LAGOS STATE TRANSPORT SECTOR REFORM LAW

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LIST OF LAWS OF LAGOS, [ALPHABETICAL]  
A- C G – K M – I R – T
D – F L – L P – P U – Z

LAWS OF LAGOS STATE, NIGERIA

LAGOS STATE TRANSPORT SECTOR REFORM LAW, 2018

TABLE OF CONTENTS

Part I – ADMINISTRATION OF TRANSPORT SECTOR IN LAGOS STATE

1.       Interpretation

2.       Objectives of this Law

3.       Role of the Ministry

4.       Powers of the Ministry

5.       Establishment and Composition of the Transport Advisory Committee

6.       Functions of the Transport Advisory Committee

7.       Meetings of the Committee

8.       Quorum

9.       Voting

10.     Power to Co-opt

Part II – VEHICLE INSPECTION SERVICE

11.     Establishment of the Vehicle Inspection Service

12.     Functions of the VIS

13.     Head of Department of VIS

14.     Rider’s Card

15.     Misuse of Identification Mark or Licence

16.     Prohibition of Use of Unregistered or Unmarked Vehicle

17.     Liability for Overloading and Exceeding Speed Limit

18.     Liability of Owners for Safety of Vehicles

19.     Owner to be Responsible for Condition of Vehicle

20.     Liability of a Third Party

21.     Designated Vehicle Parks and Records of Impounded Vehicles

22.     Release of Impounded Vehicles

23.     Notification Ticket and Prosecution

24.     Procedure in Respect of Suits

Part III – LAGOS STATE TRAFFIC MANAGEMENT AUTHORITY

25.     Interpretation

26.     Establishment of the Lagos State Traffic Management Authority

27.     Powers of Authority

28.     Functions of the Authority

29.     Establishment and Composition of the Advisory Board

30.     Tenure of Members of the Board

31.     Remuneration and Allowances

32.     Meetings of the Board

33.     Proceedings of the Board

34.     Validity of proceedings

35.     Quorum

36.     Power to Co-opt

37.     Voting

38.     Cessation of Office of Members of the Board

39.     Common Seal of the Authority

40.     General Manager of the Authority

41.     Secretary of the Authority

42.     Legal Adviser of the Authority

43.     Funds of the Authority

44.     Closure of Highways

45.     Control of Trailers and Long Vehicles

46.     Control of Motorcycles and Tricycles

47.     Removal of Abandoned Vehicles from Highway and Sides of Private Premises

48.     Disposal of Abandoned, Unclaimed or Apprehended Vehicles

49.     Illegal use of Walkway and Undesignated Bus stops.

50.     Careless and Inconsiderate Driving

51.     Reckless or Dangerous Driving

52.     Causing Death by Reckless or Dangerous Driving

53.     Driving Vehicles under the influence of Alcohol or Drug

54.     Arrest without Warrant

55.     Seizure of a Driver’s Licence

56.     Designated Vehicles parks and Records of Impounded Vehicle.

57.     Release of Impounded Vehicles

58.     Notification Ticket & Prosecution

59.     Ranks of Members of the Authority

60.     Establishment of Traffic Corps

61.     Declaration of Interest

62.     Provision of Equipment and Materials

63.     Jurisdiction and Operational Zones

64.     Service by Officers

65.     Allocation of service numbers

66.     Penalties for Neglect of Traffic Directions

67.     Offences Relating to Bus Rapid Transit, Sirens etc.

68.     Offences and Penalties

69.     Procedure in Respect of suits against the Authority

70.     Details of Offenders.

71.     Bank Accounts

72.     Audit

73.     Annual Report

74.     Power to make Regulations

Part IV – LAGOS STATE PARKING AUTHORITY

75. Interpretation.

76. Establishment of the Lagos State Parking Authority

77. Powers of the Authority

78. Functions of the Authority

79. Delegated Authority

80. Establishment and Composition of the Advisory Board

81. Tenure of office of Members of the Board

82. Remuneration and Allowances

83. Meetings of the Board

84. Proceedings of the Board

85. Validity of Proceedings

86. Quorum

87. Power to Co-opt

88. Disclosure of Interest

89. Voting

90. Cessation of office of Members of the Board

91. Common Seal of the Authority

92. General Manager of the Authority

93. Secretary of the Authority

94. Legal Adviser of the Authority

95. Staff of the Authority

96. Funds of the Authority

97. Prohibition of Printing, Issuance and Sale of Tickets

98. Bank Accounts

99. Accounts and Audit

100. Annual Report

101. Power to make Regulations.

Part V – LAGOS METROPOLITAN AREA TRANSPORT AUTHORITY

102. Interpretation

103. Establishment of the Lagos Metropolitan Area Transport Authority

104. Powers of the Authority

105. Functions of the Authority

106. Establishment and Composition of the Governing Board

107. Tenure of Office of Members of the Board

108. Remunerations and Allowances

109. Cessation of Office of Members of the Board

110. Meetings of the Board

111. Proceedings of the Board

112. Validity of Proceedings

113. Quorum

114. Disclosure of Interest by Members of the Board

115. Voting

116. Filling of Vacancy

117. Power to Co-opt

118. Common Seal of the Authority

119. The Managing Director of the Authority

120. Legal Adviser of the Authority

121. Secretary of the Authority

122. Officers of the Authority

123. Establishment of the Transport Trust Fund

124. Funds and Resources of the Authority

125. Application of the Authority’s Revenues

126. Power to Borrow

127. Protection of Officers and Properties of the Authority

128. Existing Rights and Liabilities

129. Proofs of Money

130 Maintenance of Declared Roads

131. Offices of the Authority

132. Procedure in Respect of Suit against the Authority

133. Bank Accounts

134. Books of Accounts

135. Audit

136. Annual Reports

137. Power to Make Regulations

PART VI – PUBLIC BUS SERVICES REFORM

138. Interpretation

139. Objectives of the Public Bus Reform Programme

140. Establishment of the Public Bus Reform Programme

141. Powers of the Bus Services

142. Functions of the Bus Services

143. Funds of the Bus Services

144. Power to Borrow and Invest

145. Restriction on Execution

146. Compliance with Public Private Partnership Law Ch.P18 Vol.9 LLS 2015

147. Grant of Franchise in Respect of Route

148. Issuance of Tickets and Pass

149 Fares

150. General Duties of Grantees

151. Alternative Dispute Resolution

152. Power to Enter and Search or Inspect

153. Sign Boards and Notices on Buses

154. Uniform

155. Conduct of Driver

156. Consumption of Alcohol

157. Power to Remove Passengers

158. General Conduct of Passengers and Intending Passengers

159. Compliance with Directions

160. Carriage of Goods

161. Dangerous Goods

162. Property to be Handed to the Driver

163. Record of Property Found

164. Safe Keeping of Property

165. Unclaimed Property

166. Person Entitled to Award

167. Costs of Packing and Carriage

168. Liability of Injury to Grantee.

169. Examination of Property

170. Prohibition in Respect of Franchise

171. Offences and Penalties

172. Power to make Regulations

Part VII (A) – MOTOR VEHICLE ADMINSTRATION AGENCY

173. Interpretation

174. Establishment of the Motor Vehicle Administration Agency

175. Functions of the Agency

176. Establishment and Composition of the Governing Board

177. Tenure of Office of Members of the Board

178. Remuneration and Allowances of Members

179. Meetings of the Board

180. Quorum

181. Proceedings of the Board

182. Validity of Proceedings

183. Disclosure of Interest

184. Voting

185. Cessation of Office of Members of the Board

186. Common Seal of the Agency

187. General Manager of the Agency

188. Legal Adviser to the Agency

189. Secretary to the Agency

190. Staff of the Agency

191. Revenue of the Agency

192. Registration and Licensing of Vehicle

193. Temporary Vehicle Identification Tag

194. Conditions and Forms of Application

195. Fees

196. Prohibition of Use of Unregistered and Unmarked Vehicles

197. Copy of Agency’s Records

198. Accounts and Audit

199. Report on Audited Account

200. Power to make Regulations

(B) – REGISTRATION AND REGULATION OF THE ACTIVITIES OF MOTOR VEHICLE AND MOTOR VEHICLE SPARE PARTS DEALERS WITHIN THE STATE

201. Interpretation

202. Registration of Motor Vehicles Dealers

203. Application for Registration

204. Issuance of Certificate

205. Production of Certificate

206. Restriction of Operations of Motor Vehicle Business

207. Routine Check on Business Premises

208. Offences and Penalties

209. Power to make Regulations

Part VIII – LAGOS STATE DRIVERS’ INSTITUTE

210. Interpretation

211. Objectives of the Drivers’ Institute.

212. Establishment of the Lagos State Drivers’ Institute

213. Powers of the Institute

214. Establishment and Composition of the Governing Council.

215. Functions of the Council

216. Appointment and Tenure of Office of Members of the Council

217. Remuneration and Allowances

218. Meetings of Council

219. Proceedings of the Council

220. Validity of Proceedings

221. Quorum

222. Voting

223. Filling of Vacancy

224. Power to Co-opt

225. Termination of Appointment.

226. Common Seal of the Institute

227. General Manager of the Institute

228. Legal Adviser of the Institute

229. Secretary of the Institute

230. Staff of the Institute

231. Funds of the Institute

232. Gifts, Donations, Grants and Endowment

233. Enforcement

234. Offences and Penalties

235. Bank Accounts

236. Audit

237. Annual Report

238. Power to make Regulations.

Part IX – LAGOS STATE NUMBER PLATE PRODUCTION AUTHORITY

239. Interpretation

240. Objectives of the Authority

241. Establishment of the Lagos State Number Plate Production Authority

242. Powers of the Authority

243. Functions of the Authority

244. Establishment and Composition of the Board

245. Tenure of Office of Members of the Board.

246. Remuneration and Allowances

247. Meetings of the Board

248. Proceedings.

249. Validity of Proceedings

250. Quorum

251. Voting

252. Power to Co-opt

253. Cessation of Office of Members of the Board

254. Disclosure of Interest

255. General Manager of the Authority

256. The Secretary of the Authority

257. Staff of the Authority

258. Application of the Pension Reform Law

259. Notice of Action against the Authority

260. Protection of Members and Staff of the Authority

261. Service of Documents

262. Restriction of Execution against the Property of Authority

263. Common Seal of the Authority

264. Funds and Resources of the Authority

265. Application of Funds

266. Power to Borrow

267. Bank Account(s)

268. Account(s)

269. Audit

270. Annual Report

271. Power to make Regulations

Part X – LAGOS STATE WATERWAYS AUTHORITY

272. Interpretation

273. Establishment of the Lagos State Waterways Authority

274. Powers of the Authority

275. Functions of the Authority

276. Establishment and Composition of the Governing Board

277. Appointment of Members of the Board

278. Tenure of Office of Members of the Board

279. Remuneration and Allowances

280. Meetings of the Board

281. Proceedings of the Board

282. Validity of Proceedings

283. Quorum

284. Voting

285. Power to Co-opt

286. Cessation of Office of Members of the Board

287. Common Seal of the Authority

288. Grant of Licence

289. Suspension of Licence

290. Revocation of Licence

291. General Manager of the Authority

292. Legal Adviser of the Authority

293. Secretary of the Authority

294. Establishment of the State Water ways Guard Corps

295. Staff of the Authority

296. Application of the Pension Reform Law

297. Operation and Control of Licenced Services

298. Frequency of Services and Carrying Capacity

299. Alteration of Services

300. The Authority to Specify Piers and Berths

301. Power to Enter, Inspect and Seize

302. Power to Remove and Dispose

303. Funds of the Authority

304. Power to Borrow

305. Power to Accept Gifts

306. Bank Accounts

307. Audit

308. Annual Report

309. Annual Estimates

310. Arbitration

311. Offences and Penalties

312. Power to make Regulations

Part XI – GENERAL PROVISIONS

313. Interpretation

314. Application

315. Traffic Signs

316. Control of Traffic on Bridges

317. Duty in Case of an Accident

318. False Information by Offender

319. Power to Retain Driver’s Licence in certain Circumstances

320. Contravention of Terms of a Licence

321. Other Liabilities

322. Provision of Vehicle Removal Parks by the State

323. General Penalty

324. Corrupt Officers

325. Application of the Law to the Public Officers

326. Power to make Regulations

327. Transition, Repeal and Savings.

328. Citation and Commencement

A LAW TO CONSOLIDATE ALL LAWS RELATING TO THE TRANSPORT SECTOR, TO PROVIDE FOR THE DEVELOPMENT AND MANAGEMENT OF A SUSTAINABLE TRANSPORT SYSTEM IN LAGOS STATE AND FOR CONNECTED PURPOSES.

THE LAGOS STATE HOUSE OF ASSEMBLY enacts as follows:

PART I – ADMINISTRATION OF TRANSPORT SECTOR IN LAGOS STATE

Interpretation.

1.       In this Law, unless the context otherwise requires –

“Commissioner” means the Commissioner for Transportation or a member of the State Executive Council charged with the responsibility for the management of the transport sector in the State;

“Department” includes Agencies;

“Governor” means the Governor of Lagos State;

“House” means Lagos State House of Assembly;

“Ministry” means the Ministry of Transportation; and

“State” means Lagos State of Nigeria.

Objectives of this Law.

2.       The objectives of this Law are to –

(a)     provide for the development and management of a sustainable transport system in the State;

(b)     facilitate the development, management and maintenance of transport infrastructure and facilities within the State;

(c)     regulate the provision of an efficient and effective transport service delivery system; and

(d)     ensure availability of a safe and affordable transportation system.

Role of the Ministry.

3. (1) The Ministry of Transportation (referred to in this Law as “the Ministry”) shall be responsible for the overall management of the transport sector and transport related matters in the State.

(2)     The Ministry shall supervise all the relevant Agencies, Authorities, Boards, Departments, Offices and Units established under this Law for effective and efficient administration of the transport sector in furtherance of its ministerial responsibilities.

(3)     The Agencies, Authorities, Boards, Departments, Offices and Units under the Ministry are –

(a)     Lagos State Traffic Management Authority (LASTMA);

(b)     Lagos State Number Plate Production Authority;

(c)     Motor Vehicle Administration Agency (MVAA);

(d)     Lagos State Drivers’ Institute (LASDRI);

(e)     Lagos Metropolitan Area Transport Authority (LAMATA);

(f)      Lagos State Waterways Authority (LASWA);

(g)     Lagos Bus Services Limited (LBSL);

(h)     Lagos State Ferry Services Limited (LAGFERRY);

(i)      Lagos State Parking Authority; and

(j)      Vehicle Inspection Service.

(2)     The Governor may by an order or directive include such other Departments, as may be necessary to be under the supervision of the Ministry.

Powers of the Ministry.

4.       The Ministry shall have powers to –

(a)     initiate, formulate and coordinate all transport policies and programmes in the State;

(b)     integrate sustainable development principle in the transportation policies of the State;

(c)     supervise, monitor and evaluate the implementation of all transport policies and programmes in the State;

(d)     supervise, monitor and regulate the management of transport related facilities including mechanic villages, motor parks and terminals;

(e)     collaborate, consult and cooperate to the maximum extent practicable with any Federal Agency, other States, Local Governments, statutory bodies and research agencies on matters and facilities relating to the transport sector;

(f)      promote cooperation and partnership in the area of transport technologies and infrastructure development with appropriate Federal Agencies, relevant State Ministries and International bodies including donor agencies;

(g)     provide technical assistance to other Institutions and individuals on transport matters;

(h)     offer advice to the State Government on projects/programmes with socio-economic and environmental impacts as it may consider necessary or as may be referred to it;

(i)      ensure the integration of public awareness and participation mechanisms in its decision making processes on transport matters; and

(j)      promote investment in transport management and development of transport management infrastructure.

Establishment and Composition of the Advisory Committee (referred to in this Part as the Transport Advisory “Committee”).

5. (1) There is established for the Ministry, the Transport Committee. (2) The Committee shall consist of the following members –

(a)     the Commissioner who shall be the Chairman of the Committee;

(b)     a representative each of the following Ministries, Departments and Agencies not below Grade Level 15 or its equivalent –

(i)      Transportation;

(ii)     Works;

(iii)    Justice;

(iv)    Lagos State Traffic Management Authority (LASTMA);

(v)     Lagos State Number Plate Production Authority;

(vi)    Motor Vehicle Administration Agency (MVAA);

(vii)   Lagos State Drivers’ Institute (LASDRI);

(viii)   Lagos Metropolitan Area Transport Authority(LAMATA);

(ix)    Lagos State Waterways Authority (LASWA);

(x)     Lagos Bus Services Limited (LBSL);

(xi)    Lagos State Ferry Services Limited (LAGFERRY);

(xii)   Lagos State Parking Authority;

(xiii)   Physical Planning and Urban Development;

(xiv) Environment; and

(xv)   Local Government and Community Affairs.

