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LAGOS STATE ROAD TRAFFIC LAW 2012
[under Lagos State of Nigeria Official Gazette, No. 39 IKEJA—8th September 2011 Vol. 44, Lagos State Government Notice No. 79]
ARRANGEMENT OF SECTIONS
LAGOS STATE ROAD TRAFFIC LAW
A LAW TO PROVIDE FOR ROAD TRAFFIC ADMINISTRATION AND MAKE PROVISIONS FOR ROAD TRAFFIC AND VEHICLE INSPECTION IN LAGOS STATE AND OTHER CONNECTED PURPOSES
THE LAGOS STATE HOUSE OF ASSEMBLY enacts as follows:
Control of Traffic
1.—(1)Without prejudice to the provisions of Section 11 of the Lagos State Traffic Management Authority Law, the Authority’s control and management of vehicular traffic in the State, shall include the;
(a) prohibition or restriction of the use of any specified highway by vehicles of specified class or description;
(b) prohibition of driving or propelling of vehicles on any specified highway otherwise than in a specified direction;
(c) prohibition of vehicles parking or waiting on any specified highway;
(d) prohibition or restriction of the use of sirens, and the sounding of horns or other similar appliances either in general or during specified hours or in respect of specified areas;
(e) regulation of the conduct of persons driving, propelling, being in charge of or riding any vehicle or animal on a highway;
(f) application of breath testing, blood and urine specimen testing devices on any driver to detect whether he is driving under the influence of alcohol, or drugs ;
(g) demand of a psychiatric evaluation of any person who drives against the normal flow of traffic or who fails to comply with any of the provisions of this Law, if in the opinion of any officer of the Authority such an evaluation is necessary for the purpose of determining the person’s ability to operate a motor vehicle provided that such shall be at the driver’s cost; and
(h) general regulation of traffic on public highways.
(2) In the exercise of the functions conferred on the Authority, officers of the Authority shall have power to arrest where appropriate and allow the alleged offender to pay the fine stipulated for the offence under this Law or the Lagos State Traffic Management Authority Law.
(3) The Authority shall have power to designate a side each of the underlisted routes as bus lanes for priority services during peak hours of 6:00a.m – 10:a.m and 4:00p.m – 9:00p.m;
(a) Ikotun-Ejigbo-Cele Expressway;
(b) Iyana Ipaja-Agege Pen Cinema Ogba-Ojodu Berger;
(c) Iyana Ipaja-Idimu-Iyana Iba Roundabout;
(d) Iyana Ipaja-Idimu-Ikotun;
(e) Berger-Third Mainland Bridge-Tafawa Balewa Square (TBS);
(f) Iyana Oworo-Anthony-Oshodi-Mile 2-Apapa;
(g) Sango-Iyana Ipaja-Oshodi; and
(h) Orile Iganmu-Mile 2-Okokomaiko.
(4) Subject to the provisions of Section 211 of the 1999 Constitution of the Federal Republic of Nigeria, the Authority may prosecute persons reasonably suspected of having committed any offence under the provisions of this Law or any other Law.
Control of Trailers
2.—(1) Save as may be prescribed by the Commissioner by Regulation, no trailer other than petrol tankers and long vehicles used in conveying passengers, shall enter into or travel within the metropolis of Lagos between the hours of 6.00am – 9.00pm.
(2) Any driver who is found contravening the provisions of this Section shall have his vehicle impounded by a duly authorised officer of the Authority and shall upon conviction be liable to a fine of N50,000 (Fifty Thousand Naira) or a term of imprisonment for 6 months or both.
Control of Tricycles
3.—(1) No person shall ride, drive or propel a cart, wheel barrow, motorcycle or tricycle on any of the routes specified in Schedule II to this Law.
(2) No person shall operate a motorcycle or tricycle without a Rider’s Card issued by the Lagos State Motor Vehicle Administration Agency.
(3) No person shall operate a motorcycle or tricycle either as a rider or a passenger without wearing a standard protective crash helmet as may be prescribed under the Regulations to this Law.
(4) No motorcycle operator shall carry more than one (1) passenger at a time, provided that a pregnant woman, a child below the age of twelve (12) years, or an adult with a baby or heavy/large load placed on the head or which obstruct normal sitting on the motorcycle shall not be carried as passenger.
(5) Any person who fails to comply with any of the provisions of this Section commits an offence and shall be liable on conviction to-
(i) imprisonment for a term of three (3) years or render community service in accordance with the provisions of Section 347 of the Administration of Criminal Justice Law of Lagos State; and
(ii) have his vehicle forfeited to the State.
(6) Where a rider is convicted of an offence under subsections (1), (3) and (4) of this Section, the passenger shall also be liable to the same penalty, provided the passenger is not a child.
(7) Subject to Section 38 of this Law, the Commissioner may make Regulations providing for any matter necessary for the purpose of controlling the use of motorcycles and tricycles in the State.
(8) As from the Commencement of this Law commercial motorcycles shall only operate between the hours of 6.00a.m-8.00p.m within the State.
4.—(1) The Ministry shall cause or permit traffic signs to be placed on or near any highway.
(2) Traffic signs shall conform to such standards, sizes, colours or types as may be prescribed by the Ministry.
(3) As from the commencement of this Law, no traffic sign shall be placed on or near any highway except in accordance with the provisions of this Law:
Provided that nothing in this Law shall apply to any traffic sign placed by the owners or workers of any railway, light railway, dock undertaking or harbour undertaking in pursuance of powers conferred by any other enactment in force in Nigeria.
