KADUNA STATE TRAFFIC LAWS ENFORCEMENT AUTHORITY LAW, 2017.

Published by Law Nigeria Admin at 17th May 2019

LAWS OF KADUNA STATE

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KADUNA STATE TRAFFIC LAWS ENFORCEMENT AUTHORITY LAW, 2017.

Kaduna State of Nigeria Gazette No. 18, Vol. 51 7th August, 2017 – Supplement Part A

ARRANGEMENT OF SECTIONS

Short title
Commencement
Interpretation
Establishment of the Authority
Powers of the Authority
Functions of the Authority
Membership of the Authority
Tenure
Cessation of Member
Meetings
Quorum
Standing Order
Powers to co-opt
Validity of Proceedings
Protection of Members
Remuneration of Members
Functions of the Governing Board
Corp Marshal
Secretary of the Authority
The Traffic Management Corps
Authority to provide Equipment to the Corps Members
Operation of the corps
Ranks of the Corps Members
Establishment of the Fund
Estimates
Accounts
Audit
Pension Matters
Mobile courts
Fine
Impounded Vehicles
Power to make Regulations
Power of the Governor to give Direction
Repeal of Law No. 12 of 2014
Savings

KADUNA STATE TRAFFIC LAWS ENFORCEMENT AUTHORITY (KASTLEA), 2017 LAW

A LAW TO ESTABLISH THE KADUNA STATE TRAFFIC LAWS ENFORCEMENT AUTHORITY (KASTLEA), 2017

BE IT ENACTED by the House of Assembly of Kaduna State as follows:

PART I – PRELIMINARY

Short title

This Law may be cited as the Kaduna State Traffic Laws Enforcement Authority Law, 2017.

Commencement

This Law shall come into operation on the 1st day of June, 2017.

Interpretation

In this Law unless the context otherwise requires:

“Authority” means the Kaduna State Traffic Laws Enforcement Authority (KASTLEA);

“Governor” means the Governor of Kaduna State;

“Highway” means a road in any town declared by the Authority to be a Township Highway to which this Law relates;

“Parking lot” means a designated parking place and includes bus stops and bus terminals;

“Road” means any road whether public or private and includes any street, square, court, alley, lane, bridge, foot way, trace, bridle path or road;

“State” means Kaduna State of Nigeria;

“Traffic Sign” includes all signals, warning sign post, direction posts, signs or other devices for the guidance or direction of persons using highways; and

“Vehicle” includes carriages, wagons, carts, motor vehicles, tricycles, motorcycles, bicycles, vans, lorries, trailers, hand carts, sledges, trucks, barrows and all other machines for the carriage of goods and persons.

PART II – ESTABLISHMENT OF THE AUTHORITY

Establishment of the Authority

There is establishment in the State an Authority to be known as the Kaduna State Traffic Laws Enforcement Authority (KASTLEA) which shall be a body corporate with perpetual succession and Common Seal and may sue and be sued in it corporate name.

Powers of the Authority

The powers of Authority shall be:

(1) Implement and enforce the provisions of the Road Traffic Law Cap 135 Law of Kaduna State, 1991 and the Road Traffic Regulation, 2007;

(2) To Direct and control traffic on public roads in the State; and

(3) to decongest traffic on public roads and highways in township in the State.

Functions of the Authority

The functions of the Authority are to:

(1) inspect vehicles and issue certificate of road worthiness;

(2) impound vehicles that are not properly parked or causing traffic hold-up along public road in the State;

(3) register and licence Driving Schools in the State;

(4) conduct driving test and issue Learners Permit and drivers licence;

(5) impound overloaded vehicle;

(6) ensure the installation of Road Traffic Signs;

(7) educate and enlighten vehicle users and the general public on the proper ways to use roads;

(8) enhance and designate bus stops and bus terminals in the State;

(9) identify, develop, promote and maintain new or alternative methods of traffic management and road safety tips.