Functions of the Transport Advisory Committee.

6.       The functions of the Committee shall be to –

(a)     review the progress of all transport programmes in the State and make recommendations to the Ministry;

(b)     identify areas of inter-departmental and inter-governmental coordination;

(c)     identify areas of expertise that can be applied to specific programmes;

(d)     offer technical advice to the Ministry on transport management; and

(e)     carry out such other functions as may be determined by the Ministry.

Meetings of the

7. (1) The Committee shall meet once every quarter and Committee. a special meeting may be convened in case of exigencies.

(2)     The Chairman shall preside at any meeting of the Committee and in the Chairman’s absence any member duly appointed by members shall preside.

Quorum.

8.       The quorum of meeting of the Committee shall be nine (9) members.

Voting.

9. (1) Any issue at the meeting of the Committee shall be determined by the majority of votes of members present and voting.

(2)     The Chairman shall have a deliberative vote and in the event of an equality of votes the Chairman shall have a casting vote.

Power to Co-opt.

10.     Where the Committee desires to obtain the advice of a person(s) on a particular matter, the Committee may co-opt that person(s) to be a member for as many meetings as may be necessary but the person(s) so co-opted shall not be entitle to vote on any question or count towards a quorum..

PART II – VEHICLE INSPECTION SERVICE

Establishment of the Vehicle Inspection Service.

11. (1)        There is established the Vehicle Inspection Service (referred to in this Part as the “VIS”).

(2)     The VIS shall be a Directorate in the Ministry of Transportation.

Functions of the VIS.

12. (1)        The VIS shall be responsible for –

(a)     inspecting, regulating and ensuring the roadworthiness of motor vehicles in the State;

(b)     pre-registration inspection of vehicles;

(c)     inspection and issuance of Road Worthiness Certificate (RWC) in respect of all vehicles;

(d)     cooperating with other agencies to enforce traffic rules and regulations;

(e)     providing accessible emergency services;

(f)      cooperating with relevant agencies engaged in road safety activities in the prevention of accidents on the highways;

(g)     training and testing of applicants for driver’s licence;

(h)     training and testing of applicants for Rider’s Card;

(i)      carrying out inspection and issuing reports on accident vehicles in the State; and

(j)      preparing and keeping statutory registers and database of all certificates issued and revoked.

(2)     In the exercise of its functions under this Part, the VIS shall have powers to direct that vehicle(s) which fail to meet the prescribed standards be kept off the road.

Head of Department of VIS.

13. (1) There shall be for the VIS a Head of Department who shall be

(a)     an officer not below Grade Level 15 in the State Civil Service; and

(b)     responsible for the general administration and implementation of the policies of the VIS.

(2)     The Head of Department shall be assisted by designated Vehicle Inspection Officers in the discharge of the duties of the Department as may be required.

Rider’s Card.

14.     As from the commencement of this Law, a person shall not operate a Motorcycle or Tricycle without a Rider’s card issued by the VIS.

Misuse of Identification Mark or Licence.

15. A person who –

(a)     forges, fraudulently defaces, alters or mutilates any licence or identification mark;

(b)     exhibits or uses any licence which has been forged, defaced, altered or mutilated;

(c)     lends or allows to be used by any other person a licence or identification mark;

(d)     uses a driver’s licence or rider’s card belonging to another person;

(e)     exhibits or uses a licence upon which figures or particulars have become illegible; or

(f)      exhibits or uses an imitation of a licence, commits an offence and is liable on conviction to the penalty stated in the Schedule to this Part.

Prohibition of use of Unregistered or Unmarked Vehicle

16.     A person who drives or being the owner, permits any other person to drive a vehicle that –

(a)     is not registered or licenced; or

(b)     does not have affixed to it an identification mark in the prescribed manner, commits an offence.

Liability for Overloading and Exceeding Speed Limit.

17. (1) A person who drives a vehicle above the approved speed limit or overloads a vehicle commits an offence and is liable on conviction to the penalty stated in the Schedule to this Part.

(2)     Where the driver of a commercial vehicle who has committed an offence is not the owner, the owner shall also be liable and charged accordingly, unless it can be proved that no act or omission on the part of the owner contributed to the commission of the offence.

Liability of Owners for Safety of Vehicles.

18. (1) All commercial vehicles in the State shall conform with the conditions and standard of commercial vehicles as may be prescribed by the provisions of this Law or any regulation made under it.

(2)     A person who drives a commercial vehicle whose condition does not conform with the provisions of the Law commits an offence and is liable on conviction to the penalty stated in the Schedule to this Part.

(3)     Subject to the provisions of this Section, where the driver is not the owner, the owner shall also be liable.

Owner to be Responsible for Condition of Vehicle.

19.     The owner or driver of a vehicle shall not by reason of the vehicle being registered or licenced, be relieved of any responsibility for its roadworthiness and fitness for the purpose for which it is being used.

Liability of a Third Party.

20.     Where a commercial vehicle or trailer is in the custody or under the control of a person other than the owner or some person employed by the owner, that person in addition to the owner shall be liable under Section 19 of this Part unless such person can prove to the satisfaction of the court that that person was not aware and could not by reasonable inquiry have been aware that the vehicle did not comply with the requirements of this Law relating to the condition of the vehicle.

Designated Vehicle Parks and Records of Impounded Vehicles.

21. (1) A vehicle impounded under the provisions of this Law shall be detained in a designated vehicle park.

(2)     The VIS shall –

(a)     provide and maintain at the principal office of the VIS a record containing particulars of each impounded vehicle, its contents and specifying the date it was impounded, and the vehicle park in which it is situated;

(b)     make reasonable arrangement for the safe custody of impounded vehicles while they are in the vehicle parks; and

(c)     keep the record open during normal office hours for inspection free of charge by members of the public and ensure that an authorised officer is present at all times in each vehicle park.

Release of Impounded Vehicles.

22. (1) An impounded vehicle shall be released to a person entitled to its custody after payment of fees and complying with all administrative processes and tenders to the officer in charge of the designated vehicle park within twenty-four (24) hours, evidence of entitlement to the vehicle and the vehicle particulars issued prior to the impounding of the vehicle.

(2)     The request for the release of an impounded vehicle by a person entitled to its custody shall be made within the hours of 8.00am and 6.00pm on a week day, except public holidays.

(3)     An impounded vehicle shall be released to a person entitled to its custody within a period of twenty-four (24) hours and two (2) weeks from the date on which the vehicle was impounded where the person tenders to the officer in charge of the designated vehicle park such proof–

(a)     as mentioned in subsection (1) above;

(b)     of a revenue receipt for the cost of obtaining particulars if obtained after the vehicle was impounded; and

(c)     of payment of custody fee prescribed in the Schedule to this Part for every day during which the vehicle remains impounded.

Notification Ticket and Prosecution.

23. (1) A fine prescribed under the provisions of this Part shall be paid either on the spot where it is imposed by a mobile court or within forty – eight (48) hours upon issuance of a notification ticket by an authorised officer on highway patrol and the offender in both instances shall obtain an official ticket showing the offence committed and the amount of fine to be paid.

(2)     The vehicle of a person who commits an offence shall be detained in the designated vehicle park until the said fine is paid.

(3)     On the default of such an offender to pay the fine within the stipulated period, a charge shall be proffered against the offender in the Magistrate Court or Mobile Court.

(4)     A person suspected of having committed an offence in the violation column of the Schedule to this Part is liable on conviction to the penalty prescribed in the penalty column or such additional penalty as may be stipulated under this Part.

Procedure in Respect of Suits.

24. (1) A suit shall not be commenced against an employee of the VIS in respect of an act purported to be done in the execution of this Law unless it is commenced within twelve (12) months after the act, neglect or default complained of or in case of continuance of damage of or injury.

(2)     A suit shall not commence against an employee of the VIS in respect of an act purported to be done or a neglect of duty under this Part, before the expiration of a period of one (1) month during which written notice of intention to commence the suit must have been served on the VIS by the intending claimant or the agent and the notice must clearly and explicitly state the –

(i)      cause of action;

(ii)     particulars of claim;

(iii)    name and place of abode of the intending claimant; and

(iv)    relief claimed.

(3)     In an action or suit against the VIS, no execution or attachment or process of that nature shall be issued against a property of the VIS, but a sum of money which may be the judgment of the court awarded against the VIS shall subject to a direction given by the court in respect of that judgment be paid from the general funds of the VIS.

SCHEDULE – VEHICLE INSPECTION OFFENCES AND PENALTIES

S/N Violation Points Penalty
Fine Additional
1. Driving without valid driver’s licence 2 1st offender: N20,000 Subsequent offender: N20,000’ Impound vehicle Payment for removal, storage and evidence of payment for the licence
2. Driving of a vehicle by a person under 18 years 2 1st offender: N20,000.00 Subsequent offender: N30,000.00 Impound vehicle Payment for removal and storage
3. Learner driver without permit 2 1st offender N20,000 Subsequent offender: N30,000 Impound vehicle Payment for removal, storage and evidence pf payment for permit
4. Learner driver on highways 2 1st offender: N20,000 Subsequent offenderN30,000 Dislodge driver  
5. Learner driver unaccompanied by licenced driver 2 1st  offender: N20,000.00 Subsequent offender: N30,000.00 Dislodge driver  
6. Driving an unlicenced/ unregistered vehicle 4 1st  offender: N20,000.00 Subsequent offender: N30,000.00 Imprisonment for a term of three (3) months Or both fine and imprisonment
7. Driving with a fake number plate 4 1st  offender: N20,000.00 Subsequent offender: N30,000.00 Imprisonment for a term not more than six (6) months  
8. Driving a vehicle with unauthorised or defective number plate 2 1st  offender: N20,000.00 Subsequent offender: N30,000.00 Imprisonment for a term not more than six (6) months Or both fine and imprisonment
9. Driving with a forged driver’s Licence 4 1st  offender: N20,000.00 Subsequent offender: N30,000.00 Imprisonment of not more than six (6) months Or both fine and imprisonment
10. Driving without a valid MOT Test Certificate 2   Impound vehicle Payment for removal, storage and evidence of payment for the Certificate
11. Driving without a valid Road Worthiness Certificate 2   Impound vehicle Payment for removal, storage and evidence of payment for the Certificate
12. Driving without a valid vehicle licence 2   Impound vehicle Payment for removal, storage and evidence of payment for the licence
13. Not painting a commercial vehicle in approved colours 4 N25,000 Enforce painting  
14. Driving a commercial vehicle without valid hackney permit 2   Impound vehicle Payment for removal, storage and evidence of payment for the permit
15. Driving a commercial vehicle without Certificate of Road Worthiness 2   Impound vehicle Payment for removal, storage and evidence of payment for the Certificate
16. Non-display of hackney permit 2 1st  offender: N20,000.00 Subsequent offender: N30,000.00 Impound vehicle  
17. No car hire permit 2 1st  offender: N20,000.00 Subsequent offender- N30,000.00 Impound vehicle  
18. Disobeying traffic control personnel 2 1st  offender: N20,000.00 Subsequent offender: N30,000.00 Impound vehicle LASDRI Training
19. Neglect of traffic directions 2   Forfeiture of the vehicle to the State 1st offence – one (1) year imprisonment and forfeiture of the vehicle to the State; 2nd and subsequent offence – three (3) years imprisonment and forfeiture of the vehicle to the State and capturing of offender’s data and biometrics
20. Smoking, Drinking and Eating while driving 2 1st  offender: N20,000.00 Subsequent offender: N30,000.00 Impound vehicle Three (3) Months Imprisonment or six (6) months community service
21. Riding motorcycle without approved crash helmet for rider and passenger 1 1st  offender: N20,000.00 Subsequent offender: N30,000.00 Imprisonment of not more than six (6) months Three (3) months Imprisonment or Community service
22. Riding motorcycle without rider’s permit   1st  offender: N20,000.00 Subsequent offender: N30,000.00 Impound motorcycle and collect permit before release Payment for removal, storage and evidence of payment for permit or community service
23. Operating vehicle within  restricted routes or beyond approved hour 3 N50,000.00 Impound vehicle Six (6) months imprisonment or both fine and mprisonment
24. Physical assault on traffic officer   N100,000.00 Six (6) months imprisonment or both fine and imprisonment Compensation to assaulted officer
25. Commuter or conductor hanging on tailboard of moving vehicle 2 1st offender: N20,000.00 Subsequent offender: N30,000.00 Dislodge and impound vehicle Community service
26. Driving vehicles with doors left open 2 1st offender: N20,000.00   Community service in additional to fine
27. Driving a right hand vehicle 2 1st  offender: N20,000.00 Subsequent offender: N30,000.00 Conversion  
28. Riding Motorcycle/ Tricycle with nonfunctional lamps 2 1st offender: N20,000.00 Subsequent offender: N30,000.00 Effect repairs  
29. Driving private motor vehicle with non-functional lamps 2 1st offender: N20,000.00 Subsequent offender: N30,000.00 Effect repairs  
30. Driving trailers, tankers and tippers with nonfunctional lamps 4 1st  offender: N20,000.00 Subsequent offender: N30,000.00 Effect repairs  
31. Driving trailers, tankers and tippers with nonfunctional Lamps 4 N50,000.00 Impound vehicle  
32. Driving company motor vehicles with non-functional lamps 3 N25,000.00 Effect repairs  
33. Driving a trailer or other vehicle carrying  containers unlatched and not properly secured 4 N250,000.00 Impound vehicle  
34. Driving with worn-out tyre(s) 1 1st  offender: N20,000.00 Subsequent offender: N30,000.00    
35. Driving without a functional spare tyre 1 1st  offender: N20,000.00 Subsequent offender: N30,000.00    
36. Excessive smoke emission 1 1st  offender: N20,000.00 Subsequent offender: N30,000.00    
37. Fire extinguisher violation 1 1st offender -N20,000.00 Subsequent offender – N30,000.00    
38. Windscreen Violation 1 1st offender: N20,000.00 Subsequent offender: N30,000.00    
39. Storage charge for impounded cars, jeeps and mini-buses per day   N1,000.00    
40. Storage charge for impounded motorcycles and three (3) wheelers per day 2 N500.00    
41. Storage charge for all other impounded vehicles(6 wheelers and above) per day 2 N2,000.00    
42. Towing an impounded car, jeep or mini bus 4 N10,000.00    
43. Towing other commercial vehicles excluding trailers (mini-buses) 2 N10,000.00    
44. Towing a trailer or tanker (empty)   N50,000.00    
45. Towing a trailer or tanker (loaded)   N100,000.00    
46. Towing tippers and lorries (loaded) 1 N50,000.00    
47. Towing luxurious buses 1 N50,000.00    
48. Towing an overnight breakdown trailer   N100,000.00    
49. Towing tricycles 2 N2,000.00    
50. Towing motorcycles 2 N500.00    
51. Hire of Heavy duty recovery equipment (Towing/Recovery fees)     At Hirer’s cost  
52. Failure to pay penalty fee within prescribed time       Double the initial penalty
           

In addition to the penalties prescribed above, the VIS may direct the driver/rider to attend the Lagos State Drivers’ Institute for training.

PART III – LAGOS STATE TRAFFIC MANAGEMENT AUTHORITY

Interpretation 25. In this Part, unless the context otherwise requires—

“Authority” means the Lagos State Traffic Management Authority;

“Abandoned Vehicle” means a vehicle which has been left unattended or parked-

(i)      upon or within ten (10) feet of the travelled portion of the highway;

(ii)     on a private property in excess of seven (7) days; or

(iii)    on a public property for more than thirty (30) days;

without the consent of the owner or person in charge of the property.

“Commissioner” means the Commissioner for Transportation or a member of the State Executive Council charged with the responsibility for the management of the transport sector in the State;

“Driving Institution” means any driving institution designated by Government;

“Financial Year” means a period of twelve (12) months commencing on the 1st day of January and terminating on the 31st day of December;

“Governor” means the Governor of Lagos State;

“House” means Lagos State House of Assembly;

“Local Government Area” includes Local Council Development Area;

“Member” includes uniformed, non-uniformed member and Special Traffic Mayors of the Authority;

“Special Traffic Mayor” means celebrity or top government official volunteer traffic controller;

“State” means the Lagos State of Nigeria; and

“Traffic Mayor” means volunteer traffic controller.

Establishment of the Lagos State Traffic Management Authority.

26. (1) There is established the Lagos State Traffic Management Authority (referred to in this Part as the “Authority”).