(4) The Ministry may by notice in writing require the owner or occupier of any land on which there is any unauthorized traffic sign or any object which so closely resembles a traffic sign that it might reasonably be taken to be such a sign, to remove it, and if such notice is not complied with, the Ministry may effect the removal, doing as little damage as may be possible, and may recover the cost of such removal from the person in default .
Control of Vehicular Traffic on Bridges
5.—(1) When it appears to the Authority that any highway should be closed temporarily to vehicular traffic, the Authority shall cause to be fix at each end of such highway a notice to the effect that such highway is closed until said notices are removed by the order of the Authority;
Provided that in cases of emergency, the Authority may grant permit in writing to the person named therein to use specified vehicles on the said highway on the occasion and for the purpose.
(2) The Commissioner may by notice published in the State Official Gazette and a national newspaper, close any highway, either permanently or for such length of time as may be specified in the notice, to any or every kind of vehicular traffic subject to such exceptions as he may think fit.
Penalties for Neglect of Traffic Directions
6.—(1) The Ministry shall cause to be placed in a conspicuous place at both ends or near the bridge a notice to the effect that –
(a) the bridge is not designed to carry more than a certain weight;
(b) a vehicle exceeding a certain breadth or height cannot with safety be driven on or over such bridge; and
(c) vehicles may not exceed a specified speed limit when crossing the bridge:
any person who contravenes or fails to comply with the terms of such notice shall be guilty of an offence.
(2) When any bridge is damaged –
(a) by reason of any vehicle passing over it in contravention of the provisions of this Section; or
(b) by reason of any vehicle when passing over the bridge coming into contact with any portion thereof other than the surface of the roadway, the owner of the vehicle and the person driving or propelling same shall, without prejudice to any other penalty stipulated by this Law for that offence, be jointly and severally liable to the Government for any damage done thereto.
(3) A certificate under the hand of an officer of the Ministry for the cost of repairing such damage shall, be prima facie evidence of such cost.
(4) For the purposes of this Section, the weight of a vehicle which is towing any other vehicle shall be deemed to be the gross weight of that vehicle and of the vehicle or vehicles being towed by it.
Penalties for Neglect of Traffic Directions
(a) neglects or refuses to stop the vehicle or to make it proceed or to keep to a particular lane or direction of traffic when directed to do so by the officer in the execution of his duty; or
(b) drives his vehicle against oncoming traffic or fails to conform to the direction or indication given by the traffic sign, shall be guilty of an offence, and shall be liable on conviction for:
(i) 1st offender one (1) year imprisonment and forfeiture of the vehicle to the State;
(ii) 2nd and subsequent offender three (3) years imprisonment and forfeiture of the vehicle to the State.
(c) all offenders shall have their data and biometrics captured.
Removal of Abandoned Vehicles from Highway and Sides of Private Premises.
8.—(1) Where a motor vehicle is stationary or abandoned on a Highway or street or near private premises, any Police Officer, member of the Task Force or officer of the Authority may cause the vehicle to be removed to a vehicle park if –
(a) the officer has reasonable grounds for believing that the location of the vehicle is in contravention of the provisions of any enactment or Regulation relating to the parking of vehicles; and
(b) he has reasonable grounds for believing either –
(i) that the vehicle is not in a condition in which it can be moved under its own power; or
(ii) that no person authorized to drive the vehicle is in the immediate vicinity of the vehicle.
(2) The owner or occupier of the premises adjoining the Highway or private premises where the vehicle is stationary or abandoned shall lodge a report of such vehicle to the nearest office of the Authority or to the nearest police station.
(3) Where the owner or occupier of premises adjoining the Highway or private premises fails to make a report of a stationary or an abandoned vehicle to the office of the Authority or the nearest Police Station within 48 hours, the owner or occupier of such premises shall be guilty of an offence and on conviction be liable to a fine of twenty-five thousand naira (N25,000.00).
(4) Where the vehicle was found not to have been abandoned but left on the highway for an unreasonably long time, the owner shall bear the cost of towing the vehicle to a vehicle park as prescribed in Schedule I to this Law and shall be guilty of an offence and on conviction shall be liable to a fine of fifty thousand naira (N50,000.00) or to a term of imprisonment for three (3) months or both.
(5) Where the owner of an abandoned or removed vehicle fails to claim the vehicle for a period of one (1) month, the Ministry shall publish a notice of its intention to dispose the abandoned or removed vehicle at the end of one
(1) calendar month from the date of such publication in the State Official Gazette and one national newspaper.
(6) The Ministry shall, at the end of one (1) month’s notice, dispose such vehicle.
Provision of Vehicles parks by the State.
9.—(1) It shall be the duty of the State to–
(a) provide suitable parks and facilities (including equipment and operators) for the removal of vehicles in pursuance of the provisions of Section 8 above;
(b) provide and maintain places to which Vehicles may be removed to in pursuance of the provisions of Section 8 above and to ensure that an officer in charge of each Park is at all times present in the Park;
(c) make reasonable arrangement for the safe custody of removed vehicles while they are in vehicle parks;
(d) provide and maintain at the principal office of the Authority a record containing particulars of each removed vehicle and its contents and specifying the date of its removal, and the park in which it is situated; and
(e) keep the record open during normal office hours for inspection free of charge by members of the public.
(2) The Authority shall not be under any duty to protect removed vehicles otherwise than as mentioned in paragraph (c) of subsection (1) above and in particular shall not be under a duty to protect removed vehicles from damage attributable to sun, rain, wind or other physical conditions.
Reclaiming of Removed Vehicles.
(a) such evidence as may be prescribed of his entitlement to the custodyof a removed Vehicle which is in the Park; and
(b) payment of appropriate charges in respect of the vehicle and an official receipt thereof; shall, be entitled, on demand at the park at any time between the hours of eight o’clock in the morning and six o’clock in the evening on any weekday (other than a public holiday) and with consent given on behalf of the Authority at any other time, to have the vehicle released up to him at the park.