(10) provide emergency towing services for broken down vehicles that obstruct the flow of traffic;

(11) designate the route to be followed by vehicles generally or vehicles of the class to which the vehicle belongs or the roads which are to be used for traffic by such vehicles;

(12) designate areas meant for use as parking lots;

(13) safeguard roads from encroachment of markets, motor parks and activities of street traders, hawkers and beggars; and

(14) exercise such powers and perform such other duties provided in this Law or any other Law as the Authority may consider necessary or expedient to achieve the objectives of this Law.

PART III – GOVERNING BOARD OF THE AUTHORITY

Membership of the Authority

There shall be a Governing Board for the Authority which shall comprise of members to be appointed by the Governor as follows:

(a) a Chairman who shall be acknowledgeable in traffic administration and management;

(b) three (3) members representing each of the Senatorial Districts of the State at least one of whom shall be female

(c) one representative each not below the rank of a Director from the Ministries responsible for:

(i) Justice

(ii) Works, Housing and Transport; and

(iii) Local Governments

(d) representative of the Kaduna State Police Command;

(e) representative of Federal Road Safety Corps;

(f) representative of the National Union of Road Transport Workers (NURTW);

(g) a representative of National Association of Road Transport Owners (NARTO);

(h) a representative of the Road Transport Employers Association of Nigeria;

(i) one representative of Association of Commercial Motorcycles and Tricycles of Nigeria, Kaduna State Chapter

(j) The Corps Marshal of the Authority;

(k) The Secretary/Legal Adviser

Tenure

A member other than an Ex-officio Member shall hold office for a period of four (4) years and may be reappointed for a further term of four (4) years only.

Cessation of Member

Notwithstanding the provision of section 8 of this Law, a member of the Council shall cease to hold office if he:

(a) resigns his appointment as a Member by notice in writing addressed to the Governor;

(b) has by reason of mental or physical infirmity becomes incapable of discharging his duties;

(c) has been convicted of an offence which involves dishonesty;

(d) has been involved in any act that may be considered inimical to the interest of the Authority or the State;

(e) has become bankrupt or made a compromise with his creditors;

(f) is removed by the Governor who is satisfied that it is in the public’s interest to do so; and

(g) in the case of a person who becomes a member by virtue of the office he holds, ceases to hold that office.

Meetings

(1) The Board shall hold such number of meetings as may be necessary for the effective discharge of its functions,

PROVIDED that, the Board shall hold such number of meeting as may each quarter of a year.

(2) At a meeting of the Board:

(a) the Chairman shall preside;

(b) where the Chairman is not present or if the office of the Chairman is vacant, the member present and voting shall choose one person from the among themselves to preside over the meeting.

(3) Every question at a meeting of the Board shall be determined by a majority of votes of members present and voting and in the case of any equal division of votes the presiding Chairman shall have a second or casting vote.

(4) Not less than a simple majority of the members may by notice in writing signed by them request the Chairman to call for a special meeting of the Board for the purpose set out in the notice and the Chairman shall thereupon call such a special meeting.

Quorum

The quorum for any meeting of the Authority shall be a simple majority of the total membership thereof.

Standing Order

Subject to the provision of this Law, the Authority may make standing orders for the purpose of regulating the proceedings at the meeting.

Powers to co-opt

Where the Authority desire to obtain the advice of any person upon any matter, the Authority may co-opt the person to be a member for such a meeting as may be required, and the person whilst so co-opted, shall have all the rights and privileges of a member save that he shall not be entitled to vote on any question or count towards a quorum.

Validity of Proceedings

No act or proceedings of the Board shall be invalid on account of any vacancy among its members or on account of the appointment of any member having been defective or by reason that a person not entitled to do so took part in the proceedings.

Protection of Members

A member or staff of the Authority shall not be personally liable to be sued for any act or omission to do any act or for any default of the Authority as long as such act, omission or default is in the course of the operation of the Authority.

Remuneration of Members

There shall be paid to every member of the Board other than Ex-officio members such remuneration and allowances as the Governor may determine.