(2)     The Authority shall–

(a)     be a corporate body with perpetual succession and a common seal;

(b)     have power to sue and be sued in its corporate name; and

(c)     be capable of purchasing, acquiring, holding and disposing of properties, moveable or immovable, for the purpose of exercising its functions.

Powers of the Authority.

27. (1) The Authority shall have powers to –

(a)     arrest where appropriate and allow the alleged offender to pay the fine stipulated for the offence under the provisions of this Part;

(b)     prosecute any person reasonably suspected of committing or having committed an offence under this Part;

(c)     impound a vehicle by which an offence under this Law has been committed until the case is determined or disposed of;

(d)     remove and detain a vehicle which has been parked in a manner that causes an obstruction on a highway until the case is determined or disposed of;

(e)     facilitate the towing and parking of impounded vehicles in the designated vehicle park;

(f)      declare an offender wanted if the offender fails to answer charges under this Part; and

(g)     direct an offender to a driving Institution to undertake a course of study for a period of not less than two (2) days but not exceeding fourteen (14) days in respect of an offence committed under this Law.

(2)     For the purpose of deterring traffic offenders the Authority shall16

(a)     introduce the penalty of point rating and apply the points contained in the point column of the Schedule for each traffic offence; or

(b)     withdraw the offender’s driver’s licence for a period of six (6) months in the first instance where the offender has accumulated penalty points in one or more arrests.

Functions of the Authority.

28. (1) The Authority shall control and manage vehicular traffic flow in the State and ensure the –

(a)     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; and

(b)     application of breath testing, blood and urine specimen testing devices on any driver to detect whether the driver is driving under the influence of alcohol or drugs.

(2)     In the discharge of its functions the Authority shall also–

(a)     enforce State and National Laws that govern the safe use of vehicles on the road;

(b)     deter and apprehend road traffic offenders;

(c)     conduct day and night traffic patrols to enforce traffic rules and regulations and clear the highways of obstruction;

(d)     reduce incidence and severity of road traffic accidents;

(e)     enforce the use of bus stops and bus terminals;

(f)      identify, develop, promote and maintain standard practice of traffic management and road safety;

(g)     provide accessible emergency towing services for broken-down vehicles;

(h)     maintain a register of traffic violators;

(i)      safeguard highways from encroachment, roadside trading, street hawking and alms begging;

(j)      safeguard children at crossing and school site zones;

(k)     safeguard all road users at railway level crossing;

(l)      safeguard vehicles and pedestrians within construction zones on highways and streets;

(m)    co-operate with Local, National and International Bodies, Agencies or groups engaged in road safety activities or in the prevention of accidents on highways;

(n)     enter into agreements with a person for the supply, construction, manufacture, maintenance or repair of a property whether moveable or immovable, for the purpose of the Authority; and

(o)     provide facilities for training, education and research for advancing the skill of persons employed by the Authority or the efficiency of the equipment of the Authority or the manner in which the equipment is operated.

Establishment and Composition of the Advisory Board.

29. (1) There is established the Lagos State Traffic Management Authority Advisory Board (referred to as “the Board”).

(2)     The Board shall consist of –

(a)     a Chairman;

(b)     the General Manager/Chief Operating Officer;

(c)     one (1) representative of the Nigeria Police, Lagos State Command;

(d)     two (2) Transport/Traffic Safety Consultants from the private sector;

(e)     one (1) Local Government Area Chairman from each of the three (3) Senatorial districts of the State;

(f)      one (1) representative each of the underlisted Ministries not below Grade Level 15-

(i)      Transportation;

(ii)     Justice;

(iii)    Local Government and Community Affairs; and

(iv)    Physical Planning and Urban Development.

(3)     The Chairman and members of the Board with the exception of the ex-officio members shall be appointed by the Governor subject to the confirmation of the House.

Tenure of Office of Members of the Board.

30 (1) Members of the Board except the General Manager/Chief Operating Officer shall serve on part-time basis.

(2)     The members of the Board shall hold office for a period of four (4) years and may be eligible for reappointment for one (1) further term of four (4) years only.

Remuneration and Allowances.

31.     Members of the Board shall be paid such remuneration and allowances as may be approved by the Governor.

Meetings of the Board.

32. (1)        The Board shall in each year hold a general meeting as its annual meeting, and may hold any other meeting in that year, when necessary.

(2)     The Board shall meet at least once every quarter but not less than five (5) times in a year.

(3)     The Chairman shall preside at a meeting of the Board and in the Chairman’s absence, a member duly appointed shall preside.

Proceedings of the Board.

33. (1) Subject to the provisions of this Part, the Board may make standing orders with respect to the holding of meetings of the Board, the notices to be given of such meetings, the proceeding at the meetings, the keeping of minutes of such meetings and custody of the production for inspection of such minutes.

(2)     Subject to a standing order made under subsection (1) of this Section, the procedure of the Board with respect to the holding of meetings, shall be such as the Board may determine.

Validity of Proceedings.

34.     The validity of a proceeding of the Board shall not be invalidated by a vacancy in the membership of the Board, a defect in the appointment of a member to the Board, or by reason that a person not entitled to do so took part in the proceedings.

Quorum.

35.     The quorum at a meeting of the Board shall be nine (9) members including the Chairman.

Power to Co-opt.

36.     Where the Board desire to obtain the advice of a person on a matter, the Board may co-opt the person as a member for such period as it thinks fit; provided that a person coopted shall not be entitled to vote at a meeting of the Board and shall not count towards a quorum.

Voting.

37. (1) All questions at a meeting of the Board shall be determined by the majority vote of members of the Board present and voting.

(2)     At a meeting of the Board, each member other than the General Manager shall have a deliberative vote, and if there is equality of votes, the Chairman shall have a second or casting vote.

Cessation of Office of Members of the Board.

38. (1)        A member shall be removed from office, if that member has –

(a)     by reason of infirmity of the mind or body become incapable of discharging the duties of the office;

(b)     been convicted of an offence which involves dishonesty; or

(c)     been involved in any act considered to be inimical to the interest of the Authority or the State.

(2)     The Governor may at any time remove any member from office, if in the Governor’s opinion, it is in the interest of the Authority or of the State for such member to be removed from the Board.

Common Seal of the Authority.

39.     The fixing of the seal of the Authority shall be authenticated by the signatures of the General Manager and the Secretary or any other officer authorised for that purpose.

General Manager of the Authority.

40. (1)        There shall be a General Manager of the Authority who shall –

(a)     be the Chief Operating and Accounting Officer of the Authority;

(b)     be a person with cognate experience in the organisation and administration of road traffic management and transportation safety matters;

(c)     exercise general supervision and control over members of the Authority;

(d)     direct the activities of members of the Authority;

(e)     provide a focal point for traffic management/safety programmes information, execution and funding in the State;

(f)      manage the Authority’s finances; and

(g)     deploy the human and material resources of the Authority in such manner as will best ensure the attainment of the aims and objectives of this Law.

(2)     The terms and conditions of appointment of the General Manager shall be as specified in the letter of appointment.

Secretary of the Authority.

41. (1) There shall be for the Authority a Secretary with at least ten (10) years cognate experience who shall be responsible to the General Manager.

(2)     The Secretary shall also be responsible for the following matters –

(a)     making arrangements for meetings of the Board;

(b)     preparing of the agenda and the minutes of such meetings;

(c)     conveying decisions of the Board to its members; and

(d)     generally performing all other duties affecting the Authority as may be specifically assigned to the Secretary by the General Manager.

Legal Adviser

42. (1) There shall be for the Authority a Legal Adviser with of the Authority. at least fifteen (15) years post call experience.

(2)     The Legal Adviser shall provide legal services to the Authority.

Funds of the Authority.

43.     The funds of the Authority shall consist of –

(a)     such sums or other advances by way of loans or grants to the Authority by the State Government;

(b)     sums that may be advanced by way of loans or grants to the Authority by a Government Agency, Institution, International Organisation, Private Foundation or any person;

(c)     investment or other property acquired by or vested in the Authority; and

(d)     all other sums or property which may in any manner become payable to or vested in the Authority in respect of its powers and duties under this Part.

Closure of Highways.

44. (1) When it appears to the Authority that a highway should be closed temporarily to vehicular traffic, the Authority shall cause to be fixed at each end of such highway a notice to the effect that such highway is closed until the reason for the closure has been dispensed with and the notices are removed by the order of the Authority.

(2)     The Commissioner may by notice published in the State Official Gazette and a national newspaper, close a 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 the Commissioner may think fit.

Control of Long Vehicles.

45. (1) Except as may be prescribed by Regulation, no trailer Trailers and except 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)     A driver who is found contravening the provisions of this Section shall have such vehicle impounded by a duly authorised officer of the Authority and shall be liable on conviction to a Fine of fifty thousand naira (N50,000.00) or a term of imprisonment for six (6) months or both.

Control of Motorcycles and Tricycles.

46. (1) As from the commencement of this Law, no person shall ride, drive or propel a motorcycle or tricycle on a major highway within the State.

(2)     A person who fails to comply with the provisions of this Section commits an offence and is liable on conviction to imprisonment for a term of three (3) years and shall have such motorcycle or tricycle forfeited to the State.

(3)     Where a rider is convicted of an offence under this Section, the passenger shall also be liable to the same penalty, provided the passenger is not a child.

Removal of Abandoned Vehicles from the Highway and Sides of Private Premises.

47. (1) Where a motor vehicle is stationary or abandoned on a highway or street or near private premises, an officer of the Authority may cause the vehicle to be removed to a designated vehicle park if –

(a)    the officer has reasonable grounds for believing that the location of the vehicle is in contravention of the provisions of a Law or Regulation relating to the parking of vehicles;

(b)     the officer has reasonable grounds for believing either that –

(i)      the vehicle is not in a condition in which it can be moved under its own power; or

(ii)     a person authorised to drive the vehicle is not 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 abandoned vehicle to the officer of the Authority or the nearest police station within seventy-two (72) hours after the expiration of the allowed days, the owner or occupier of such premises commits an offence and is liable on conviction to a fine of Twenty-Five Thousand Naira (N25,000.00).

(4)     Where the owner of an abandoned or removed vehicle fails upon notification by the Authority to claim the vehicle for a period of three (3) months, the Ministry shall publish a notice of its intention to dispose of the abandoned or removed vehicle in the State Official Gazette and one national newspaper, at the end of one (1) calendar month from the date of such publication, the Ministry may dispose of the vehicle.

(5)     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 designated vehicle park and shall be liable on conviction to a fine of Fifty Thousand Naira (N50, 000.00) or to a noncustodial sentence.

Disposal of Abandoned, Unclaimed Apprehended Vehicles.

48.     Notwithstanding any provision in this Law, the Ministry shall exercise the power to dispose abandoned or unclaimed or vehicles.

Illegal use of Walkway and Undesignated Bus stops.

49.     It is an offence for commercial buses to pick or drop passengers on the fast lane, walkway or at undesignated bus stops in the State.

Careless and Inconsiderate Driving.

50. (1) A person who drives a vehicle on a highway without due care and attention, or without reasonable consideration for other persons using the highway, commits an offence and is liable on conviction to a fine of Fifty Thousand Naira (N50,000.00) or in the case of a subsequent conviction to a fine of One Hundred Thousand Naira (N100,000.00) or to imprisonment for a term of three (3) months or both.

(2)     Where a person is charged with an offence under subsection (1) of this Section and the court is of the opinion that the offence is not proved, the court may, at any time during the hearing or immediately after, without prejudice to any other power exercisable by the court, direct or allow a charge for an offence under this Part to be proffered against that person.

(3)     The court may proceed with that charge and the person or the person’s counsel shall be informed of the new charge and be given an opportunity to defend the charge.

(4)     If the court considers the person’s defence to be prejudiced because of the new charge that is proffered, the court shall adjourn the hearing.

Reckless or Dangerous Driving.

51. (1) A person who drives a vehicle on a highway recklessly or negligently, or at a speed above the stipulated limit, having regard to all the circumstances of the case including the nature, condition, and use of the highway, and to the volume of traffic at the time, which might reasonably be expected to be on the highway, commits an offence and is liable on conviction to a fine of One Hundred Thousand Naira (N100,000.00) or a term of imprisonment for two (2) years or both.

(2)     If upon the trial of a person for an offence under the provisions of this Section, the court is not satisfied that the person’s driving was the cause of death but is satisfied that the person committed an offence 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.

52.     A person who causes the death of another person by driving a vehicle recklessly, or at a speed above the stipulated limit, having regard to all the circumstances of the case, including the nature, condition and use of the highway, street or other place, and the volume of traffic in the vicinity at the time, or which might reasonably be expected to be in the vicinity, commits an offence and is liable on conviction to imprisonment for a term of seven (7) years.

Driving Vehicle under the Influence of Alcohol or Drug.

53. (1) A person driving or attempting to drive, or when in charge of a vehicle on a highway is under the influence of alcohol or drug to such an extent as to be incapable of having proper control of such vehicle, commits an offence and is liable on conviction to a fine of One Hundred Thousand Naira (N100,000.00) or to a term of imprisonment for one (1) year or both.

(2)     A person convicted of an offence under Sections 51, 52 and 53 shall be disqualified from holding or obtaining a driver’s licence for a period of twelve (12) months from the date of the conviction, unless the court for special reasons deems it fit to order otherwise, and without prejudice to the power of the court to order a longer period of disqualification.

Arrest without Warrant.

54.     An officer of the Authority may arrest without warrant a driver of a vehicle on a highway, who commits an offence under the provisions of this Part.

Seizure of a Driver’s Licence.

55. (1) Notwithstanding any other provision of this Part, if an officer of the Authority believes on reasonable grounds that there may be difficulty in effecting service of a summons, the officer may demand, retain, or seize the driver’s licence of a person who commits or is suspected of having committed an offence.

(2)     Where a driver’s licence is retained under this Part the 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 appropriate office where it may be reclaimed.

(3)     If a summons in respect of an offence under this Part is served on the person whose driver’s licence is withheld, or the person appears in person not later than three (3) days after its retention, the licence may be returned to the person on presentation of a duly signed and dated receipt.

Designated Vehicle Parks and Records of Impounded Vehicles.

56. (1) A vehicle impounded under the provisions of this Law shall be detained in a designated vehicle park.

(2)     The Authority shall –

(a)     provide and maintain at the principal office of the Authority a record containing particulars of each impounded vehicle and its contents and specifying the date it was impounded, and the vehicle park in which it is situated;

(b)     make reasonable arrangement for the safe custody of impounded vehicles while they are in the vehicle parks; and

(c)     keep the record open during normal office hours for inspection, free of charge by members of the public and ensure that an authorised officer is present at all times in each vehicle park.

(3)     The Authority shall not be under any duty to protect impounded vehicles otherwise than as mentioned in paragraph (b) of subsection (2) 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.

Release of Impounded Vehicles.

57. (1) The driver or owner of an impounded vehicle shall after twenty four (24) hours be liable to pay custody fees for every day during which the vehicle is detained: Provided that custody fees may not be payable where the continued detention of the vehicle is not due to the negligent act or failure on the part of the owner or driver.

(2)     An impounded vehicle shall be released to a person entitled to its custody where the person tenders to the officer in charge of the designated vehicle park–

(a)     evidence of entitlement to the vehicle; and

(b)     an official receipt evidencing payment of appropriate charges in respect of the vehicle.

(3)     the request for the release of an impounded vehicle by a person entitled to its custody shall be made within the hours of 8.00am and 6.00pm on any week day other than a public holiday, and at any other time with the written consent of the Authority.

Notification Ticket & Prosecution.

58. (1) Any fine prescribed under the provisions of this Part shall be paid either on the spot where it is imposed by a Mobile Court or within forty–eight (48) hours upon issuance of a notification ticket by an authorised officer on highway patrol. The offender in both instances shall obtain an official ticket showing the offence committed and the amount of fine to be paid.

(2)     The vehicle of a person who commits an offence shall be detained in the designated vehicle park until the said fine is paid.

(3)     On the default of such an offender to pay the fine within the stipulated period, a charge shall be proffered against the offender in the Magistrate Court or Mobile Court.

Ranks of Members of the Authority.