Establishment of the Vehicle Inspection Service.
11.—(1) There is established the Vehicle Inspection Service (referred to in this Law as “the Service”).
(2) The Service shall be a directorate in the Ministry of Transportation.
Functions of the Service.
(1)(a) inspecting, controlling, regulating and enforcing the road worthiness of motor vehicles in the State;
(b) pre-registration inspection of vehicles;
(c) co-operating with other agencies to enforce traffic rules and regulations;
(d) providing accessible emergency services;
(e) co-operating with relevant agencies engaged in road safety activities or in the prevention of accidents on the highways;
(f) inspection and issuance of Road Worthiness Certificate (RWC) in respect of all vehicles;
(g) ensuring that all vehicles plying roads are roadworthy at all times;
(h) training and testing of applicants for driver’s licence;
(i) training and testing of applicants for Rider’s Card;
(j) carrying out inspection and issuing report on accident vehicles in the State; and
(k) preparing and keeping statutory registers and a database of all certificates issued and revoked.
(2) In the exercise of the functions of the Service, Vehicle Inspection Officers shall have powers to –
(a) impound vehicles which fail to meet the prescribed standards;
(b) direct that such vehicles be kept off the roads;
(c) arrest where appropriate; and
(d) allow the offender to pay the fine stipulated for the offence under this Law.
Head of Department and Staff of the Service.
13.—(1) There shall be for the Service a Head of Department, who shall –
(a) be an officer not below Grade Level 15 in the State Civil Service.
(b) be responsible for the general administration and implementation of the policies of the Service; and
(c) be assisted in the discharge of his duties by such officers (who shall be designated Vehicle Inspection Officers) as he may require from time to time.
Savings and Transitional Provisions relating Staff of the Service.
Vehicle without necessary particulars may be impounded.
Release of Impounded Vehicle to Person
16.—(1) Any person entitled to the custody of a removed vehicle who within twenty-four (24) hours after the vehicle was impounded, tenders to the officer in charge of the vehicle park where the vehicle is, the following –
(a) evidence, that the officer may reasonably require, of his entitlement to the custody of the removed vehicle which is in the park; and
(b) the particulars in relation to that vehicle issued prior to the impounding of the vehicle, shall be entitled on demand at the park and without payment of any fees, save cost of removal, if any, to have the vehicle released to him at the park.
(2) Any person entitled to the custody of a removed vehicle who at any time after the said twenty-four (24) hours but within a period of two weeks from the date on which the vehicle was impounded tenders to the officer in charge of the removed vehicle park where the vehicle is, the following –
(a) evidence as mentioned in subsection (1) above;
(b) the necessary particulars in relation to the removed vehicle; and
(c) a revenue receipt for the cost of obtaining particulars in respect of the vehicle;
shall upon payment to that officer of a fee prescribed in Schedule II to this Law for every day during which the vehicle remains impounded (as charges for keeping the vehicle at the park) be entitled on demand at the park to have his vehicle released to him at the park:
Provided however that if the necessary particulars in relation to that vehicle tendered by that person under the foregoing provisions of this subsection were issued prior to the impounding of the vehicle then paragraph (c) above shall not apply.
(3) Any demand under this Section by any person entitled to the custody of a removed vehicle shall be made within the hours of eight (8) o’clock in the morning and six (6) o’clock in the evening on any week day (other than a public holiday).
Entitled Disposal of Removed Vehicle, etc.
17.—(1) Where any removed vehicle is not claimed in accordance with Section 16 within a period of one (1) month, the removed vehicle shall be vested to the State Government.
(2) Where under subsection (1) above any removed vehicle vested in the State Government, the Authority shall publish a notice of its intention to sell the abandoned or removed vehicle at the end of one (1) month from the date of such publication in the State Official Gazette and one national newspaper unless within the said one (1) month – Lagos State Road Traffic Law 2012 No. C 33
(a) any motor vehicle licencing fees due in relation to that vehicle under any enactment;
(b) any fees for driving licences due from the person who drove the vehicle when it was impounded; and
(c) any appropriate charges; are paid to the licencing authorities in the State or, as the case may be, to the State by that person.
(3) If within the one (1) month specified in subsection (2) of this Section the removed vehicle is not claimed by the owner of the vehicle or by the person entitled to the custody of the vehicle, the Authority, or such other person as the Governor may authorize in that behalf, shall sell the vehicle by public auction.
(4) The State Government shall not be under any duty to protect any removed vehicle and, in particular, shall not be under a duty to protect a removed vehicle from damage attributable to sun, rain, wind or other physical conditions.
Careless and in-considerate Driving.
18.—(1) Any person who drives a motor vehicle on a highway without due care and attention, or without reasonable consideration for other persons using the highway, shall be guilty of an offence and be liable on conviction to a fine of fifty thousand naira(N50,000.00) or in the case of a second or subsequent conviction to a fine of one hundred thousand naira (N100,000.00) or to imprisonment for three (3) months or both.
(2) Where a person is charged with an offence under subsection (1) above and the Court is of the opinion that the offence is not proved , then at any time during the hearing or immediately after, the Court may, without prejudice to any other power exercisable by the Court, direct or allow a charge for an offence under this Section to be preferred forthwith against that person and may proceed with that charge, so that the person charged or his counsel shall be informed of the new charge and be given an opportunity, whether by way of cross-examining any witness whose evidence has already been given against him or otherwise, of answering the new charge and the Court shall, if it considers that he is prejudiced in his defence by reason of the new charge being so preferred, adjourn the hearing.
