Scheme.

6. Responsibility of the consultant. A consultant appointed under section 5 of this Law shall be responsible for the following duties- (1) policy formulation; (2) recommendation of suitable welfare packages to the Governor; (3) the organisation and administration of the entire Scheme.

7. General Powers. (1) Upon the recommendation of the consultant under section 6 of this Law, the Governor may approve the welfare packages which shall be underwritten by a reputable insurance company or companies. (2) An insurance company designated to underwrite the Scheme shall be a public limited liability company having no less than five hundred million naira issued share capital and as well as offices in the State. (3) For the purpose of effective co-ordination of the scheme vis-a-vis the transporter and parks in Delta State, the Consultant shall liaise regularly with the Ministry of Transport.

8. Additional responsibilities of the transporter. The transporter shall- (a) submit to the consultant h copy of the manifest prepared by him in respect of each vehicle; (b) keep a copy of the manifest prepared by him in respect of each vehicle at the point of embarkation and another copy with the driver of the vehicle throughout the duration of the journey; (c) on demand by a law enforcement agent, show a copy of the manifest whether at the point of embarkation or at any point during the course of the journey in the vehicle; (d) upon directives from the consultant, collect the prescribed fee for the time being from the passengers along with their fare for the journey and remit such fee to the consultant; (e) maintain records of all manifests prepared by him and all welfare fees collected by him; and (f) do such other things which in the opinion of the Government may ensure the full realisation of the Scheme.

9. Contents of manifest. The manifest prepared by the transporter for the passengers shall contain such information of each passenger as follows- (a) full names; (b) sex; (c) point of embarkation; (d) point of destination; (e) contact address; (f) fees paid; and (g) next of kin.

10. Offences by transporter. Any transporter including his employee who- (a) hinders, molests or obstructs the consultant or his servants or agents or a law enforcement agent in any way from performing their duties under this Law, whether at the transporter’s premises or elsewhere; or (b) fails or neglects to prepare the manifest; or (c) fails or defaults to discharge any other responsibility imposed upon him under this Law, shall be guilty of an offence and shall be liable on conviction to imprisonment for not more than 6 months or a fine of N5,000 or both.

11. Offences by passengers. Any passenger who- (a) obstructs, hinders or prevents the transporter, consultant or law enforcement agent from performing the duties imposed upon them by this Law, whether at the transporter’s premises or elsewhere; or (b) fails to pay his welfare fee along with his fare to the transporter or his agent; or (c) fails to supply his particulars to enable the transporter or his agent to prepare the manifest as provided under this Law, shall be guilty of an offence and is liable on conviction to imprisonment for not more than one month or N1,000 fine or both.

12. Offences by consultant. If the consultant fails or neglects to ensure the payment of the benefits to an accident victim covered under this Law or to his next of kin, he shall be guilty of an offence and shall on conviction be liable to imprisonment for not less than one year or a fine of N50,000 or both.

13. Powers to arrest offenders. Any law enforcement agent may arrest without warrant, any person or group of persons or transporters or passengers found violating the provisions of this Law.

14. Summary trial of offenders. The trial of all offenders under this Law shall be by summary trial in a Magistrate's Court.