59. (1) Officers of the Authority shall bear such ranks and designations as may be assigned to them within the following grades, that is –

(a)     Chairman/Chief Executive Officer;

(b)     General Manager/Chief Operating Officer;

(c)     Deputy General Manager;

(d)     Assistant General Manager;

(e)     Chief Road Traffic Officer;

(f)      Assistant Chief Road Traffic Officer;

(g)     Principal Road Traffic Officer;

(h)     Senior Road Traffic Officer;

(i)      Road Traffic Officer I;

(j)      Road Traffic Officer II;

(k)     Trainee Traffic Officer;

(l)      Chief Traffic Assistant;

(m)    Assistant Chief Traffic Assistant;

(n)     Principal Traffic Assistant I;

(o)     Principal Traffic Assistant II;

(p)     Senior Traffic Assistant;

(q)     Higher Traffic Assistant;

(r)      Traffic Assistant I;

(s)     Traffic Assistant II;

(t)      Chief Patrolman;

(u)     Assistant Chief Patrolman;

(v)     Senior Patrolman;

(w)    Patrolman; and

(x)     Assistant Patrolman.

(2)     The entry qualification for the appointment of officers shall be in accordance with the rules made by the Authority for that purpose but will not be less than –

(a)     a minimum entry qualification of Senior Secondary School Certificate or equivalent; and

(b)     Certificate of medical fitness from a Government hospital.

(3)     Uniformed officers of the Authority in addition to the conditions prescribed in subsection (2) of this Section shall also be required to be –

(a)     physically fit;

(b)     of minimum height 1.67 meters (5ft6in) for the male officers; and

(c)     of minimum height 1.62 meters (5ft4in) for the female officers.

Establishment of Traffic Corps.

60. (1) There is established for the Authority a non Uniform volunteer Traffic Corps comprising persons appointed and known as Special Traffic Mayors.

(2)     A Traffic Mayor shall either alone or in conjunction with personnel of the Authority have all powers to perform all functions conferred on an officer of the Authority as contained in this Part.

Declaration of

61. (1) A person shall, before appointment as an officer of Interest. the Authority, be required to declare the person’s interest, if any, in any transport or other business –

(a)     undertaking transportation of passengers or goods;

(b)     engaged in the repairs and maintenance of vehicles; and

(c)     manufacturing or selling equipment used by the Authority.

(2)     An officer of the Authority who acquires a financial interest in a business involved in subsection (1) of this Section shall within one (1) month of such acquisition give notice of the acquisition in writing to the Authority specifying the interests acquired and the Authority may, after taking into consideration all the circumstances of the case, decide whether to –

(a)     retain the person as an officer of the Authority;

(b)     remove the person from such employment; or

(c)     attach any condition to the person’s employment.

Provision of Materials.

62.     The Authority shall provide for officers, such equipment as Equipment and the Authority may consider necessary for the effective and efficient discharge of the functions conferred under this Law; including the provision of uniforms, identification cards, retro-reflective jackets, rain coats, high-powered motorcycles, patrol vehicles, ambulances, recovery vehicles, two way mobile radios, telephone sets, computers, rescue tools and powerful torches.

Jurisdiction and Operational Zones.

63. (1)        The Authority shall operate in the entire State.

(2)     For the administration of this Part, the Authority shall create operational zones in the State, each of which shall be under the control of an officer appointed by the Authority.

(3)     The Authority may deploy to each operational zone such Cadres of Traffic Control Officers as it may deem sufficient for enforcing the provisions of this Law.

Service by Officers.

64. (1)        Service by officers of the Authority shall be deemed as service in the Public Service of the State.

(2)     The Chief Executive Officer may require a person employed as an officer of the Authority to undergo such course of training related to the functions of the Authority and at such Institutions or Organisations, as the Chief Executive Officer may deem fit.

Allocation of Service Numbers.

65. (1) Every officer of the Authority shall be allocated a service number, which shall be prefixed against the officer’s name in the register of officers to be kept by the Authority.

(2)     The service number shall be the identification number of the officer and shall be affixed in the case of a uniformed officer, above the breast pocket of the shirt or such other conspicuous part of the uniform as the Authority may decide.

(3)     Uniformed officers of the Authority shall be in uniform whenever on duty.

Penalties for Neglect of Traffic Directions.

66.     Where an officer of the Authority is engaged in the regulation of traffic on a highway, or where a traffic sign being a sign for regulating the movement of traffic or indicating the route to be followed by vehicle has been lawfully placed on or near a highway in accordance with the provisions of this Part, any person driving or propelling any vehicle, who –

(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 an officer on duty; or

(b)     drives against oncoming traffic or fails to conform to the direction or indication given by the traffic sign, commits an offence, and is liable on conviction to –

(i)      a term of imprisonment for one (1) year and forfeiture of the vehicle to the State for a 1st time offender; and

(ii)     a term of imprisonment for three (3) years and forfeiture of the vehicle to the State for a subsequent offender.

Offences Relating to Bus Rapid Transit, Sirens etc.

67.     A person who –

(a)     drives or causes the person’s 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 a 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

commits an offence.

Offences and Penalties.

68.     A person reasonably suspected of having committed an offence listed in the second column of the Schedule to this Part is liable on conviction to the penalty prescribed in the penalty column or such additional penalty as may be stipulated under this Part.

Procedure in Respect of Suits Authority.

69. (1) A suit against an employee of the Authority for an act done under or in execution of a Law, or of any public duty against the or authority shall not lie or be instituted in any court unless it is commenced within twelve (12) months after the act, neglect or default complained of or in case of continuance of damage or injury within twelve (12) months after.

(2)     A suit may not commence against an employee of the Authority in respect of an act purported to be done or neglect of duty under this Part, before the expiration of a period of one (1) month during which written notice of intention to commence the suit must be served on the Authority by the intending claimant or the agent and the notice must clearly and explicitly state the –

(i)      cause of the action;

(ii)     particulars of claim;

(iii)    name and place of abode of the intending claimant; and

(iv)    relief claimed.

(3)     In an action or suit against the Authority, no execution or attachment or process of that nature shall be issued against any property of the Authority, but any sum of money which may be the judgment of the court awarded against the Authority shall subject to a direction given by the court in respect of that judgment, be paid from the general funds of the Authority.

Details of Offenders.

70.     For the purposes of this Part, the data and biometrics of all offenders shall be captured and kept in the Authority’s database.

Bank Accounts.

71.     The Authority shall operate accounts with a reputable bank(s) in the State and the form of accounts shall be such as to secure the provision of separate information in respect of each of the main activities and departments of the Authority.

Audit.

72.     The accounts shall be audited annually by external Auditors appointed from a list of approved Auditors provided by the Auditor-General of the State.

Annual Report.

73. (1) The Authority shall within six (6) months after the end of each financial year, furnish the Governor with –

(a)     a copy of the audited accounts of the Authority;

(b)     a copy of the general report and full report of the external Auditor; and

(c)     a detailed report of the state of affairs of the Authority for the financial year, including a statement of the change in the general reserve fund arising from the activities of the Authority during the year reported upon.

(2)     The Authority shall cause the audited account and the annual report of the Authority to be published in the State Government Official Gazette and make it available, on demand, to the public.

Power to make Regulations.

74.     The Authority may, subject to the approval of the Commissioner, make regulations in accordance with the Regulations Approval Law 2015 for carrying into effect the provisions of this Part.

SCHEDULE

Traffic Offences and Penalties

  Offence Point Time Additional
1. Violation of routes by commercial vehicles 2 1st offender: N20,000.00 subsequent offender: N30,000.00 Impound vehicle in addition to counselling and enlightenment by LASDRI.
2. Non-display of route and route 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 in addition to LASDRI training.
4. Parking on yellow line on a public highway/illegal parking. 4 1st offender: N20,000.00 subsequent offender :N30,000.00 Impound vehicle in addition to LASDRI training.
5. Neglect of traffic directions. 2 Forfeiture of the vehicle to the State Six (6) months imprisonment/one (1) community service.
6. Vehicle crossing double yellow line/centre line. 4 1st offender: N20,000.00 subsequent offender: N30,000.00 Impound vehicle in addition to more training at LASDRI.
7. Staying within the yellow junction box (offside rule). 3 1st offender: N20,000.00 subsequent offender: N30,000.00 Impound vehicle in addition to LASDRI training.
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 Impound vehicle in addition to LASDRI training.
9. Failure to give way to traffic on the left at a roundabout. 2 1st offender: N20,000.00 subsequent offender: N30,000.00 Impound vehicle in addition to LASDRI training.
10. Smoking/drinking alcohol while driving. 2 1st offender: N20,000.00 subsequent offender: N30,000.00 Three (3) months imprisonment or six (6) months community service.
11. Riding motorcycle without crash helmet for rider. 1 1st offender: N20,000.00 subsequent offender: N30,000.00 Three (3) months imprisonment or six (6) months community service.
12. Riding a motorcycle without a rider’s permit. 2 1st offender: N20,000.00 subsequent offender: N30,000.00 Impound motorcycle and collect permit before release.
13. Riding a motorcycle: (i)      against traffic; (ii)     on the kerb, median or road setbacks. 2 1st offender: N50,000.00 subsequent offender: N100,000.00 Three (3) months imprisonment/six (6) community service.
14. Conveying more than one passenger at any given time both rider and passenger. 2 1st offender: N50,000.00 subsequent offender: N100,000.00 Imprisonment for a term of three (3) months or both fine and imprisonment, six (6) community service.
15. Instalment of musical gadget on a motorcycle. 2 1st offender: N20,000.00 subsequent offender: N30,000.00 Forfeiture of the gadget, counselling/ Enlightenment.
16. Alteration of manufacturer’s specification on motorcycle (e.g. Handlebar/leg). 2 N20,000.00 In addition revert back to manufacturer’s specification
17. Motorcyclist resisting arrest.   1st offender: N20,000.00 subsequent offender: N30,000.00 Additional LASDRI Training before release.
18. Driving motor vehicle/motorcycle without side mirrors, indicators, break lights or rear lights. 2 1st offender: N20,000.00 subsequent offender: N30,000.00 Install/fix before release plus counselling and enlightenment at LASDRI.
19. Wrongful overtaking of other vehicle.   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 riding a motorcycle.   1st offender: N20,000.00 subsequent offender: N30,000.00 Dislodge rider And impound motorcycle.
21. Motorcycle operating using horn designed for motor vehicles. 1 1st offender: N20,000.00 subsequent offender: N30,000.00 Remove horn and install normal specification.
22. Operating a motorcycle below 200cc engine capacity. 3   Impound motorcycle.
23. Exceeding prescribed speed limit. 2 N100,000.00 Imprisonment for a term of two (2) year, or both fine and imprisonment.
24. Tailgating an emergency vehicle. 3 1st offender: N20,000.00 subsequent offender: N30,000.00 Imprisonment for a term of three (3) months, or both fine and imprisonment.
25. Failure of slow moving vehicle to keep to the right lane. 2 1st offender: N20,000.00 subsequent offender: N30,000.00 Impound vehicle plus LADRI Training.
26. Assault on a traffic officer (physical). 3 N100,000.00 or six (6) months imprisonment. Pay compensation to assaulted officer.
27. Driving in a direction prohibited by the Law/Neglect of Traffic Directions. 4 Forfeiture of vehicle to the State. 1st offence – one (1) year imprisonment and forfeiture of the vehicle to the State; 2nd and subsequent offence – three (3) years imprisonment and forfeiture of the vehicle to the State and capturing of data and biometrics.
28. Illegal U-turns. 3 1st offender: N20,000.00 subsequent offender: N30,000.00 In addition Driver training at LASDRI.
29. Wrongful overtaking of other vehicle. 2 1st offender N50,000 subsequent offender: N100,000.00 Imprisonment for a term of three (3) months, or both fine and imprisonment or six (6) months community service.
30. Over loading of a commercial vehicle on the highway. 4 N50,000.00 Imprisonment for a term of three (3) months or six (6) months community service.
31. Driving on the walkway or kerbs. 4 N50,000.00 Impound vehicle plus three (3) months imprisonment.
32. Parking on the walkway or kerbs 3 N20,000.00 Impound vehicle plus three (3) months imprisonment.
33. Parking or stopping to pick passengers by a commercial vehicle on the highway-both Driver and Passenger. 3 N50,000.00 Driver training at LASDRI or three (3) months imprisonment.  
34. Bullion van driving in a direction prohibited by Law. 5 Forfeiture of vehicle. Imprisonment for a term of three (3) years or payment of a fine of Five Hundred Thousand Naira (N500,000.00)
35. Abandoned vehicle on highway. 2 N50,000.00 plus cost of towing. Imprisonment for a term of three (3) months.
36. Vehicle causing obstruction on highway if broken down. 3 Commercial – N50,000.00 in addition to cost of towing Private – N25,000.00 in addition to 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 impound vehicle.
38. Driving vehicle with doors left open. 2 1st offender: N20,000.00 subsequent offender: N30,000.00 One (1) month community service in addition to fine.
39. Making or receiving phone calls when driving without hands free. 2 1st offender: N20,000.00 subsequent offender: N30,000.00 Three (3) months community service.
40. Texting/Reading text messages while driving. 2 1st offender: N20,000.00 subsequent offender: N30,000.00 Six (6) months community service.
41. Counting money, or otherwise engage in other activities when driving. 2 1st offender: N20,000.00 subsequent offender: N30,000.00 Three (3) months month community service.
42. Driving without a strapped seat belt for both passengers. 2 1st offender: N20,000.00 subsequent offender: N30,000.00 Impound vehicle/strap on seat belt.
43. Failure to display reflective warning sign at point of break down. 3 1st offender: N20,000.00 subsequent offender: N30,000.00 Procure standardised Reflective sign before vehicle release.
44. Motorist resisting arrest. 2 1st offender: N20,000.00 subsequent offender: N30,000.00 Impound vehicle in addition to LASDRI training.
45. Use of BRT Lite corridor. 3 1st offender: N20,000.00 subsequent offender: N30,000.00 Imprisonment for a term of six (6) months/one (1) year community service in addition to LASDRI training.
46. Wilful obstruction on highway. 2 N50,000.00 in addition to cost of towing Imprisonment for a term of three (3) months, or both fine and imprisonment.
47. Storage charge for impounded cars, jeep and mini- buses per day.   N1,000.00  
48. Storage charge for impounded motorcycles and three wheelers per day.   N500.00  
49. Storage charge for all other impounded vehicles (six wheelers and above) per day.   N2,000.00  
50. Towing impounded cars, jeeps and mini-buses.   N10,000.00  
51. Towing other commercial vehicles excluding trailers (mini – buses).   N10,000.00  
52. Towing a trailer or tanker (empty).   N50,000.00  
53. Towing a trailer or tanker (loaded).   N100,000.00  
54. Towing tippers and lorries (loaded).   N50,000.00  
55. Towing luxurious buses.   N50,000.00  
56. Towing an overnight breakdown (trailer).   N100,000.00  
57. Towing tricycles.   N2,000.00  
58. Towing motorcycles.   N500.00  
59. Hire of heavy duty recovery equipment (towing/recovery fees).   At hirer’s cost.  
60. Failure to pay penalty within prescribed time.   Double the initial penalty.  
61. Operating vehicle within restricted routes or beyond approved hour. 3 N50,000.00/impound vehicle. Optional- Six (6) months imprisonment/ one (1) year community service.
62. Not painting a commercial vehicle in approved colours. 4 N25,000.00 Impound Vehicle and enforce painting before release.
63. Driving under the influence of alcohol/drugs. 3 N100,000.00 One (1) year imprisonment.
64. Disobeying traffic light. 2 N10,000.00 Optional-three (3) months imprisonment/six (6) month community service.

2.       In addition to the penalties prescribed above, the Authority may direct the driver/rider to attend the Lagos State Drivers’ Institute for training and re-orientation.

PART IV – LAGOS STATE PARKING AUTHORITY

Interpretation.

75.     In this Part unless the context otherwise requires –

“Agent” means a representative each of the recognised transport associations and unions;

“Authority” means the Lagos State Parking Authority;

“Commissioner” means the Commissioner for Transportation or a member of the State Executive Council charged with the responsibility for the management of the transport sector in the State;

“Governor” means the Governor of Lagos State;

“House” means Lagos State House of Assembly;

“Local Government Area” includes Local Council Development Area;

“Park” includes on/off street parking spaces, multi-level car parks, motor parks and garages; and

“State” means Lagos State of Nigeria.

Establishment of the Lagos State Parking Authority.

76. (1)        There is established the Lagos State Parking Authority (referred to in this Part as “the Authority”).

(2)     The Authority shall –

(a)     be a body corporate with perpetual succession and a common seal;

(b)     have power to sue and be sued in its corporate name; and

(c)     be capable of purchasing, acquiring, holding and disposing of movable or immovable property for the purpose of carrying out its functions under this Part.

Powers of the Authority.