Reckless or Dangerous Driving.
19.—(1) Any person who drives a motor vehicle on a highway recklessly or negligently, or at a speed above the stipulated limit or in a manner, which is dangerous to the public, having regard to all the circumstances of the case including the nature, condition, and use of the highway, and to the amount of traffic which actually is at the time, or which might reasonably be expected to be on the highway, shall be liable on conviction to a fine of One Hundred Thousand Naira (N100,000.00) or to imprisonment for two (2) years or both.
(2) If upon the trial of a person for an offence under the provision of Section 20, the Court is not satisfied that the person’s driving was the cause of death but is satisfied that he is guilty of driving as mentioned in subsection (1) of this Section, the Court may convict that person of an offence under this Section.
Causing Death by Reckless or Dangerous Driving.
Driving Motor Vehicles when under the Influence of Alcohol or a Drug.
21.—(1) Any person who when driving or attempting to drive, or when in charge of a motor vehicle on a highway is under the influence of alcoholic drink or a drug to such an extent as to be incapable of having proper control of such vehicle, shall be liable on conviction to a fine of one hundred thousand naira (N100,000.00) or to imprisonment for two (2) years or both.
(2) A person convicted of an offence under Sections 18, 19, 21(1) and 23 shall, unless the Court for special reasons thinks fit to order otherwise, and without prejudice to the power of the Court to order a longer period of disqualification, be disqualified for a period of twelve (12) months from the date of the conviction from holding or obtaining a driver’s licence.
Arrest without Warrant.
22.—(1) A Police Officer or an officer of the Authority may arrest without warrant a driver of a motor vehicle on a highway, who within his view commits an offence under Sections 18, 19, 20, 21(1) and 23 unless the driver either produces his licence to drive or produces other evidence of his identity acceptable to the officer.
(2) Notwithstanding any other provision of this Law, if a Police Officer or an Officer of the Authority is of the opinion on reasonable grounds that there may be difficulty in effecting service of a summons, he may demand and retain the driver’s licence of any person who commits or is suspected by him of having committed an offence under this Law.
(3) Where a driver’s licence is retained, whether or not pursuant to this Section, the Police Officer or an Officer of the Authority retaining the licence shall give a written receipt for it and inform the person surrendering the licence of the name of the police station or office of the Authority at which it may be reclaimed.
(4) If a summons in respect of an offence under this Law is served on the person whose driver’s licence is retained by the police or that person appears personally at the nominated police station or office of the Authority not later than three (3) days after the retention of the driving licence he may have it returned to him on giving to the officer a receipt duly signed and dated.
Misuses of identification Mark or Licence.
(a) forges or fraudulently defaces, alters, mutilates, or adds anything to any licence or identification mark;
(b) exhibits or uses any licence which has been forged, defaced, altered, mutilated or added to as aforesaid;
(c) lends or allows to be used by any other person any licence or identification mark;
(d) uses a driving licence belonging to another person;
(e) exhibits or uses any licence upon which figures or particulars have become illegible; or
(f) exhibits or uses any colourable imitation, of any licence, shall be guilty of an offence.
Offences Relating to Bus Rapid Transit, Sirens etc.
(a) drives or causes his vehicle to be driven along the Bus Rapid Transit (BRT) lane;
(b) parks or causes a vehicle to be parked within fifteen (15) metres of any road intersection within the State;
(c) uses or deploys siren or other noisy device in a vehicle;
(d) being a driver or conductor of a commercial vehicle fails to wear the standard uniform as prescribed by the Ministry whilst engaged as a driver or conductor;
(e) drives his vehicle on unauthorised routes; or
(f) herds or allows cattle, sheep, goat, mule, pig or other beast of draught or burden to be on the highway, shall be guilty of an offence.
Use of Unregistered or Unmarked Vehicle Prohibited.
(a) is not registered or licenced; or
(b) does not have affixed to it an identification mark in the prescribed manner, shall be guilty of an offence.
Duty in Case of Accident.
(a) immediately stop the vehicle;
(b) furnish to a police Officer or officer of the authority his name and address, the name and address of the owner of the vehicle, the identification mark of the vehicle, and other particulars relating to it if requested;
(i) give the particulars of any person to whom injury has been caused ;
(ii) provide information to the owner or person in charge of the property or of the livestock to which injury has been caused;
(c) Where the person to whom injury has been caused so request, or if he is unconscious or if the injury caused to that person appears to endanger life-
(i) take reasonable and practicable steps to attend to the injured person;
(ii) procure medical attention;
(iv) take him to a hospital where necessary;
(v) report the accident immediately to the nearest Police Station; and
(vi) the nearest office of the Authority.
(d) In every other case, report the accident as soon as possible within twenty-four (24) hours of the occurrence to the nearest police station, or to the nearest office of the Authority.
Refusal to Give Name to an Officer.
27.—(1) Any person who under the provisions of this Law or the Regulations made thereunder –
(a) commits or is alleged to have committed an offence;
(b) refuses to give his name, address or such other information as may be demanded;
(c) gives false name, address or other false information is guilty of an offence.
(2) The owner of any motor vehicle shall, on demand by any Police Officer or an officer of the Authority, give all information which is within his power to give as to the name, address, description, antecedents and whereabouts of any person who commits or is alleged to have committed any offence in respect of or with any such motor vehicle or trailer and shall also give similar information regarding any occupants of the motor vehicle or trailer at the time of the offence or alleged offence and if such owner fails to do so he shall be guilty of an offence.
Apprehension of Offender Refusing to Give Name.
