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Kaduna State of Nigeria Gazette No. 18, Vol. 51 7th August, 2017 – Supplement Part A
ARRANGEMENT OF SECTIONS
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
“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
Powers of the Authority
(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
(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
(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:
(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
Cessation of Member
(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.
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.
Powers to co-opt
Validity of Proceedings
Protection of Members
Remuneration of Members
Functions of the Governing Board
(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.
(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
(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
(2) Staff of the Authority shall wear their name tags and ranks at all times.
Authority to provide Equipment to the Corps Members
Operation 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
(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
(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.
(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.
(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.
PART VI – MISCELLANEOUS PROVISIONS
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.
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.
Power to make Regulations
(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
(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
TRAFFIC OFFENCES AND PENALTIES
|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|
|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|
|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|
|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
|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
|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
|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|
|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
(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)