77.     For the purpose of performing and discharging its functions, the Authority shall have powers to –

(a)     control and manage all motor parks in collaboration with Local Government Areas in the State;

(b)     enter into agreement for the provision, maintenance and management of parking spaces /facilities provided by or vested in the Authority under this Part or any Law subject to the approval of the Governor;

(c)     undertake or sponsor the undertaking of research as may be necessary for the performance of its functions;

(d)     sanction any park agent or operator for noncompliance with the provisions of this Part or relevant guidelines;

(e)     appoint, promote and discipline staff of the Authority;

(f)      invest its funds and maintain a general financial reserve on the recommendation of the Accountant-General subject to the approval of the House;

(g)     make recommendations to the Governor regarding the terms and conditions of employment and remuneration of staff of the Authority;

(h)     register existing private park operators in the State; and

(i)      do other acts as may be necessary for the purpose of carrying out its functions under this Part.

Functions of the Authority

78.     The functions of the Authority shall be to –

(a)     develop truck parks, bus parks, garages, multi-level parking, on and off-street parking spaces throughout the State;

(b)     implement the policy and directives of the State Government on parking;

(c)     take necessary steps to prevent indiscriminate or illegal parking of vehicles in collaboration with the relevant Government Agencies;

(d)     provide, operate and maintain parking meters for the purposes of this Part;

(e)     provide and maintain proper records containing particulars of each impounded vehicle, and the designated vehicle park in which it is kept;

(f)      issue permit for development of private parking facilities;

(g)     register members of recognised transport union or associations as may be recommended by the union as agents under this Part;

(h)     provide private park operators with tickets to be used at the Parks.;

(i)      regulate the activities of private park operators by issuing appropriate guidelines which shall include provision of approved kitting for the park agents.

(j)      charge fees on private commercial parks;

(k)     charge and collect fees on parking lots, or any facility provided by it; and

(l)      review the parking fees charged by the Authority.

Delegated Authority.

79.     For the purpose of this Part, each Local Government Area may delegate to the State by a written agreement, its function with respect to parking activities.

Establishment and Composition of the Advisory Board of the Authority.

80. (1) There is established for the Authority the Lagos State Parking Authority Advisory Board. (referred to in this Part as “the Board”).

(2)     The Board shall consist of –

(a)     a Chairman;

(b)     three (3) members appointed from the three (3) Senatorial Districts of the State;

(c)     three (3) Local Government Chairmen, one (1) to be appointed from each of the three (3) Senatorial Districts of the State;

(d)     the General Manager of the Authority;

(e)     a representative of the Ministry of Transportation not below grade level 15; and

(f)      a representative of the Ministry of Local Government and Community Affairs not below grade level 15.

(3)     The Chairman and other members of the Board except the ex-officio members shall be appointed by the Governor subject to confirmation of the House.

Tenure of Office of Members of the Board.

81.     The Chairman and other members of the Board except the General Manager shall hold office on part-time basis for a term of four (4) years and may be eligible for re-appointment for a further term of four (4) years only.

Remuneration and Allowances.

82.     The Chairman and members of the Board except the ex officio members shall be paid such remuneration and allowances as the Governor may approve.

Meetings of the Board.

83. (1)        The Board shall meet at least once in a quarter but not less than five (5) times in a year.

(2)     The Chairman shall preside at every meeting of the Board and in the Chairman’s absence, one of the members present shall be appointed to preside.

Proceedings of the Board.

84.     The Board may make standing orders regulating its proceedings.

Validity of Proceedings.

85.     The validity of proceedings of the Board shall not be affected by-

(a)     a vacancy in its meetings;

(b)     a defect in the appointment of a member; or

(c)     reason of the fact that a person not entitled to take part in the proceeding did so.

Quorum.

86.     The quorum of the Board shall be six (6) members.

Power to Co-opt.

87.     Where the Board desires to obtain the advice of a person in respect of its deliberation at any meeting, the Board may coopt such person to be a member and the person so co-opted, shall not be entitled to vote on any question or count towards a quorum.

Disclosure of Interest.

88.     A member of the Board who has a personal interest in a contract or transaction entered into or proposed to be considered by the Board must immediately declare such interest to the Board and shall not vote on any deliberation relating to the contract or transaction.

Voting.

89. (1) All questions at a meeting of the Board shall be determined by the majority of votes of the members present and voting.

(2)     At a meeting of the Board each member other than the General Manager shall have a deliberative vote, and if there is equality of votes, the Chairman shall have a second and casting vote.

Cessation of Office of Members of the Board.

90. (1)        A member of the Board shall cease to hold office if the member –

(a)     becomes of unsound mind or incapable of carrying out the duties of the Board;

(b)     has been convicted of a felony or any offence involving dishonesty;

(c)     is an undischarged bankrupt or is in obvious financial distress; or

(d)     is guilty of gross misconduct in relation to the duties of the office.

(2)     A member of the Board may resign by giving a notice in writing addressed to the Governor and the membership shall cease on the date of resignation.

(3)     A member of the Board may also cease to hold office if in the opinion of the Governor, the member is no longer fit to hold the position or perform the duties of the office under this Law or it is in the interest of the public to do so

Common Seal of the Authority.

91.     The common seal of the Authority shall be authenticated by the signatures of the General Manager and the Secretary or other person(s) authorised by the Board to act for that purpose.

General Manager of the Authority.

92. (1) There shall be a General Manager for the Authority who shall be appointed by the Governor, subject to confirmation of the House.

(2)     The General Manager shall be the Chief Executive and Accounting Officer of the Authority and shall be responsible for the –

(a)     general administration of the Authority; and

(b)     execution of policies as approved by the Board.

(3)     The terms and conditions of appointment of the General Manager shall be as specified in the letter of appointment.

Secretary of the Authority.

93. (1) There shall be a Secretary for the Authority with at least fifteen (15) years cognate experience who shall be responsible to the General Manager.

(2)     The Secretary shall also be responsible for the following matters –

(a)     making arrangements for meetings of the Board;

(b)     preparing of the agenda and the minutes of such meetings;

(c)     conveying decisions of the Board to its members; and

(d)     generally performing all other duties affecting the Authority as may be specifically assigned to the Secretary by the General Manager.

Legal Adviser of the Authority.

94. (1)        There shall be for the Authority a Legal Adviser with at least fifteen (15) years post call experience.

(2)     The Legal Adviser shall provide legal services to the Authority.

Staff of the Authority.

95. (1)        The Authority may employ members of staff as it considers necessary and approve the conditions of service.

(2)     Where the Authority deems it expedient that any vacancy in the Authority be filled by a person holding office in the Public Service of the State, it shall inform the appropriate Service Commission to that effect and cause such vacancy to be filled by way of secondment or transfer.

Funds of the Authority.

96. (1)        The Fund of the Authority shall consist of –

(a)     such moneys as may be granted in each financial year to the Authority by the State Government; and

(b)     all revenue and moneys as may be received by the Authority in the course of its operations or in relation to the exercise of any of its powers, net of agreed commission to park operators shall be paid into a dedicated account which shall be disbursed on the approval of the Governor through the Commissioner as follows –

(i)      40% to the Authority for all expenses incurred by the Authority;

(ii)     20% to the Local Governments; and

(iii)    40% to be paid into the Consolidated Revenue Fund.

(2)     The Commissioner shall not later than ten (10) days after the beginning of each month pay the amount due to each Local Government Area in the State.

Prohibition of Printing, Issuance and Sale of Tickets.

97.     A person who –

(a)     prints, issues or sells tickets to the park operators or agents without the consent of the Authority;

(b)     obstructs any servant or agent of the Authority in the discharge of its functions under this Part;

(c)     operates a private park without obtaining a permit from the Authority, commits an offence and is liable on summary conviction to a fine of not less than Two Hundred and Fifty Thousand Naira (N250,000.00) or to a term of imprisonment for two (2) years or both.

Bank Account.

98. (1) The Authority shall in relation to proceeds payable to it, operate an account with a bank in the State and the signatories to the account shall be in accordance with the financial guidelines which operates in the State.

(2)     The Authority shall keep proper account of all its transactions in such forms as it may direct, being in a form that conforms with the best accounting standard and practice in the State.

Accounts and Audit.

99.     The Authority shall cause proper accounts and records of accounts of the Authority to be kept in respect of each year and cause the accounts to be audited by auditors appointed from the list of Auditors approved by the Auditor-General of the State not later than six (6) months after the end of each financial year.

Annual Report.

100.   The Authority shall not later than the 30th day of June in each financial year, submit to the Governor through the Commissioner a report of its activities during the preceding financial year which shall include a copy of the audited accounts of the Authority for that year and the Auditors’ report.

Power to make

101.   The Authority may, subject to the approval of the Regulations. Commissioner, make regulations generally in accordance with the provisions of the Regulations Approval Law, for carrying into effect the purposes of this Part and in particular for –

(a)     prescribing the fees to be paid for using parking meters;

(b)     designating streets where parking meters are to be installed;

(c)     specifying appropriate facilities and equipment to be provided in parking spaces;

(d)     specifying the streets on which parking of vehicles is not allowed; and

(e)     declare and publish areas or streets designated as no parking zones.

PART V – LAGOS METROPOLITAN AREA TRANSPORT AUTHORITY

Interpretation.

102.   In this Part, unless the context otherwise requires—

‘‘Agency’’ means the Motor Vehicle Administration Agency;

‘‘Articulated Vehicle’’ means a vehicle so constructed that it can be divided into parts both of which are vehicles and one of which is a motor vehicle and shall (when not so divided) be treated for the purposes of this Part as that motor vehicle with the other part attached as trailer;

‘‘Authority’’ means the Lagos State Metropolitan Area Transport Authority;

“Commissioner” means the Commissioner for Transportation or a member of the State Executive Council charged with the responsibility for the management of the transport sector in the State;

‘‘Declared Road’’ means roads brought under the Authority pursuant to this Law, Bye-Laws or agreement, it also includes those contained in this Part;

‘‘Governor’’ means the Governor of Lagos State;

‘‘Hackney’’ means any motor vehicle designed by official paintings or sticker approved by the Authority or constructed to carry not more than seven (7) persons, used or intended to be used for carrying passengers for hire or reward under a contract expressed or implied for use of the vehicle as a whole or for a fixed or agreed rate or sum;

“House” means Lagos State House of Assembly;

“Local Government Area” includes Local Council Development Area.

‘‘Member’’ means members of the Governing Board established under Section 106 of this Law and it includes the Chairman of the Authority;        

“Public Transport” means buses, trains and other forms of transport excluding water transportation that are available to the public;

‘‘Route’’ means the sequence of streets and roads followed by a bus service while travelling from its origin terminus to its destination terminus, and vice versa;

‘‘Scheduled Bus Service’’ means a service of buses with a capacity of at least thirty-five (35) passengers operating on a fixed route to a pre-determined timetable;

‘‘Stage Carriage’’ means any motor vehicle, with official paintings or sticker approved by the Agency, 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 (8) persons, the passengers paying separate or distinct fares for their respective destinations, and shall be deemed to include the expression ‘‘omnibus’’;

‘‘State’’ means Lagos State of Nigeria;

‘‘Sticker’’ means a gummed label or poster having the name of the Agency on it.

Establishment of the Lagos Metropolitan Area Transport Authority.

103. (1)      There is established the Lagos Metropolitan Area Transport Authority (referred to in this Part as ‘‘the Authority’’).

(2)     The Authority shall –

(a)     be a body corporate with perpetual succession and a common seal;

(b)     have power to sue and be sued in its corporate name; and

(c)     be capable of purchasing, acquiring, holding and disposing of movable or immovable properties for the purpose of carrying out its functions under this Part.

Powers of the Authority.

104. (1)      The Authority shall –

(a)     prepare plans for the management and development of public transportation system in metropolitan Lagos;

(b)     keep its corporate and investment plan under review and update it annually within a five-year

(5)     rolling plan cycle;

(c)     construct, re-construct, maintain and manage public transport infrastructure including gateway terminals and facilities necessary for the discharge of its functions under this Part in collaboration with the Ministries of Works and Infrastructure and Transportation;

 (d)    develop the freight master plan, construct necessary infrastructure and regulate freight operations;

(e)     prepare plans, implement and operate the Lagos Rail Mass Transit in collaboration with the Ministry of Transportation;

(f)      be responsible for granting concessions of the Lagos Rail Mass Transit, in accordance with the Public Private Partnership Law, Ch. P18, Laws of Lagos State 2015;

(g)     protect, maintain and improve all existing public transport in collaboration with the Ministry of Works and Infrastructure;

(h)     carry out any public transport works in any designated place subject to the provisions of relevant Laws;

(i)      levy user charges in connection with the provision of its services and in collaboration with Motor Vehicle Administration Agency collect same or any other tariffs, fees, as may be authorised by the Governor;

(j)      prepare and review terms and conditions of service for its employees;

(k)     enter into agreement with any person for the supply, construction, manufacture, maintenance or repair of any property whether movable or immovable, which is necessary or appropriate for the purpose of the Authority;

(l)      facilitate the deployment of Intelligent Transport System (ITS) in the operation of public transportation in the Metropolis;

(m)    provide facilities for training, education and research for advancing the skills of persons employed by the Authority or the efficiency of the equipment of the Authority or the manner in which the equipment is operated;

(n)     accept or acquire and hold any security of any kind in any form;

(o)     establish companies as Special Purpose Vehicles for purposes of carrying out its functions and powers under this Part subject to the approval of the House;

(p)     surrender, transfer or re-convey any security held by the Authority whether upon exchange for other security or upon discharge;

(q)     in relation to any security held by the Authority, exercise any power, right or privilege that a private individual is capable of exercising in like circumstances;

(r)      make, draw, accept, or endorse, negotiable instruments;

(s)     on the recommendation of the Accountant-General subject to the approval of the House, invest sums standing to its credit and not for the time being required, in stocks, shares, debentures or other securities and sell such stocks, debentures or other securities;

(t)      enter into any relationship, agreement or partnership with any other body whether Governmental or otherwise for the purpose of providing transportation service, equipment and infrastructure by rail and to make regulations for carrying out such obligations as it may be necessary and subject to such agreement with such other body subject to the Public Private Partnership Law; and

(u)     insure its properties against all forms of risk.

Functions of the Authority.

105.   The Authority shall –

(a)     implement the transport policies, programmes and plans as may be approved by the State in collaboration with the Ministry;

(b)     plan and regulate the safety of rail infrastructure and public transportation within metropolitan Lagos;

(c)     ensure the physical traffic serviceability of declared roads in the metropolis;

(d)     make recommendations for the classification of a road or portion of same as a declared road;

(e)     plan and regulate the provision of effective transport supporting infrastructure within metropolitan Lagos;

(f)      conduct research for the purposes of carrying out its functions;

(g)     make recommendations on transport policy to the Governor; and

(h)     carry out functions in conjunction with any other Agency as may be required for the implementation of this Part.

Establishment and Composition of the Governing Board.

106. (1)      There is established a Governing Board to be known as the Lagos Metropolitan Area Transport Authority Governing Board (referred to in this Part as ‘‘the Board’’).

(2)     The Board shall consist of –

(a)     a Chairman;

(b)     two (2) transport operators from the private sector;

(c)     one (1) representative each of the following Ministries not below Grade Level 15;

(i)      Transportation;

(ii)     Finance;

(iii)    Economic Planning & Budget; and

(iv)    Works and Infrastructure.

(d)     one (1) member representing all the Local Government Areas in the State;

(e)     two (2) members of the public who have proven ability and experience in the field related to the functions of the Authority and capable of making valuable contributions to the operations of the Authority; and

(f)      the Managing Director.

(3)     The Chairman and other members of the Board except the ex-officio members who shall be persons of proven integrity and ability and shall be appointed by the Governor on the recommendation of the Commissioner subject to the confirmation of the House.

Tenure of Office of Members of the Board.

107.   The members of the Board except the Managing Director and the ex-officio members shall hold office on part-time basis for a period of four (4) years and may be re-appointed for one (1) further term of four (4) years only.

Remuneration and Allowances.

108.   There shall be paid to the members of the Board such remuneration and allowances as the Governor may determine.

Cessation of Office of Members of the Board

109. (1)      A member may –

(a)     be removed from office by the Governor for inability to discharge the functions of the office, as a result of infirmity of the body or mind or for any act of misconduct; or

(b)     resign by giving a month’s notice in writing, addressed to the Governor and that member shall cease to be a member on the date of acceptance of the resignation by the Governor.

(2)     A member may also be removed from office if that member has –

(i)      been adjudged or otherwise declared insolvent or bankrupt and has not been rehabilitated or discharged;

(ii)     made an assignment, arrangement or composition with creditors which has not been rescinded or set aside;

(iii)    been adjudged, by a court of competent jurisdiction, to be of unsound mind;

(iv)    been banned from professional practice; or

(v)     been convicted of an offence and sentenced to a term of imprisonment imposed with or without the option of a fine, whether or not any portion of the term has been suspended.