(a) such person refuses or fails to produce his driver’s licence on demand;
(b) such person refuses to give his name and address or gives false name and address; or
(c) any vehicle driven by such person does not bear the prescribed number plates or identification mark.
Power to Retain Driver’s Licence in Certain Circumstances.
29.—(1) Subject to the provisions of this Law, any Police Officer or an officer of the Authority may retain the driver’s licence of any person who commits an offence in his presence, or whom he reasonably suspects of having committed an offence under this Law or the Regulations made thereunder, if he reasonably considers that any difficulty is likely to arise in the service of summons on such person.
(2) A Police Officer or an officer of the Authority who retains the Driver’s licence of any person under this Section shall give to him a written statement signed and dated by the officer to the effect that the licence has been so retained and indicating the police station or office of the Authority at which the licence may be claimed.
(3) A driver’s licence retained under this Section shall be returned to the holder upon his giving a written acknowledgement signed and dated by him to the effect that it has been so returned –
(a) if he reports in person not less than three days after the date of its retention, at the police station mentioned in the written statement given in accordance with subsection (2); or
(b) if a summons relating to the offence committed or suspected to have been committed by him is served on him.
Owner of Commercial Vehicle Liable in Certain Cases of Overloading And Exceeding Speed Limit.
Provided that such owner shall not be convicted of the offence if he can prove to the satisfaction of the Court that no act or omission on his part was contributory to the commission of the offence.
Owner of Commercial Vehicle is Liable in Certain Cases if Vehicle Not Safe.
Contravention of Terms of Licence.
Liability of a Third Party.
Owner Responsible for Condition of Vehicle.
36.—(1) Any person who fails to comply with any of the provisions of this Law for which no specific penalty is provided commits an offence and shall be liable on conviction as follows –
(a) as a first offender to a fine of twenty thousand Naira (N20,000.00);
(b) as a subsequent offender to a fine of thirty thousand Naira (N30, 000.00) or to imprisonment for a term of three (3) years or both.
(2) In addition to any penalty that may be provided for failure to comply with any provision of this Law or the Lagos State Traffic Management Authority Law, where such failure occurs, the vehicle may, upon conviction, be forfeited to the State.
(3) In sentencing a person convicted of committing an offence under this Law, the Court may, in addition to or in lieu of the prescribed sentence, direct the suspension or revocation of the driver’s licence, and order the person convicted to-
(a) render community service in accordance with the provision of Section 347 of the Administration of Criminal Justice Law 2011;
(b) enroll for and attend courses of the Lagos State Drivers’ Institute for a period of not less than 7 days, at his cost; or
(c) to both community service and enrolment in the Lagos State Drivers’ Institute.
37.—(1) As from the commencement of this Law, no Officer shall demand, willfully condone, connive, abet or receive gratification in cash or kind from any person to circumvent the provisions of this Law.
(2) Any Officer who contravenes the provision of subsection (1) above shall be liable to summary dismissal and prosecution under the Criminal Justice Administration Law.
38.—(1) The Commissioner may in accordance with the Regulations Approval Law Cap. R5 Vol. 6 Laws of Lagos State 2003 make Regulations to-
(a) determine and regulate the size, shape and character of the identification marks and the manner in which they shall be fixed to motor vehicles and trailers and rendered easily distinguishable;
(b) register motor vehicles, the particulars to be entered in the register, and the fees to be paid;
(c) notify a change in the ownership of a motor vehicle or trailer and as to its registration thereafter;
(d) prescribe the different types of licences which may be issued for motor vehicles and the purpose for which vehicles so licensed may be used;
(e) prescribe the fees to be paid for licencing motor vehicles or for any class or description of vehicles;
(f) prescribe conditions relating to the purposes for which stage carriages may be used and the hours during which they may ply for hire and other matters which shall be deemed to be attached to licences issued in respect of such vehicles, and empowering licencing authorities to issue any such licence subject to such further conditions as they may think fit to impose and endorse on the licence;
(g) the number of persons and the goods which may be carried in hackney and stage carriages;
(h) require stage carriages designed for the sole purpose of carrying persons and their hand luggage to carry a conductor;
(i) prohibit persons from driving hackney and stage carriages, or from acting as conductors on stage carriages, unless they wear badges issued by the relevant Authority, and in the case of conductors, are registered by the relevant Authority, and requiring the surrender of such badges in cases where the licencing Authority considers the holder to be unsuitable to drive a hackney or stage carriage or to be a conductor on a stage carriage, as the case may be, and prescribing the fees for such badges and for the registration of conductors;
(j) prescribe areas within which hackney and carriages are not to operate unless they conform to the special requirements applicable to such areas;
(k) prescribe the constructional and mechanical requirements for hackney carriages, stage carriages and commercial vehicles;
(l) empower licensing Authorities, singly or in combination, to fix the maximum and minimum fares which may be charged in the case of hackney and stage carriages;
(m) empower any Authority to –
(i) fix time table for stage carriages on any route;
(ii) determine stopping times at stands and stopping places;
(iii) determine the days and hours during which stage carriages may ply for hire on any specified route;
(iv) require the fitting to hackney carriages of meters or other similar devices to indicate authorized fares;
(v) provide for the additional examination of hackney and stage carriage drivers before the issue of a badge.