Functions of the Governing Board

The Governing Board shall be charged with the following responsibilities:

(a) Reviewing the progress of the programmes of the Authority.

(b) Recommending changes and additions to current programmes especially the annual work plan.

(c) Identifying areas of inter departmental and inter governmental coordination.

(d) Identifying areas expertise that can be applied to specific problems.

(e) Offering technical advice to the Governor on traffic management and related issues.

(f) Perform such other functions as may, from time to time, be necessary to achieve the objectives of the Authority.

Corp Marshal

(1) There shall be a Corp Marshal for the Authority who shall be appointed by the Governor.

(2) The Corp Marshal shall be the Chief Executive Officer of the Authority and responsible for the execution of the policies of the Authority and the general management of its day to day affairs and shall carry out such functions as the Board may direct.

Secretary of the Authority

(1) There shall be a Secretary/Legal Adviser for the Authority who shall not be less than years post-call appointed by the Board.

(2) The Secretary/Legal Adviser shall also be the Secretary of the Board.

(3) The Secretary/Legal Adviser shall be responsible for the following:

(a) Providing general legal advice to the Authority and the Board;

(b) Keeping proper records of proceedings of the Board; and

(c) Performing such other functions or duties as the Board or the Corps Marshal may direct.

The Traffic Management Corps

(1) The Management and Staff of the Authority shall consist of uniformed members who shall have unique service numbers assigned to them by the Authority and bear such ranks and designations to be stipulated by regulations issued by the Authority.

(2) Staff of the Authority shall wear their name tags and ranks at all times.

Authority to provide Equipment to the Corps Members

The Authority shall provide for the members of the Corps such equipment it may consider necessary for the effective and efficient discharge of their functions, including but not limited to uniforms, identification cards, night reflecting garments, raincoats, vehicles and recovery vehicles.

Operation of the corps

(1) The operation of the corps shall cover all roads and for the administration of this Law, the Authority shall create operational zones, each under the control of an officer of the Corps.

(2) The Authority may deploy to each zone such number of Corps as it may deem sufficient for the operation of this Law in the Zone.

Ranks of the Corps Members

Members of the Corps shall bear such ranks as may be assigned to them by the Authority in the following orders:

(i) Chief Corps Marshal;

(ii) Deputy Corps Marshal;

(iii) Corps Marshal Assistant;

(iv) Chief Marshal;

(v) Deputy Chief Marshal;

(vi) Assistant Chief Marshal;

(vii) Principal Marshal;

(viii) Principal Marshal 1;

(ix) Principal Marshal 2;

(x) Marshal 1;

(xi) Marshal 2;

(xii) Marshal 3;

(xiii) Principal Marshal Assistant 1;

(xiv) Principal Marshal Assistant 2;

(xv) Principal Marshal Assistant 3;

(xvi) Marshal Assistant 1;

(xvii) Marshal Assistant 2;

(xviii) Marshal Assistant 3.

PART V – FINANCIAL PROVISIONS

Establishment of the Fund

(1) The Authority shall establish and maintain a fund from which there shall be defrayed all expenditure incurred by it.

(2) There shall be paid and credited into the fund of the Authority:

(a) such sums as may be appropriated to the Authority by an Appropriation Law of the State;

(b) all such monies paid to the Authority by way of grants, donations, gifts, subsidies, charges, fees, interest and royalties.

(c) monies raised by way of loans under the power to borrow, vested in the Authority under this Law;

(d) all monies which may vest in the Authority under any enactment; and

(e) all other sums which may in any manner become payable to the Authority in respect of any manner incidental to its powers or functions under this Law.

Estimates

The Authority shall prepare and submit to the Governor not later than the 30^th day of September of each year, an estimate of income and expenditure of the Authority for the next succeeding year.

Accounts

(1) The Authority shall cause to be kept proper books of accounts and other records in respect of its functions.