(3)     The Governor may at any time remove any member from office, if in the Governor’s opinion, it is in the interest of the public for such member to be removed from the Board.

Meetings of the Board.

110. (1)      The Board shall meet at least once in a quarter but shall not be less than five (5) times in a year

(2)     The Chairman shall preside at every meeting of the Board and in the Chairman’s absence, one of themembers shall be appointed to preside.

Proceedings of the Board.

111.   The Board may make standing orders regulating its proceedings at any meeting of the Board.

Validity of Proceedings.

112.   The validity of any proceeding of the Board shall not be affected by any vacancy in the membership of the Board or any defect in the appointment of a member to the Board, or by reason that a person not entitled to do so took part in the proceedings.

Quorum.

113.   The quorum for any meeting of the Board shall be six (6) members including the Chairman.

Disclosure of Interest by Members of the Board.

114. (1) A member of the Board who is directly or indirectly interested in a transaction or project of the Authority shall disclose the nature of the interest at a meeting of the Board and such disclosure shall be recorded in the minutes book of the Authority.

(2)     Notice of disclosure of interest in relation to a transaction or project given by a member at a meeting of the Board shall be sufficient disclosure of that interest however, such member shall not take part in any deliberation or decision of the Board with respect to that transaction or project.

(3)     A member of the Board may not attend a meeting of the Board in person in order to make a disclosure which is required to be made under this Section if the member takes reasonable steps to ensure that the disclosure is made by a notice which is brought up and read at the meeting.

Voting.

115. (1) All questions at a meeting of the Board shall be determined by the majority of votes of the members of the Board present and voting.

(2)     At any meeting of the Board each member other than the Managing Director shall have a deliberative vote, and if there is equality of votes, the Chairman, shall have a second or casting vote.

Filling of Vacancy.

116.   On the death or vacation of office of the Chairman or any member of the Board, the Governor shall nominate a candidate to fill that vacancy and shall submit that nomination to the House of Assembly for confirmation.

Power to Co-opt.

117.   Where the Board desires to obtain the advice of any person upon any matter, the Board may co-opt such person to be a member for the meeting(s) and the person shall not be entitled to vote on any question or count towards a quorum.

Common Seal of the Authority.

118. (1) The Common Seal of the Authority shall be determined by the Board, and the affixing of the common seal shall be authenticated by the signatures of the Managing Director and the Secretary or any other officer authorised by the Board to act for that purpose.

(2)     A document duly executed under the common seal of the Authority shall be admissible in Court and shall unless the contrary is proved, be deemed to be so executed.

The Managing Director of the Authority.

119. (1) There shall be an officer of the Authority to be known as the Managing Director who shall be appointed by the Governor, subject to the confirmation of the House.

(2)     The Managing Director shall be an Engineer or a Transport Planner and shall have the responsibility for the implementation of the decisions of the Board and the general administration of the Authority.

(3)     The terms and conditions of appointment of the Managing Director shall be as specified in the letter of appointment.

Legal Adviser.

120. (1) There shall be for the Authority a Legal Adviser with of the Authority at least fifteen (15) years post call experience.

(2)     The Legal Adviser shall provide legal services to the Authority.

Secretary of the Authority.

121. (1) There shall be a Secretary for the Authority with at least fifteen (15) years cognate experience who shall be responsible to the Managing Director.

(2)     The Secretary shall also be responsible for the following matters –

(a)     making arrangements for meetings of the Board;

(b)     preparation of the agenda and the minutes of such meetings;

(c)     conveying decisions of the Board to its members; and

(d)     generally performing all other duties affecting the Authority as may be specifically assigned to the Secretary by the Managing Director.

Officers of the Authority.

122.   The Authority may engage such other officers as may be deemed necessary for the due and proper execution of its functions under this Part.

Establishment of the Transport Trust Fund.

123. (1) There is established a Transport Trust Fund (referred to in this Part as ‘‘the Fund’’) to be managed by the Authority for the purposes of ensuring the Authority’s sustainable performance of its functions.

(2)     The Fund shall comprise of—

(a)     sums accruable to the fund under the provisions of the Motor Vehicle Administration Agency; and

(b)     such other sources as may be authorised by the Governor.

Funds and Resources of the Authority.

124.   The funds and resources of the Authority shall consist of –

(a)     all sums, investments or other property vested in the Authority by virtue of the provisions of this Part;

(b)     such sums accruing to the Authority from the Transport Trust Fund;

(c)     such sums of money, property and other advances by way of Loans or Grants to the Authority by any Government, the private sector or International Organisations;

(d)     any investment or other property acquired by or vested in the Authority; and

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

Application of the Authority’s Revenue.

125.   The following charges shall be defrayed out of the revenue of the Authority for any financial year –

(a)     the remuneration and allowances of the members of the Board and those of any Committee of the Authority;

(b)     the salaries, remuneration, fees, allowances, pensions and gratuities of the staff, agents, technical and other advisers or consultants of the Authority;

(c)     all expenses relating to the working and management of the Authority and other properties including proper provision for depreciation or renewal of assets;

(d)     such minor works of a capital nature as the Authority may deem necessary;

(e)     such sums including compensation that may be payable by the Authority to any person by virtue of the provisions of this Law or any other Law;

(f)      taxes, rates and other levies payable by the Authority under any Law;

(g)     interest on loans raised on behalf of the Authority;

(h)     sums required to be transferred to any sinking fund or otherwise set aside for the purpose of making provision for the redemption of securities or the repayment of other loans; and

(i)      such other sums as the Board may approve for payment out of the revenue account of the Authority in respect of any financial year.

(2)     The balance of the revenue of the Authority for any financial year shall be applied as follows –

(a)     grants of any sums of money or property deemed necessary; and

(b)     loans upon such terms as to repayment or interest or otherwise as the Governor may determine.

Power to Borrow.

126.   In the exercise of its functions under this Part, the Authority shall on the recommendation of the Accountant-General subject to the approval of the House have power to borrow sums by issuing debentures, stocks, or other securities or in any other manner for and in connection with the exercise of its functions under this Part.

Protection of Officers and Properties of the Authority.

127. (1)      Members or officers of the Authority shall not be liable to be prosecuted or sued in any Court for any act done or ordered to be done by them in good faith in the discharge of their functions under this Part.

Existing Rights and Liabilities.

128.   Any existing right, liability and property becomes a right or liability of the Authority, and any legal proceedings by or against the Government and any of its agencies pending at the commencement of this Law in respect of such property, right or liability shall be continued by or against the Authority.

Proofs of Money.

 129. In an action for the recovery of any rate or other moneys (other than fines and penalties) payable or recoverable under the provisions of this Part, a certificate signed by the Authority in that behalf, that where any sum of money is due and that the defendant is the person liable to pay the same, shall be evidence of such debt and of non-payment and the fact that the defendant is the person liable to pay the same.

Maintenance of Declared Roads.

130. (1) The Authority shall be responsible for the Maintenance of all declared roads which are contained in the Schedule to this Part including all subsequently declared roads.

(2)     Every Deed, Bond, Agreement, Instrument and work for the construction of the declared roads to which the Government was a party shall, subject to the provisions of this Section and unless the circumstances otherwise require, have effect as from the commencement of this Law as if –

(a)     the Authority had been a party to it; and

(b)     any reference to the Government shall with respect to anything falling due on or after the commencement of this Part be deemed as reference to the Authority.

Offices of the Authority.

131.   The Authority shall have its principal office within the State as may be designated for the efficient discharge of its functions, and may open branch offices in other Divisions of the State in accordance with the decision of the Board.

Procedure in Respect of suits against the Authority.

132. (1)A suit against the Authority, a member of the Authority or any employee of the Authority for any act done in pursuance or execution of any Law, or of any public duty or authority will not lie or be instituted in any court unless it is commenced within twelve (12) months after the act, neglect or default complained of or in case of continuance of damage or injury within twelve (12) months after.

(2)     In an action or suit against the Authority, an execution or any like process shall not be issued against any transport works or property vested in the Authority but subject to any directions given by the Authority any sum of money which is awarded against the Authority by judgment of the Court shall be paid from the general funds of the Authority.

Bank Accounts.

133.   The Authority shall operate an account(s) with bank(s) in the State and the signatories to the account(s) shall be the Managing Director or when absent a designated representative as the case may be, and the Head of Accounts department or when absent a designated representative or any person duly authorised by the Board in that behalf.

Books of Account.

134. (1) The Authority shall keep proper account of all its transactions in such form as the Board may direct, being a form that shall conform with standard accounting practice.

(2)     The form of accounts shall be such as to secure the provision of separate information in respect of each of the main activities and Departments of the Authority.

Audit.

135. (1) The accounts of the Authority shall be audited annually by external auditors appointed by the Board from a list of approved auditors provided by the Auditor-General of the State in accordance with the Audit Law.

(2)     The accounts of the Transport Fund shall be audited annually by external auditors appointed by the Board from a list of approved auditors provided by the Auditor-General of the State in accordance with the Audit Law within six (6) months of the end of each financial year.

(3)     The Authority shall, within six (6) months after the end of each financial year, furnish the Governor with –

(a)     a copy of the audited account of the Authority and the Transport Fund;

(b)     a copy of the general report and full report of the external auditor; and

(c)     a detailed report of the state of affairs of the Authority for the financial year, including a statement of the change in the general reserve fund arising from the activities of the Authority during the year reported on.

(4)     The Authority shall cause the audited account(s) and the Annual Report of the Authority to be published in the State Official Gazette after complying with subsection (1) of this Section.

Annual Reports.

136. (1) The Authority shall submit an Annual Report of its activities to the Governor in accordance with the provisions of this Part within six (6) months of the current year.

(2)     The Annual Report shall amongst other information, contain audited financial report and a detailed presentation of the performance of the Authority during the reporting year stated against set targets in the approved corporate and investment plan and it shall also contain an analysis of the opportunities and constraints impacting on the Authority’s performance and the actions proposed for addressing them.

Powers to make Regulations.

137.   The Authority shall with the approval of the Commissioner make regulations generally in accordance with the Regulations Approval Law for carrying into effect the provisions of this Part and specifically for –

(a)     fixing the rate and scale of charges payable for items listed under the Schedule;

(b)     exemptions from any rate or charge or any corporate entity or any person or class of persons;

(c)     the amount payable in respect of services supplied to any Government’s Ministries, Departments or Agencies, any State or Institution;

(d)     fees payable for services rendered by the Authority together with the time and place of payment of such fees;

(e)     the construction, reconstruction, maintenance, alteration or readjustment of transport works and services, the nature, quality, size, pattern and methods used;

(f)      the forms, issuing and service of all notices required to be given or sent under this Part;

(g)     the prevention of the commission of any offence or nuisance in or about any station, works, plant, building or premises of the Authority;

(h)     the prevention of illegal provision of transport works and services;

(i)      the prevention of trespass upon or injury to stations, works, plants, buildings or premises appertaining to any works; and

(j)      the prescription of penalties for offences against any regulation made under this Section.

SCHEDULE

LIST OF DECLARED ROADS

FEDERAL
S/N ROUTE/LOCATION DESCRIPTION TYPE OF SURFACE EARTH TOTAL LENGTH (M) C-WAY (A/C) WIDTH (S/D)
1. 20 Lagos-Ikorodu Sub-base:Laterite (A.1) (Ojota-Ikorodu) Base-Course Crushed Stone Shoulder: Surface dressed 2.2 7.3 2.2
2 20 (A.1) Costain Roundabout Mosalashi Base-Course: Crushed Stone 4.5 12×2 4.5
3. 20 (A.1) Spur Road (Idi-Oro) Base-Course: Crushed Stone 0.3 7.3×2 0.3
4. 20 (A.1) Idi-Oro Fly over 0.8 (2Nos) Concrete deck 7.3 0.8×2  
5. 20 (A.1) Yaba Roundabout Edmnd Crescent Junction Base Course: Crushed Stone 0.5 7.3 0.5
6. 20 (A.1) Yaba Roundabout Medical Road Base Course: Crushed Stone 0.5 7.3 0.5
7. 20 (A.1) Oyingbo-Idumota Base Course: Crushed Stone 0.3 8.4 0.3
8. 20 (A.1) Oyingbo-Bus Stop Complex Base Course: Crushed Stone 0.3 8.4 0.3
9. 20 (A.1) Yaba Roundabout Maryland Base Course: Crushed Stone 6.1 12.7.1 6.1
10. 20 (A.1) Maryland-Ojota Base Course: Crushed Stone 3 7.3 3
11. 20 (A.1) Ojota Ramp Base Course: Crushed Stone 1 7.3 1
12. 20 (A.1) Alaro Underpass Base Course: Crushed Stone 66.0 1  
13. (A.1) Itoikin-Ikose Base Course – Laterite  10 7.3 10
14. (A.1) Apapa Road-Costain Roundabout Base Course: Crushed Stone 5.6 7.9.0 5.6
15. (A.1) Costain Roundabout Wharf Service Road I Base Course: Soil Cement 3 9.7 3
16. (A.1)Costain Roundabout Wharf Service Road II Base Course: Crished Stone 3 9.0 3
17. (A.1-1) Malu Road, Kirikiri Base Course: Soil Cement 4.5 4.5
18. (A.1-2) Apongbon Alaka Concrete Deck 4.2 9.0 4.2
19. 20 (A1-2) Apongbon Ramp Concrete Deck 0.62 6.46 0.62
20. 20 (A1-2) Ijora Ramp Concrete Deck 1.44 6.46 1.44
21. 20 (A1-2) Costain Ramp Concrete Deck 0.42 6.46 0.42
22. 10 (A.5) Mosalashi-Ikeja Base Course: Crushed Stone 8.1.0 9.5×2 8.1.0
23. 10 (A.5) Ikeja Ilo (New Rd) Base Course: Crushed Stone 16.1.0 9.5×2 16.1.0
24. 10 (A.5)Ikeja Ilo (New Rd) Base Course : Crushed Stone 10.1 9.5×2 16.1
25. 10 (A.5) Ikeja-Agege (Old Road) Base Course: Crushed  7.5 9.2 7.5
26. 10 (A.5) Yaba Roundabout Oyingbo(Murtala-Muhammed Way) Base Course: Crushed Stone 4.3 8.8 4.3
27. (A.151) Ijora Causeway-Iddo Base Course: Crushed Stone on sand filling 3 7.9 3
28. (i) Iddo Service Rd. (ii) Iddo Service Rd. (iii) Iddo Ramp 0.6 1.6 0.6 9.5 1.0  
29. 20 (A.152) Maryland-Ikeja Base Course: Crushed Stone 5.2 7.4×2 5.2
30. F.264 Inner Ring Rd. Complex Concrete Deck 12.25 7.3 12.25
31. F.264 New Marina (Lagoon) Soil Cement: Stabilisation Base Course: Crushed Stone 2.5 11 2.5
32. F.264 2nd Osborne–Fed Secretariat Ramp Base Course: Crushed Stone 0.4 7.3 0.4
33. F.264 Fed. Secretariat Ramp 3rd M/land Bridge, Junction Base Course: Crushed Stone 0.9 7.3 0.9
34. F.264 CarterBridge/ 3rd Mainland Junct. Isale Eko H/ School Base Course: Crushed Stone 0.6 7.3 0.6
35. F.264 Isale Eko High Sch. Marina/Carter Bridge Junction Base Course: Crushed Stone 0.9 22 0.9
36. F.265 New Kingsway Rd. Base Course: Crushed Stone 4.8 10.1 4.8
37. F.265 Kingsway/Osborne Junction 2nd Av. Osborne Junction Base Course: Crushed Stone 0.5 7.3 0.5
38. F.265 Falomo Roundabout Base Course: Crushed Stone 0.2 7.3 0.2
39. F.265 Falomo Flyover Concrete Deck 3.2 7.3 3.2
40 F.265 Ikoyi Road Base Course: Crushed Stone 3.4 7.3 3.4
41. F.265 Kingsway Rd- Falomo flyover Base Course: Crushed Stone 1.6 7.3 1.6
42. F.265 (I) Liverpool Round-about-Ojota Exp. Base Course: Crushed Stone 31.8 3.6 31.8
43. F.265 (II) Loops & Ramp (Expressway) Base Course: Crushed Stone 4.2 7.3 4.2
44. F.266 Oyingbo–Yaba (H/Macaulay St.) 6 8.1 6
45. F.267 Moloney Roundabout National Base Course: Crushed Stone 0.4 7.3 0.4
46. F.268 (I) Dockyard Rd–Wharf Dock Yard Rd Base Course: Sand Filling 1.9 9.7 1.9
47. F.268 (II)Wharf Rd/ Dockyard Service Road Base Course: Sand filling 0.4 7.3 0.4
48. F.269 Apakun–Murtala Mohammed Airport Road 2.8 14.4 2.8
49. F.270 (I) New Access Rd. to Lighter Terminal Sub-base Base Course: Sand filling Shoulder: Earth 2.3 7.3 2.5
50. F.270 (II) Old Access Rd. From Ikorodu Roundabout to the Lighter Terminal 3.5 7.3 3.5
51. F.271 Obalende Flyover Old Cowry Bridge Concrete Deck 0.7 7.3 0.7
52. Lagoon Flyover Obalende Concrete Deck 1.8 10.1 1.8
53. Force Headquarters Moloney Round-about Base Course: Crushed Stone 0.3 7.3 0.3
54. Stadium Flyover (2Nos.) Concrete Deck 0.6 7.3 0.6
55. Ojuelegba Flyover(2Nos.) Concrete Deck 0.6 7.3 0.6
56. Cable Ramp (Net) Concrete Deck 0.5 7.3 0.5
57. Gottschalk Ramp Concrete Deck 0.3 7.3 0.3
58. Apongbon Flyover New Concrete Deck 0.8 7.3 0.8
59. Marina Awolowo Ramps (3Nos.) Base Course: Crushed Stone 1,8 7.3 1.8
60. 3rd Mainland Bridge (Adekunle-Idumagbo Junction) Concrete Deck 3.5 10.1 3.5
61. Odunlami Ramp Concrete Deck Base Course: Crushed Stone 0.5 7.3 0.5
62. Idumagbo Interchange Concrete Deck 1.8 7.3 1.8
63. Presidential Route: Keffi, Ribadu, Okotie-Eboh Road, Awolowo Road,Onikan Road, Tafawa Balewa Square, Mccarthy Base Course: Crushed Stone 10 7.3 10
64. LUTH Access Road Apapa, Wharf Base Course: Crushed Stone 1.1 7.3 1.1
65. Genesis Hotel–Kirikiri Road Base Course: Crushed Stone 2 14.6 2
66. Liverpool Round-about through Creek Road Base Course: Crushed Stone 3.5 7.3 3.5
67. Liverpool Service Roads Base Course: Crushed Stone 0.7 6.7 0.7
68. Kirikiri Approach Roads. 2 7.3 2
69. Malu Rd, Kirikiri via Bale Street Base Course: Crushed Stone 9.3 7.3 9.3
70. Carter Bridge Access 0.82 14.4 0.82
71. Oyingbo–Herbert Macaulay Access Base Course: Crushed Stone 1.3 7.3 1.3
72. Herbert Macaulay Access Base Course: Crushed Stone 0.6 7.3 0.6
73. Marina/ Carter Bridge Junction-under Carter Bridge Base Course: Crushed Stone 0.3 18.3 0.3
  Sub-Total: Trunk Route Secondary Route   365.66 73.00