(n) examine applicants for drivers’ licences and as to the licences and permits which may be granted and the fees to be paid and providing for the taking and recording of the finger-print impressions of all drivers;
(o) prohibit or restrict the driving of motor vehicles or any class or description of motor vehicle on any specified highway or part of a highway or empowering any specified officer or other Authority to impose such prohibitions or restrictions;
(p) prescribe for the construction of motor vehicles and trailers and the conditions under which they may be used;
(q) prescribe the speed at which motor vehicles or any class or description of motor vehicle may be driven either generally or on any specified highway or within any defined area or place;
(r) prescribe precautions to be taken in the interest of the safety and convenience of the public travelling in motor vehicles or otherwise using highways, and providing for the periodical inspection of motor vehicles;
(s) provide, in respect of drivers of commercial vehicles –
(i) the hours that they may be employed without rest; and
(ii) the periods of rest from driving or other employment which must be allowed, differentiating, if necessary, between day and night and between drivers who are required only to drive the vehicle and those who have other duties to perform in addition to driving;
(t) exempt or authorize any specified officer or other authority to exempt from all or any of the provisions of this Law or of any Regulations made hereunder –
(i) any specified class or description of motor vehicle or trailer;
(ii) motor vehicles or trailers belonging to any particular class of persons;
(iii) any specified areas; or
(iv) any specified class or description of person in the service of the State and prescribing any conditions of such exemptions.
(u) give effect to the fulfillment of international requirements;
(v) the issuance of international certificates for motor vehicles and international driver’s permits;
(w) fix the fees to be paid for certificates, permits and other documents issued in connection with international requirements;
(x) the compulsory examination of any type of motor vehicle or trailer or any class or description thereof and the places and manner of such examination;
(y) the appointment of examiners of motor vehicles and trailers or any class or description thereof-
(i) the payment of fees for such examination by the owners of such vehicles; and
(ii) the duties and powers of such examiners in regard to such examination.
(z) the cancellation or suspension of any licence issued in respect of any motor vehicle or trailer which since the issue of the licence is in such a condition as to be a source of danger to persons travelling in the vehicle or trailer or to other users of the roads or to cause damage to the roads themselves;
(aa) prescribe penalties for the breach or contravention of any regulation made under this Law;
(bb) prescribe fees and charges;
(cc) specify the routes to be followed by vehicles, animals and pedestrians;
(dd) determine the line to be kept by persons driving or in charge of or riding any vehicle or animal on any highway;
(ee) prohibit or restrict the use of any specified highway by vehicles of any specified class or description;
(ff) prohibit the driving or propelling of vehicles on any specified highway otherwise than in a specified direction;
(gg) specify parking places, and the days and hours during which and the maximum periods for which they may be used and fees, if any, to be imposed;
(hh) prohibit vehicles waiting on any specified highway;
(ii) specify routes to be followed and the stopping places to be used by stage carriages;
(jj) appoint stands for hackney and stage carriages and the days and hours during which they may be used;
(kk) prohibit the sounding of horns, sirens or other similar appliances either in general or during specified hours or in respect of specified areas;
(ll) regulate the conduct of persons driving, or propelling or in charge of or riding any vehicle or animal on a highway; and
(mm) generally for the purpose of carrying into effect the purposes of this Law and for traffic control and vehicle inspection.
Application of the Law to Public Officers.
Illegal Use of Walkways and undesignated Bus Stop.
(a) to display wares on any walkway;
(b) for commercial buses to pick or drop passengers on the fast lane or in any undesignated bus-stop in the State.
“Authority” means the Lagos State Traffic Management Authority established under Section 1 of the Lagos State Traffic Management Authority Law;
“Axle Weight” means in relation to an axle of a heavy motor vehicle or of a trailer the aggregate weight transmitted to the surface beneath by the several wheels attached to that axle, when the heavy motor vehicle or the trailer is loaded;
“Articulated Vehicle” means a motor vehicle with a trailer which is so constructed and by partial super-imposition attached to the motor vehicle that a substantial part of the weight of the trailer is borne by the motor vehicle;
“Appropriate Charges” in relation to a removed vehicle of any class means such sum as the Commissioner may by order specify as regards vehicles of that class;
“Commercial Vehicle” means a hackney carriage, a stage carriage, a tractor, and any motor vehicle primarily designed for the carriage of goods or passengers, excluding any such vehicle used exclusively for carrying the personal effects of the owner;
“Commissioner” means Commissioner for Transportation or any member of the State Executive Council being in charge of transportation in the State;
“Gross Weight” means the net weight of the vehicle with the weight of freight or load (including the driver and crew) which such vehicle is designed to carry and registered as such by the licencing authority;
“Hackney Carriage” means any motor vehicle designed or constructed to carry not more than seven persons, used or intended to be used for carrying passengers for hire or reward under a contract expressed or implied for the use of the vehicle as a whole or for a fixed or agreed rate or sum;
“Highway” includes any road/way to which the public have access to and is controlled by the State;.
“Intersection” means a place where two or more roads pass across each other, converge and includes a T-junction;
“Ministry” means Ministry of Transportation;
“Motorcycle” means a motor vehicle designed to travel on not more than two wheels, and includes a combination of a motorcycle and side car;
“Motor Vehicle” means a mechanically propelled vehicle intended or adapted for use on roads;
“Owner” means the person by whom the vehicle is kept and used and, in relation to a vehicle which is subject to a hiring agreement or hire purchase agreement, means the person keeping or using the vehicle under that agreement, and the expression
“Ownership” shall be construed accordingly;
“Parking Place” means a place where vehicles may be left or allowed to remain stationary;
“Prescribed” means prescribed by Regulations made by the Commissioner.
“Prescribed Particulars” means in relation to any vehicle, the driver’s licence of the driver thereof, the rider’s card, the vehicle registration, the vehicle licence, roadworthiness certificate, certificate of insurance of the vehicle, hackney carriage licence, and stage carriage licence or any other document required by law to be obtained in relation to the vehicle.