(2) The Authority shall prepare in respect of each financial year statement of accounts in such forms as the Governor may approve.

(3) The said annual statement of accounts shall be fair and accurate statement of the financial position and of the result of the operations of the Authority for the financial year to which it relates.

Audit

(1) The Authority shall cause the annual statement of accounts to be audited not later than six (6) months after the end of each financial year, by the Auditor-General of the State, or by any other person authorised by him.

(2) As soon as the annual statement of accounts has been audited the Authority shall forward to the Governor a copy of the statement of accounts together with a copy of the report made by the Auditors.

Pension Matters

Service in the Authority shall be approved service for the purpose of payment of pension and other benefits to the Staff of the Authority in accordance with the Pension Law in force in the State provided nothing in this Law shall prevent the appointment of a person to an office on terms which preclude the payment of pension in respect of that office.

PART VI – MISCELLANEOUS PROVISIONS

Mobile courts

29.(1) For the purpose of speedy trial of traffic offenders under this Law, there shall be established by the Chief Judge of the State Mobile Courts to be presided over by Magistrates who shall sit at places to be determined from time to time for the purposes of conducting trials in respect of the offences set out in the Schedule to this Law.

(2) The proceedings of the Mobile Court shall be held in public unless the Magistrate considers otherwise in the interest of justice or public peace.

(3) Notwithstanding the provisions of this Section, a traffic offender may wish to waive his right to court trial by paying the stipulated fine on the ticket into the designated State Account.

Fine

30.(1) Any fine imposed on any person as set out in the Schedule to this Law be paid either on the spot where it is imposed by a Mobile Court or within twenty-four (240) hours where imposed by a member of the corps on duty. The offender in both instances shall obtain an official ticket showing the offence committed and the amount of fine thereof.

(2) The vehicle of any person who commits any offence under this Law shall be impounded until the said fine is paid.

(3) On the default of such an offender to pay the fine, a Charge shall be preferred against hin in the Mobile Court or any other Court where appropriate.

(4) Any offender who contravenes the provisions of items 13, 23 and 24 of the First Schedule to this Law shall be subjected to mental examination to establish his state of mind of the offender.

(5) Any offender for other offences in the Schedule of this Law may be subjected to mental examination to establish the state of mind.

Impounded Vehicles

Where a vehicle is impounded for contravention of this Law, and the driver or owner of the vehicle fails to reclaim such vehicle within six (6) months of the date of its detention, the Authority may apply to the High Court for an order forfeiting the vehicle to the Authority which may then be disposed by public auction and deposit the proceeds in the Government treasury.

Power to make Regulations

The Board may, with the approval of the Governor, and subject the provisions of this Law, make regulation to enhance the effective performance of the function of the Authority under this Law and in particular with respect to:

(a) appointment, promotions, transfer, dismissal and disciplinary measures of its staff;

(b) Scheme of Service of the Authority; and

(c) the term and conditions of service (including salaries, allowances and the grant of advances, the provision of quarters, leave and medical treatment).

Power of the Governor to give Direction

(1) The Governor may give to the Authority directions of general or specific nature in relation to matters appearing to the Governor to affect public interest and the Authority shall give effect to such directions.

(2) The Governor may after consultation with the Board give the Authority specific directions for the purpose of remedying any defect which may be disclosed in the general operations of the Authority and the Authority shall give effect to such directions.

Repeal of Law No. 12 of 2014

The Kaduna State Traffic and Environmental Law Enforcement Agency (KASTELEA) Law No. 12 of 2014 is hereby repealed.

Savings

The statutory functions, rights, obligations and liabilities of the Kaduna State Traffic and Environmental Law Enforcement Agency existing before the commencement of this law under any contract or instrument whether in Law or equity shall by virtue of this Law and without further assurance be vested in the Authority established by this Law.