LIST OF DECLARED ROADS STATE

S/N ROUTE/LOCATION DESCRIPTION TOTAL LENGTH C-WAY (A/C) WIDTH (S/D)
1 Ifako/Ijaiye Agege Agege By-Pass 2.1 1.8  
2 Akilo Street/ Ijaiye Street      
3 Ifako/Agege College Road/ Yaya Abatan Street      
4 Ijaiye Road 5.5 18  
5 Ifako/Agege Iju Road 5.3 10  
6 Ipaja New Road 1.6 10  
7 Ogba Road 2.5 7.5  
8 Oko Oba Road 1.7 10  
9 Ifako Thomas Salako Street      
10 Wempco Road      
11 Alimosho- Ejigbo Road      
12 Idimu Road      
13 Ijegun Road      
14 Ikotun-LASU Road      
15 Ikotun Road      
16 Apapa/ Ajeromi Ifelodun Akintoye Street      
17 Apapa Road      
18 Bauchi Road      
19 Creek Road      
20 Kirikiri Road      
21 Malu Road      
22 Old Ojo Road      
23 Pelewura Way      
24 Queen’s Road      
25 Rhodes Crescent      
26 Wharf Road      
27 Badagry Lagos-Badagry 8    
28 Epe Aiyetoro Road 1.5    
29 Central Mosque     1.1    
30 Epe-Ijebu Ode Road 16    
31 Lagos Road      
32 Marina Road 1.2    
33 Obafemi Awolowo Street 7.5    
34 Owode Street Popo- Oba Street 1    
35 Eti-Osa Adeola Odeku Street 0.3    
36 Adetokunboh Ademola 0.5    
37 Ahmadu Bello Road 0.8    
38 Akin Adesola Street 1.6    
39 Alhaji Ribadu Road 0.9    
40 Anthony Road      
41 Awolowo Road 3.2             9  
42 Bank Road 0.7             7.5  
43 Bourdillon Road 2.4             8  
44 Burma Road 1.504 12  
45 Commercial Road 0.693 12  
46 Gerrard Road 1.4 7.5  
47 Keffi Street 0.8 8  
48 Kingsway Road (Now Alfred Rewane) 15 14  
49 Liverpool Road 1.5 14  
50 Marina Road 23.6 4  
51 Obalende Road 0.5             9  
52 Osborne Road 0.7             7.5  
53 Ozumba Mbadiwe Avenue 1.5             11  
54 Park Lane 1.55                   12  
55 Queen’s Drive (Now Oyinkan Abayomi) 3.1             8.5  
56 Sanusi Fafunwa Street 0.2             7.5  
57 St. Gregory Road 0.8 8  
58 Warehouse Road 1.55                   12  
59 Ikeja Adelabu Street      
60 Adeniyi Jones Avenue 1.9 7.5  
61 Airport Road 0.508    
62 Ajao Street 0.9 7.5  
63 Ajasa Street      
64 Ajoke Akinbami Street      
65 Akin Adesiu Street      
66 Alhaji Ayinde Adeleye Street      
67 Allen Avenue 1.323 75  
68 Alli Balogun Road      
69 Anjorin Olu Street      
70 Atinuke Oyebanji Street      
71 Atunwa Street      
72 B.Oluwole Avenue      
73 Balogun Street 0.34    
74 Cole Crescent      
75 Continental Road      
76 Dosumu Street 0.57    
77 Industrial Crescent      
78 Ikosi Road      
79 Ipodo Road      
80 Opebi Link Road 1.45    
81 Kudirat Abiola Way 7.5    
82 Oseni Street      
83 Prince Adetona Street      
84 Sobo Arobiodu Street      
85 Town Planning Office Way 1.6 7.5  
86 Works Road 0.3 7.5  
87 Toyin Street 1.99 7.5  
88 Unity Road 0.6 7.5  
89 Abari Crescent      
90 Isolo/Mafoluku Oshodi Road/Mafoluku Road/Ewu
Road/Oyetayo Street / Church Street/ Tinubu
Road/Oyewale Street/ Majolate Street/ Kayode Street
     
91 Lagos-Island Abibu Oki Street 0.35 8.5  
92 Abitipa Street      
93 Adeniji Adele Road 2.7 8  
94 Ago Street      
95 Alhaji Issa Williams Street 0.7 8.5  
96 Alli Balogun Street 0.3 6  
97 Apongbon Street 0.6 10  
98 Balogun Street 0.8 10  
99 Bamgbose Street 1.5 7.5  
100 Binuyo Street      
101 Breadfruit Street 0.7 8  
102 Broad Street 2.5 12  
103 Campbell Street 1.5 8  
104 Campos Street 1 12  
105 Catholic Mission Street 0.3 7  
106 Cow Lane Street 0.6 7.5  
107 Docemo Street 0.8 8  
108 Ebute-Ero 1.72 7.7  
109 St. Finbarr’s College Road      
110 University Road 1.01 6  
111 Wake-man Street 0.64 6  
112 Mushin Association Avenue      
113 Ilupeju Road      
114 Industrial Avenue 0.26 8  
115 Ishaga Road      
116 Isolo Road 2.6 8  
117 Itire Road 1.2 8  
118 Ladipo Street 2.4 8  
119 Fatai Atere Way 1.08 8  
120 Palm Avenue 1.5 8  
121 Ajeromi/Ifelodun/Gaskiya College Road 1.4 8  
122 Iganmu Road      
123 Market Street 0.95 8  
124 Ojo Road 3.19 12  
125 Oshodi/Isolo/Arowojobe Street 0.45 7.5  
126 Bale Street/Oke Afa Road /Okomo Street/Okota      
127 Godwin Omonua Street      
128 Ire-Akari Estate Road 2.12 7.5  
129 Onipede Crescent/ Lateef Salami Street      
130 Okota Road      
131 Oshodi/Mafoluku Road      
132 Somolu-Abiodun Street      
133 Abule Okuta Street      
134 Alhaji Amoo Street      
135 Somolu/Kosofe/Apata Street      
136 Ayodele Okeowo Street      
137 Bajulaiye Road 1.4 8  
138 Bariga Road      
139 Demurin Street 1.12 8  
140 Diya Street      
141 Fola Agoro Street 0.9 8  
142 Igbobi College Road 0.7 8  
143 Ikosi Road 1 8  
144 Jagunmolu Street 0.62 8  
145 Market Street 0.6 8  
146 Morocco Road 1.2 9  
147 Ogudu 2.71 12  
148 Oguntolu Street 0.85    
149 Olatunde-Labinjo Street      
150 Shipeolu Street 1.5 8  
151 Sogbamu (Oremeji)Street      
152 St.Finbarr’s College Road 0.52 8  
153 W.A.E.C. (Hussey Street) 0.6 8  
154 Surulere-Adelabu Street/Adeniran Ogunsanya Street 1.5 14  
155 Alhaji Masha Street 0.914 13  
156 Babs-Animashaun Street 0.84 8  
157 Bode Thomas Street 1.49 12  
158 Eric Moore Road 1.02    
159   Ishaga Road/ Ojerinde Street/ Karimu Street Ilora
Street/Anjorin Street/ Oloruntosin Street
           
160 Itire Road      
161   Jimoh Jinadu Street/Akana Street/ Waaga
Street/Ishaga Road
           
162 Lawanson Street      
163 Ogunlana Drive 0.95    
164 Ojuelegba Road 0.78 10  
165 Onitire Street      
166 Randle Avenue 0.82    
167 Tejuosho Street 0.79 13  


LIST OF DECLARED ROADS

L.G.A.

S/N ROUTE/LOCATION DESCRIPTION TOTAL ENGTH C –WAY (A/C) WIDTH (S/D)
1. Ajeromi-Ifelodun-Bale Street Iganmu 0.075          5.5  
2. Okeya Street 0.23 7.5  
3. Eti-Osa-Alexander Avenue 0.29 10  
4. Ikeja-Acme Road 1.6 7.5  
5. Aromire Avenue 0.23 7.5  
6. Church Street 0.1 7.5  
7. Layinka Street 0.18 9  
8. Ikoyi-Okotie-Eboh Street 0.5 7.5  
9. Idowu Taylor Street 0.3 7.5  
10. Lagos Island-Ajasa Street 0.2 7  
11. Ajele Street 0.3 7  
12. Alakoro Marina Street 0.45 10  
13. Araromi Street 0.3 7  
14. Babina Street 0.1 0  
15. Beecroft Street 0.3 7.5  
16. Berkley Street 0.4 7  
17. Boyle Street 0.2 5  
18. Brook Street 0.25 5  
19. Cable Street 0.1 10  
20. Custom Street 0.2 7.2  
21. Davies Street 0.25 7.2  
22. Force Road 0.1 10  
23. Isale Gangan Street 0.3 6  
24. John Street 0.3 8  
25. Joseph Street 0.3 7.5  
26. Kakawa Street 0 7  
27. Kosoko Street 0.3 7.5  
28. Labinjo Lane 0.4 7  
29. Macarthy Street 0.4 7.5  
30. Market Street 0.2 7.5  
31. Massey Street 0.4 7  
32. Military Street 0.4 6  
33. Phoenix Lane 0.4 7  
34. Princess Street 0.35 7  
35. Strachan Street 0.3 7.5  
36. Tapa Street / Okepopo Street 6    
37 Tinubu Street 0.3 7.5  
38. Williams Street 0.2 7.5  
39. Mainland-Akanbi Street 0.236 6  
40. Dabiri Street 0.328 6  
41. Makoko Road 0.1 8  
42. Olumo Street 0.238 7  
43. Savage Street 0.18 5.9  
44. Mushin-Majolate Street 0.245    
45. Somolu-Adetayo Osho Street 0.42 8  
46. George Street 0.28 8  

PART VI – PUBLIC BUS SERVICES REFORM

Interpretation.

138.   In this Part, unless the context otherwise requires —

“Authority” means the Lagos State Metropolitan Transport Authority (LAMATA);

“Authorised Person” means any person employed by a grantee and authorised by it for the purposes of this Part;

“Bus stop” means an area of road that has been designated as a bus stop under this Part;

“Gangway” in relation to a bus, means a passage or walkway between rows of seats, other than an emergency exit but does not include a staircase or any space in front of a seat which is required only for the use of passengers occupying that seat or that row of seats;

“Grantee” means an operator to which a licence or franchise is given under this Part;

“House” means Lagos State House of Assembly;

“Identity Card” means an identity card issued in accordance with the provisions of this Part;

“Ministry” means Ministry of Transportation;

“Pass” means a pass issued by a grantee or by some other person and accepted by a grantee which, subject to the provisions of this Part and to any terms or conditions approved by the Commissioner, entitles a person to travel (or travel for a reduced fare) on a bus operated by the grantee under a franchise;

“Proof of Identity” in relation to any passenger means a valid —

(a)     identity card; or

(b)     travel document held by that person.

“State” means Lagos State of Nigeria;

“Ticket” means a single journey ticket, monthly ticket, student ticket or any other document (other than a pass) issued by a grantee or by some other person and accepted by a grantee which, subject to the provisions of this Part and to any terms or conditions approved by the Commissioner, entitles a person to travel on a bus operated by the grantee under a franchise; and

“Travel document” means a passport furnished with a photograph of the holder, or some other document establishing to the satisfaction of an employee of a grantee, the identity of the holder.

Objectives of the Public Bus Services Reform.

139.   The objectives of the Public Bus Services Reform are to-

(a)     provide a safe, secure, standardised and functional transport system;

(b)     re-energize the transportation system by introducing medium and high capacity buses;

(c)     strengthen and support arrangement for partnership in the Bus Service System;

(d)     provide for a step change in the information available to bus passengers;

(e)     ensure the efficiency of bus services in the State; and

(f)      rebrand and professionalise the State transport system.

Establishment of the

140. (1) There is established the Public Bus Reform Bus Reform Programme (referred to in this Part as “the Programme. Programme”).

(2)     The Lagos Bus Services Limited (referred to in this Part as “the Bus Services”) shall implement the Bus Reform Programme.

(3)     The Bus Services shall-

(a)     be a body corporate with perpetual succession and a common seal;

(b)     have powers to sue and be sued in its corporate name; and

(c)     have powers to acquire, purchase, hold, manage and dispose of movable or immovable properties for the purpose of discharging its duties under this Part.

Powers of the Bus Services.

141. (1)      The Bus Services shall-

(i)      carry on the business of transportation, assets acquisition, control and supervisory services;

(ii)     engage in the business of licensing and franchising of bus route to as many operators as it may deem fit;

(iii)    engage in the business of Mass Transit Services which includes utilizing coaches, cars, lorries, buses and all manner of vehicles and as proprietors of garages, terminal operators, motor and bus engineers, haulage contractors, carriers by road and agents for road, motor and other passengers carrying and towing services;

(iv)    acquire and own vehicles, buses, automobiles, coaches and cars for Mass Transit which shall include the issuance of licences and permits to operators on such special and dedicated routes to be earmarked and supervised by the operators;

(v)     acquire, equip and maintain public transport vehicles; motor coaches or other vehicles appropriate for the carriage of passengers or goods and to carry on the business of proprietors and carriers of passengers both in public conveyance and in private vehicle and in such other places as may be deemed appropriate;

(vi)    acquire land, building and real property of any description (including easements and other proprietary rights) for development as bus depots, maintenance facilities and stabling points; and

(vii)   carry on any business which may be incidental to its powers.

(2)     It shall also be responsible for-

(a)     developing routes and service plans;

(b)     fare setting and electronic payment for bus operations;

(c)     acquisition and management of buses and ancillary assets;

(d)     the deployment of Intelligent Transport System (ITS);

(e)     provision of bus depots;

(f)      development of a Bus Franchise Framework for the operation of bus services in the State; (g) monitoring and evaluation of operators; and

(h)     development of bus assembly plants.