“Stage Carriage” means any motor vehicle used or intended to be used for carrying passengers for hire or reward other than such a vehicle constructed or adapted to carry less than eight persons, the passengers paying separate and distinct fares or at the rate of separate or distinct fares for their respective places, and shall be deemed to include the expression “omnibus”;
“Task Force” means the Committee of persons appointed by the State Governor to remove Abandoned Vehicles from the Highways or near private premises.
“Trailer” means a vehicle drawn by any motor vehicle but does not include a side-car attached to a motor-cycle;
“Traffic Sign” includes all signals, warning sign posts, direction posts, signs or other devices for the guidance or direction of persons using highways;
“Vehicle” means carriages, wagons, carts, motor vehicles, motorcycles, tricycles, vans, lorries, trailers, hand carts, sledges, trucks, barrows, and all other machines for the carriage of goods or persons.
Citation and Commencement
Traffic Offences and Penalties
|1||Violation of routes by commercial vehicles||2||1st offender-N20, 000.00 subsequent offender- N30, 000.00|
|2||Non-display of route and routes number on vehicle||2||1st offender-N20, 000.00 subsequent offender-N30, 000.00|
|3||Disobeying traffic control personnel||2||1st offender-N20, 000.00 subsequent offender- N30, 000.00||Impound vehicle|
|4||Parking on yellow line on any public highway – /illegal parking||4||1st offender-N20, 000.00 subsequent offender N30, 000.00|
|5||Parking on yellow line on any public highway/ illegal parking (trailer)||4||1st offender-N20, 000.00 subsequent offender N30, 000.00|
|6||Vehicle crossing double yellow line/centre line||4||1st offender-N20, 000.00 subsequent offender- N30, 000.00|
|7||Staying within the yellow junction box (offside rule)||3||1st offender-N20, 000.00 subsequent offender-N30, 000.00|
|8||Failure to yield to right of way of pedestrians at a Zebra crossing||3||1st offender-N20, 000.00 subsequent offender- N30, 000.00|
|9||Failure to give way to traffic on the left at a roundabout||2||1st offender-N20, 000.00 subsequent offender N30, 000.00|
|10||Smoking while driving||2||1st offender-N20, 000.00 subsequent offender- N30, 000.00|
|11||Riding motorcycle without crash helmet for rider||1||1st offender-N20, 000.00 subsequent offender- six. N30, 000.00||Imprisonment for a term of (6) months, or both fine and imprisonment|
|12||Riding a motorcycle without rider’s permit||2||Impound motorcycle|
|13||Riding a motorcycle:
i. Against traffic
ii.On the kerb, median or road set backs
|3||1st offender-N20, 000.00 subsequent offender N30, 000.00||Impound motorcycle|
|14||Conveying more than one at any given time||2||1st offender-N20, 000.00 passenger subsequent offender- N30, 000.00||Imprisonment for a term of six (6) months, or both fine and imprisonment|
|15||Installation of musical gadget on a motorcycle||2||1st offender-N20, 000.00 subsequent offender-N30, 000.00||Impound the set|
|16||Alteration of manufacturer’s specification on motorcycle – (e.g. Handle bar/leg)||2||1st offender-N20, 000.00 subsequent offender N30, 000.00|
|17||Motorcyclist resisting arrest||1st offender-N20, 000.00 subsequent offender- N30, 000.00|
|18||Operating motorcycle without side mirrors, trafficators, break light or rear lights||2||1st offender-N20, 000.00 subsequent offender N30, 000.00|
|19||Motorcycle operator carrying: i. Pregnant woman ii. Adult with baby iii. Child below the age of twelve (12) years||1st offender-N20, 000.00 subsequent offender- N30, 000.00||Imprisonment for a term of three (3) years, or both fine and imprisonment|
|20||Under aged person (under 18yrs old) riding a motorcycle||2||1st offender-N20, 000.00 subsequent offender N30, 000.00||Dislodge rider|
|21||Motorcycle operating using horn designed for motor vehicles||1||1st offender-N20, 000.00 subsequent offender N30, 000.00||Remove horn|
|22||Operating a Motorcycle in a restricted area or on prohibited route||3||1st offender-N20, 000.00 subsequent offender N30, 000.00||Impound motorcycle|
|23||Exceeding prescribed speed limit||2||N100, 000.00||Imprisonment for a term of one (1) year, or both fine and imprisonment|
|24||Tailgating an emergency vehicle||3||1st offender-N20, 000.00 subsequent offender- N30, 000.00|
|25||Failure of slow moving vehicle to keep to the right lane||2||1st offender-N20, 000.00 subsequent offender N30, 000.00|
|26||Assault on a traffic officer(physical)||3||N100,000.00||Imprisonment for a term of three (3) years, or both fine and imprisonment|
|27||Driving in a direction prohibited by the Road Traffic Law/Neglect of Traffic Directions||4||Forfeiture of vehicle to the State||1st offender- one (1) year Imprisonment and forfeiture of the vehicle to the State 2nd and subsequent offender- three (3) years Imprisonment and forfeiture of the vehicle to the State and shall have their data and biometric captured.|