FIRST SCHEDULE

TRAFFIC OFFENCES AND PENALTIES

S/N	VIOLATION	CODE	PENALTY
S/N	VIOLATION	CODE	Point	Fine (N)	Additional
	Licence Conditions (General)
1.	Driving without a Driver’s Licence … … …	LGC –Q1	2	5,000.00	Impounded vehicle
2.	Driving of any vehicle by person under 18 …	LGC -02	2	5,000.00	Impounded vehicle
3.	Learner driving without Learner’s Permit … …	LGC – 03	2	5,000.00	Dislodge driver
4.	Learner Driving on major highway … … … …	LGC – 04	3	5,000.00	Dislodge driver
5.	Learner driving and unaccompanied by a licensed driver … … … … … … … … … … … … …	LGC – 05	3	10,000.00	Impounded vehicle
6.	Driving an unlicensed vehicle	LGC – 06	3	10,000.00	Impounded vehicle
7.	Driving with fake number plates	LGC – 07	4	20,000.00	Impounded vehicle and prosecute the Driver
8.	Driving a vehicle with unathorised or defective reflective number plates	LGC – 08	2	20,000.00	Impounded vehicle
9.	Riding unlicensed motorcycle/tricycle	LGC – 09	2	3,000.00	To impound the motorcycle/tricycle
	Licence Conditions (Commercial)
10.	Not painting a commercial vehicle in approved colours	LCC – 01	4	5,000.00	Enforce painting
11.	Violation of route by commercial vehicles	LCC – 02	2	5,000.00
12.	Non-display of route and route number on vehicle	LCC – 03	2	3,000.00
	Traffic Signs and Markings
13.	Disobeying traffic signs	TSM – 01	1	5,000.00
14.	Disobeying traffic lights	TSM – 02	4	10,000.00	Psychiatric Test
15.	Parking on yellow line on any public highway	TSM – 03	2	5,000.00
16.	Vehicle crossing double yellow line	TSM – 04	3	10,000.00
17.	Wrong parking	TSM – 05	3	10,000.00
18.	Staying within the yellow junction box (off side rule)	TSM – 06	2	5,000.00
19.	Failure to yield to right of way of pedestrians at a Zebra Crossing	TSM – 07	4	10,000.00
20.	Failure to give way to traffic on the left as a round about	TSM – 08	2	5,000.00
	Vehicle Defect
21.	Driving motorcycle/3- wheelers with non functional lamps	VDF – 01	1	20,000.00	Effect repairs
22.	Driving private motor vehicle with non-functional lamps	VDF – 02		20,000.00	Effect repairs
23.	Driving commercial vehicles with non-functional lamps	VDF – 03		25,000.00	Effect repairs
24.	Driving trailers, tankers and tippers with non-functional lamps	VDF – 04		100,000.00	Effect repairs
	Alcohol and Drugs
25.	Driving under the influence of alcohol and/or drugs	ALD – 01		20,000.00	Impound vehicle
26.	Smoking while driving	ALD – 02		20,000.00	Impound vehicle and psychiatric Test
	Motorcycle Riders
27.	Riding of motorcycle without crash helmet for rider	MCL – 01	1	2,000.00	Impound vehicle
28.	Riding a motorcycle without a Learner Permit	MCL – 02	2	2,000.00	Impound vehicle
29.	Riding a motorcycle against traffic through road median	MCL – 03	4	3,000.00	Impound vehicle
30.	Conveying more than one passenger at any given time (where the carrying of passenger is allowed)	MCL – 04	3	5,000.00	Impounded vehicle & passenger to pay N500.00
31.	Installation of musical gadgets on a motorcycle	MCL – 04	3	3,000.00	Impound the set
32.	Alteration of manufacturer’s specification on motorcycle (e.g handlebar/seat/horn/leg rest etc)	MCL – 05	3	3,000.00
33.	Motorcyclist/Tricycles resisting arrest	MCL – 06	4	3,000.00
	Speed Violation
34.	Exceeding prescribed speed limit	SPV – 01	2	5,000.00
35.	Trailing an Emergency vehicle	SPV – 01	2	10,000.00
36.	Failure of slow moving vehicle to keep to the right lane	SPV – 02	2	5,000.00
	Miscellaneous Traffic Fines
37.	Assault on a Traffic Officer	MTF – 01	4	50,000.00	Impound vehicle and Prosecute in Court
38.	Driving in a direction prohibited by the Road Traffic Law	MTF – 02	4	25,000.00	Psychiatric Test & prosecute in Court
39.	Illegal U-turns	MTF – 03	2	10,000.00	Impound vehicle
40.	Wrong overtaking of other vehicle	MTF – 04	2	10,000.00	Impound vehicle
41.	Overloading of a commercial vehicle	MTF – 05	2	20,000.00	Dislodge excess & impound vehicle
42.	Parking or stopping to pick passengers by a commercial vehicle other than at designated bus stop	MTF – 06	2	20,000.00	Driver Training & impound vehicle
43.	Bullion vehicle driving in a direction prohibited by the Road Traffic Law	MTF – 07	4	300,000.00	Impound vehicle and Prosecute in Court
44.	Abandoned vehicle on highway overnight	MTF – 08	4	5,000.00	Impound vehicle
45.	Causing obstruction on highway	MTF – 09	3	5,000.00	Impound vehicle
46.	Commuter hanging on tailboard of moving vehicle	MTF – 10	3	5,000.00	Dislodge
47.	Driving vehicles with door left open	MTF – 11	2	5,000.00
48.	Making or receiving phone calls while driving	MTF – 12	2	10,000.00	Prosecute in Court
49.	Driving without a seat belt for both driver and front seat passenger	MTF – 13	1	2,000.00	Strap on seat belt
50.	Failure to display reflective warning triangle sign at point of breakdown Trailer and others	MTF – 14	4	5,000.00 2,000.00
51.	Motorist resisting arrest	MTF – 15	4	5,000.00
	Storage and Custody Charges
52.	Storage charges for impounded cars, jeeps and mini buses per day			2,000.0
53.	Storage charges for impounded motorcycles and 3-wheelers per day			200.00 500.00
54.	Storage charges for trailers and tankers per day			5,000.00
55.	Towing an impounded car, jeep and mini-buses			5,000.00
56.	Towing a trailer or tanker (empty)			50,000.00	Or negotiable
57.	Towing a trailer or tanker (loaded)			100,000.00	Or negotiable
58.	Towing tippers and lorries			20,000.00 & 10,000.00	Or negotiable
59.	Towing high capacity buses			50,000.00	Or negotiable
60.	Hire of heavy duty recovery equipment			50,000.00	Or negotiable

SECOND SCHEDULE ENVIRONMENTAL OFFENCES AND PENALTIED

S/NO	VIOLATION	PENALTY (N)
1.	Driver of a commercial vehicle with non provision of dust bin	1,000.00
2.	Throwing of refuse from moving vehicle	1,000.00
3.	Non clearance of drainages in commercial areas	10,000.00
4.	Non clearance of drainage in residential areas	5,000.00
5.	Open defecation/urination	1,000.00
6.	Blocking roads for celebrations without permits	20,000.00
7.	Stray and wandering animals	10,000.00
8.	Noise which constitute nuisance	5,000.00
9.	Failure to cover vehicle carrying literate, silt sand or construction materials	5,000.00

DATED AT KADUNA this 1st day of June, 2017

MALAM NASIR AHMAD EL-RUFA’I, OFR

Governor, Kaduna State

EXPLANATORY NOTE

(This note does not form part of this Law and has no legal effect)

The purpose of this Law is to establish the Kaduna State Traffic Laws Enforcement Authority Law, 2017.

This printed impression has been carefully compared with the Bill which has passed the Kaduna State House of Assembly and found to be true and correctly printed copy of the said Bill.

HON. AMINU ABDULLAHI SHAGALI BELLO ZUBAIRU IDRIS Esq.
(Speaker) (Clerk to the Legislature)