|28||Illegal U-turns||3||1st offender-N20, 000.00 subsequent offender- N30, 000.00||Driver Training|
|29||Wrongful overtaking of other vehicle||2||N100, 000.00|
|30||Overloading of a commercial vehicle on the highway||4||N50, 000.00||Dislodge excess|
|31||Driving on the walkway or kerbs||4||N50, 000.00|
|32||Parking on the walkway or kerbs||3||N20, 000.00|
|33||Parking or stopping to pick passengers by a commercial vehicle on the highway||3||N20, 000.00||Driver Training|
|34||Bullion van driving in a direction prohibited by the Road Traffic law||5||Forfeiture of vehicle||Imprisonment for a term of three (3) years|
|35||Abandoned vehicle on highway||2||N50, 000.00; cost of towing||Imprisonment for a term of six (6) months, or both fine and imprisonment|
|36||Vehicle causing obstruction on highway if broken down||2||N50, 000.00; cost of Towing|
|37||Commuter or Conductor hanging on tailboard of moving vehicle||2||1st offender-N20, 000.00 subsequent offender- N30, 000.00||Dislodge and Sanction Driver|
|38||Driving vehicles with doors left open||2||1st offender-N20, 000.00 subsequent offender- N30, 000.00|
|39||Making or receiving phone calls when driving without hands free||2||1st offender-N20, 000.00 subsequent offender N30, 000.00|
|40||Counting money, or otherwise engaged in other activities when driving||2||1st offender-N20, 000.00 subsequent offender N30, 000.00|
|41||Driving without a strapped seat belt for both driver and passengers||2||1st offender- N20, 000.00 subsequent offender N30, 000.00||Strap on seat belts|
|42||Failure to display reflective warning sign at point of break down||2||1st offender-N20, 000.00 subsequent offender N30, 000.00|
|43||Motorist resisting arrest||2||1st offender-N20, 000.00 subsequent offender- N30, 000.00|
|44||Use of BRT Lite corridor||3||1st offender-N20, 000.00 subsequent offender- N30, 000.00||Imprisonment for a term of three (3) years, or both fine and imprisonment|
|45||Willful Obstruction on highway||2||N50, 000.00; cost of Towing||Imprisonment for a term of one (1) year, or both fine and imprisonment|
|46||Storage charge for impounded cars, jeep and mini-buses per day||N1000.00|
|47||Storage charge for impounded motorcycles and 3 wheelers per day||N500.00|
|48||Storage charge for all other impounded vehicles (6 wheelers and above per day)||N2, 000.00|
|49||Towing an impounded car, jeep and mini buses||N10, 000.00|
|50||Towing other commercial vehicles excluding trailers (mini-buses)||N10, 000.00|
|51||Towing a Trailer or Tanker (empty)||N50, 000.00|
|52||Towing a trailer or tanker (loaded)||N100, 000.00|
|53||Towing tippers and lorries (loaded)||N50, 000.00|
|54||Towing luxurious buses||N50, 000.00|
|55||Towing an overnight breakdown (Trailer)||N100, 000.00|
|56||Towing tricycles||N2, 000.00|
|58||Hire of Heavy duty recovery equipment (Towing /Recovery fees)||At hirer’s cost|
|59||Failure to pay Penalty within prescribed time||Double the initial penalty|
In addition to the penalty prescribed above, the Authority may direct the driver/rider to attend the Lagos State Drivers’ Institute for training and re-orientation.
SCHEDULE II (Section 3)
Prohibited Routes for Motorcycle and Tricycle
MAJOR HIGHWAYS IN LAGOS
LIST OF BRIDGES IN THE STATE
31 Apapa-Oshodi Expressway/ Somolu/ Kosofe Local Government Areas Alapere Bridge
32 Bariga/Oworonshoki Bridge Somolu/ Kosofe Local Government Areas
33 Apapa – Oshodi Expressway/ Somolu/ Kosofe Local Government Areas Gbagada U-Turn
34 Apapa – Oshodi Expressway/ Somolu/ Kosofe Local Government Areas 3rd Mainland Bridge
35 3rd Mainland/Oworonshoki Bridge Kosofe Local Government Area IBM 6 33
36 Eko Bridge Lagos Island / Lagos Mainland Local Government Areas
37 Apongbon flyover, Bridge Lagos Island Local Government Area
38 Cowry Bridge (Officers Mess) Lagos Island / Eti- Osa Local Government Areas
39 Mcwen Bridge (Bonny Camp) Eti- Osa Local Government Area
40 Marina / Ikoyi Bridge Lagos Island / Eti- Osa Local Government Areas
41 Ikoyi/ Obalende Bridge Eti- Osa Local Government Area
AGEGE LOCAL GOVERNMENT AREA
4 Alfa Nla Road
AJEROMI-IFELODUN LOCAL GOVERNMENT AREA
APAPA LOCAL GOVERNMENT AREA
ALIMOSHO LOCAL GOVERNMENT AREA
AMUWO – ODOFIN LOCAL GOVERNMENT AREA
BADAGRY LOCAL GOVERNMENT AREA
CENTRAL BUSINESS DISTRICT (CBD) ROADS
EPE LOCAL GOVERNMENT AREA
ETI-OSA LOCAL GOVERNMENT AREA
Victoria Island Local Council Development Areas
IFAKO-IJAIYE LOCAL GOVERNMENT AREA / OJOKORO LOCAL COUNCIL DEVELOPMENT AREA
IKEJA LOCAL GOVERNMENT AREA
IKEJA LOCAL GOVERNMENT AREA Contd.
IKORODU LOCAL GOVERNMENT AREA
IKOYI/ OBALENDE LOCAL COUNCIL DEVELOPMENT AREA
LAGOS ISLAND LOCAL GOVERNMENT AREA
LAGOS MAINLAND LOCAL GOVERNMENT AREA
KOSOFE LOCAL GOVERNMENT AREA
MUSHIN LOCAL GOVERNMENT AREA/ODI-OLOWO COUNCIL DEVELOPMENT AREA
OJO LOCAL GOVERNMENT AREA
OSHODI/ISOLO LOCAL GOVERNMENT AREA
SOMOLU LOCAL GOVERNMENT AREA
SURULERE LOCAL GOVERNMENT AREA
IRU/ VICTORIA ISLAND LOCAL COUNCIL DEVELOPMENT AREA