Functions of the Bus Services.

142.   The Bus Services shall-

(a)     comply with operation and performance standards as prescribed by the Ministry with regard to the nature of bus services;

(b)     be solely responsible for granting franchises to individuals or corporate bodies for the operation of bus services as it may deem appropriate;

(c)     have power to alter, vary, refuse, suspend or revoke a licence issued to an individual or corporate body as it may deem expedient upon conditions specified;

(d)     ensure the compliance of grantees with operational guidelines as prescribed by the Ministry;

(e)     advice on enforcement required to ensure a successful implementation of the programme;

(f)      maintain safe, efficient and functional bus transport services in the State;

(g)     engage and train bus operators in line with the standards and procedures prescribed by the Ministry;

(h)     determine bus fares;

(i)      maintain a regulated livery on all buses;

(j)      present to the Commissioner for approval such arrangement, designations or modifications of bus transport services as shall be deemed expedient for an efficient and sustainable transport system in the State;

(k)     ensure that all bus drivers are properly trained and are certified in accordance with the requirements of this Part or any other Law;

(l)      identify suitable locations for depot development;

(m)    prescribe the specification and standard of buses to be deployed under the programme; and

(n)     perform such other acts as may be required for carrying into effect the provisions of this Part.

Funds of the Bus Services.

143.   The Fund of the Bus Services shall consist of such sums of money as may be–

(a)     appropriated to it by the House; and

(b)     payable to the Bus Services by way of donations, gifts, loans or grant by the State or Federal Government or other agencies, individuals, corporate bodies or other government or international organisations.

Power to Borrow and Invest.

144.   The Bus Services may on the recommendation of the Accountant-General subject to the approval of the House –

(a)     obtain loans or credit facilities from an institution, upon such terms and conditions relating to repayment of the principal and payment of interest; or

(b)     invest any part of the money available in an account of the Bus Services required for giving effect to its functions under this Part.

Restriction on Execution.

145.   No execution or attachment of process shall be issued against any property vested in the Bus Services except with prior knowledge and consent of the Attorney-General of the State.

Compliance with Public Private Partnership Law Ch. P18 Vol. 9 LLS 2015.

146.   All licence/franchise agreement or contract to be entered into under the provisions of this Part shall comply with the provisions of the Public Private Partnership Law.

Grant of Franchise in Respect of Route.

147. (1)      The Bus Services shall issue franchises in respect of all routes designated as Bus Routes in the State.

(2)     The routes referred to under subsection (1) of this Section shall include both existing and future routes.

(3)     The Commissioner may designate an area of road as a bus stop.

(4)     A bus stop may be restricted to a specified grantee or a specified route.

(5)     Subject to subsection (1) of this Section, a bus belonging to a specified grantee or a specified route shall stop at a bus stop to set down a passenger if requested to do so and if not at full capacity, stop and pick up an intending passenger when signalled to do so.

(6)     A person shall not, without the permission of the Commissioner, erect or cause to be erected any sign on or near any road in such a manner that such sign might reasonably be believed to have been erected in accordance with subsection (3).

(7)     Every sign which, at the commencement of this Law, has been lawfully erected on or near a road as a bus stop shall be deemed to have been erected in accordance with the provisions of this Part.

Issuance of Tickets and Passes.

148. (1) A grantee/Bus Services may issue and accept tickets and passes issued by any other person, upon such terms and conditions as may be approved by the Commissioner.

(2)     A grantee shall ensure that a copy of the conditions upon which a ticket or pass is issued, is prominently displayed at all times at every fixed place where such ticket or pass is sold and that, on demand, a person who buys such ticket or pass at such fixed place may receive without charge, a copy of such conditions.

(3)     A person who for the purposes of obtaining a ticket or pass issued under subsection (2) personally or for another person, makes a false statement commits an offence.

Fares.

149.   The Bus Services/grantee shall ensure that fares are collected—

(a)     against the issue of a ticket; or

(b)     in such other manner as may be approved by the Commissioner.

General Duties of Grantees.

150.   Every grantee shall ensure that every —

(a)     bus used by it in connection with its franchise is properly equipped to the satisfaction of the Commissioner with signs and destination indicators at all times; and

(b)     driver and authorised person(s) employed by it, is equipped with such uniform as is referred to under this Part.

Alternative Dispute Resolution.

151.   Any dispute arising from an agreement made pursuant to the provisions of this Part shall be referred to the Lagos State Multi-Door Courthouse for arbitration and in the event of a gridlock to an independent arbitrator agreed by the parties.

Power to Enter, Search and Seize.

152.   A duly authorised officer of the Bus Services may at any time between the hours of 6:00am – 6:00pm of any day enter, search or seize any bus used by a grantee to ensure that the bus(es) comply with the provisions of this Part or any guideline or Regulation made pursuant to this Part.

Signboards and Notices on Buses.

153. (1)      A driver of a bus when acting as such shall ensure that-

(a)     there is displayed on the front and rear of the bus, sign of a design and construction approved by the Commissioner, showing the route number;

(b)     there is displayed on the front of the bus a destination indicator, of a design and construction approved by the Commissioner showing the destination of the bus;

(c)     the sign and indicator required to be displayed under paragraphs (a) and (b) are adequately illuminated at all times when the lights of the bus are required to be illuminated;

(d)     a signboard with the words “BUS FULL” is displayed on a size and design approved by the Commissioner and is exhibited on the bus in such a manner as to be easily visible by intending passengers, both by day and night, whenever the maximum number of passengers which the bus is permitted to carry are travelling on it but on no other occasion and at no other time;

(e)     there is displayed on the bus to the satisfaction of the Commissioner,—

(i)      a statement, in English of the maximum number of seated and standing passengers authorised to be carried on the bus; and

(ii)     the authorised fare for passengers boarding on the section of the route on which the bus is currently operating; and

(f)      there are available on the bus written details of the fares and charges authorised to be taken on that route, such details to be available for inspection by passengers on reasonable request being made.

(2)     The Commissioner may permit the use of a temporary sign under subsection (1)(a) and a temporary destination indicator under subsection (1)(b) for such period and subject to such conditions as the Commissioner may determine.

Uniform.

154.   Every driver of a bus and every authorised person employed by the Bus Services/grantee shall at all times when on duty wear such uniform and carry such badge as shall be approved by the Commissioner.

Conduct of Driver.

155. (1)      A driver of a bus, when acting as such shall—

(a)     not cause the bus to remain stationary on a road longer than is reasonably necessary to pick up or set down passengers except at a stand or place where the bus is permitted to stop for a longer time than necessary for that purpose;

(b)     drive the bus by the appointed route to the appointed destination, except when prevented from doing so by accident or other emergency or when ordered not to do so by an authorised person or a police officer;

(c)     stop the bus at every bus stop which bears an indication that all buses travelling the route on which the bus is travelling should stop there; and

(d)     stop the bus, if signalled to do so, at every bus stop along the route on which the bus is travelling to allow passengers or intending passengers to alight from or to board the bus:

Provided that a driver shall be under no obligation to stop the bus in accordance with paragraph (d) for the purpose of picking up passengers when the bus is displaying the “BUS FULL” sign.

(g)     not neglect, refuse to admit or carry at the lawful fare a passenger or intending passenger who can be accommodated without exceeding the authorised capacity of the bus and to whose admission no reasonable objection is made;

(h)     permit a passenger to board with such goods as may lawfully, safely and conveniently be carried on the bus;

(i)      not permit any animal, other than a guide dog accompanying a blind person, to be carried on the bus;

(j)      behave in a civil manner;

(k)     be neat in appearance;

(l)      not smoke in the bus;

(m)    take all reasonable precautions to ensure the safety of passengers on entering or alighting from the bus;

(n)     if requested by a police officer in uniform or a person authorised by the Commissioner, give particulars of the licence, the driver’s name and the name and address of the grantee by whom the driver is employed;

(o)     not obstruct or neglect to give all reasonable information and assistance to a police officer in uniform, or a person authorised by the Commissioner who produces such authority, to examine the bus.

(p)     refuse to permit a person who is in a dirty condition to enter in or travel on the bus;

(q)    refuse to permit a person, whom the driver has reasonable cause to believe to be intoxicated, mentally unbalanced or suffering from an infectious or contagious disease, to enter in or travel on the bus; and

(r)      refuse to permit a person, whom the driver has reasonable cause to believe is carrying goods of a dangerous or offensive nature, to enter in or travel on the bus.

(2)     A driver of a bus when acting as such shall—

(a)     when picking up or setting down passengers, stop the bus as close to the left or near side of the road as is safe and practicable;

(b)     not, when the bus is in motion, speak to any person unless it is necessary to do so on grounds of safety;

(c)     not unreasonably delay the bus on a journey;

(d)     shut off the engine and ensure that all the passengers are removed from the bus before filling the petrol or oil tank and keep the engine shut off and ensure that all passengers remain out of the bus until such filling is completed; and

(e)     shut off the engine if, for any reason, the driver leaves the bus unattended.

Consumption of Alcohol.

156.   A driver of a bus shall not while on duty consume any alcoholic drink.

Power to Remove Passengers.

157. (1)      A person who is an employee of the Bus Services/grantee and who is in uniform and on duty may remove from a bus –

(i)      a person whom the employee has reasonable cause to believe has contravened the provisions of this Part; and

(ii)     demand the name, address and proof of identity of such person removed from the bus.

(2)     A person who is an employee of the Bus Services/grantee and who is in uniform and on duty may arrest without a warrant a person whom the employee has reasonable cause to believe has contravened the provisions of this Part and may detain such person until the person is handed over to a police officer.

(3)     A police officer, to whom a person is handed over under subsection (2), shall take such person into custody without a warrant.

General Conduct of Passengers and Intending Passengers.

158. (1)      A passenger or intending passenger shall not—

(a)     wilfully obstruct, impede or distract the driver of the bus or an authorised person;

(b)     wilfully obstruct the driver’s view of the road or of traffic;

(c)     wilfully do or cause to be done with respect to any part of the bus or its equipment, anything which—

(i)      obstructs or interferes with the workings of the bus or causes damage; or

(ii)     causes injury, discomfort, annoyance or inconvenience to any other person;

(d)     improperly interfere with the doors or other mechanism, device or control which forms part of the bus or which is connected to the bus; or

(e)     throw or wilfully drop anything from a bus or on a bus.

(2)     A passenger shall not stand on —

(a)     any part of a bus other than the gangway;

(b)     the upper deck of a bus; or

(c)     a single-decked bus or on the lower deck of a double-decked bus, while the bus is moving.

(3)     A line may be marked transversely on the gangway to indicate the area in which passengers may not stand while the bus is moving.

Compliance with Directions.

159. (1)      A driver of a bus when acting as such may give such directions as the driver considers necessary in the interests of public safety to a passenger or intending passenger.

(2)     A passenger or intending passenger shall not fail to comply with any direction given under subsection (1).

Carriage of Goods

160.   The carriage of goods is subject to the condition that the goods—

(a)     shall not occupy a seat and are not placed in the gangway or stairway of the bus; and

(b)     are not of an offensive nature.

Dangerous Goods.

 161. A person shall not bring into a bus any dangerous substance or article.

Property to be Handed to the Driver.

162.   A person who finds any property accidentally left in a bus shall immediately hand it over in the state in which that person finds it to the driver, who shall deal with it in accordance with the provisions of this Part.

Record of Property Found.

163.   The Bus Services/grantee shall keep a record of the particulars of any property handed in by a driver in accordance with this Part, the circumstances in which it was found and the name of the driver into whose possession it first came and the ultimate disposal of the property under this Part and such record shall, at all reasonable times, be available for inspection by a police officer.

Safe Keeping of Property.

164. (1) The Bus Services/grantee shall retain in safe keeping any property which comes into its possession until claimed by the owner or disposed of in accordance with the provisions of this Part.

(2)     A grantee/Bus Services shall return all official documents, including licences, passports and identity cards, to the appropriate Government Department or other body or person by whom they were issued.

(3)     Where the name and address of the owner of any property, other than a document referred to in subsection (2) are readily ascertainable, the grantee/Bus Services shall immediately notify the owner that the property is in its possession and be claimed in accordance with the provisions of this Part.

(4)     If a property appears to the grantee to be of a perishable or offensive nature and is not claimed and proved to Bus service’s/grantee’s satisfaction to belong to a claimant within eight (8) hours of the time of finding or if it becomes objectionable, the grantee/Bus Services may destroy or otherwise dispose of the property as it thinks fit.

Unclaimed Property.

165. (1) If a property retained by a grantee is not proved to belong to a claimant within three (3) months of the date when the property was handed over to the grantee by a driver, the property shall be kept with the Bus Services:

Provided that any document not returned to the owner or other appropriate person and which has not been claimed by the person entitled to its return before the expiration of three (3) months shall be dealt with in such manner as the Bus Services may deem appropriate.

Person Entitled to Award.

166.   The driver or other person in whose possession any property first came shall be entitled to an award under the provisions of this Part.

Costs of Packing and Carriage.

167.   Where any property is forwarded to a claimant, all costs of packing and carriage reasonably incurred shall be paid to the grantee by the claimant.

Liability of Injury to Grantee.

168. (1) A grantee shall not be liable for any loss or damage to the property if all due diligence and care has been exercised by the grantee and by its employees in that respect.

(2)     Where lost property is returned by a driver or is returned by a grantee in good faith to a claimant, the driver or grantee shall not be liable to any further claim in respect of such property.

Examination of Property.

169. (1) Where a property is contained in a package, bag or other receptacle, the grantee may cause such package, bag or receptacle to be opened and the contents examined if the grantee considers it necessary for the purposes of identifying and tracing the owner or of ascertaining the nature of its contents.

(2)     Where a property is claimed by a person, the grantee may require the claimant to open any receptacle in which it may be contained and to submit the contents for examination for the purpose of establishing the claim to ownership or of ascertaining the value of the property.

Prohibition in Respect of Franchise.

170. (1) As from the commencement of this Law, it is prohibited for a person to operate a commercial bus service except under the terms of a franchise granted by the Bus Services.

(2)     The Bus Services in conjunction with the Ministry may by regulation prescribe a penalty in respect of a grantee or any other person who fails to observe any provision of this Part, any regulation, its franchise, or any order, notice or instruction properly given under this Part.

(3)     Nothing in this Section shall absolve the owner or driver of a bus operating under a franchise granted in accordance with this Part from complying with the requirements of an existing Law in relation to licensing and registration including the requirement to hold a hackney permit.

Offences and Penalties.

171. (1)      A person who contravenes any provisions of this Part commits an offence.

(2)     A person who commits an offence under Section 155 is liable on conviction to a fine of Ten Thousand Naira (N10,000.00) or one (1) month community service.

(3)     A person who without reasonable excuse contravenes any of the provisions of this Part, commits an offence and is liable on conviction to a fine of Ten Thousand Naira (N10,000) or a term of imprisonment for three (3) months.

(4)     A grantee who fails to ensure compliance with the provisions of this Part commits an offence and is liable on conviction to a fine of One Hundred Thousand Naira (N100,000.00).

Power to make Regulations.

172.   The Bus Services may, subject to the approval of the Commissioner, make regulations in accordance with the Regulations Approval Law, for carrying into effect the provisions of this Part.

PART VII

  • MOTOR VEHICLE ADMINISTRATION AGENCY

Interpretation.

173.   In this Part, unless the context otherwise requires –

‘‘Agency’’ means the Motor Vehicle Administration Agency;

‘‘Articulated Vehicle’’ means a vehicle so constructed that it can be divided into parts both of which are vehicles and one of which is a motor vehicle which will when not so divided be treated for the purpose of this Part as a motor vehicle with the other part attached as trailer;

‘‘Commercial Vehicle’’ or ‘‘vehicle’’ means a hackney, a stage carriage, a tractor, a motorcycle and any motor vehicle primarily designed for the carriage of goods and passengers and include any other privately-owned vehicle;

‘‘Commissioner’’ means Commissioner for Transportation or a member of the State Executive Council charged with the responsibility for the management of the transportation sector in the State;

‘‘Government’’ means the Lagos State Government;

‘‘Governor’’ means the Governor of Lagos State;

‘‘Hackney’’ means any motor vehicle designed with official paintings or sticker approved by the Agency and constructed to carry not more than seven (7) persons, used or intended to be used for carrying passengers for hire or reward under a contract;

“House” means Lagos State House of Assembly;

‘‘Member’’ in relation to the Agency includes the Chairman;

‘‘Stage Carriage’’ means a motor vehicle, with official paintings or sticker approved by the Agency, 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 (8) persons, the passengers paying separate or distinct fares for their respective destinations, and will be deemed to include the expression ‘‘omnibus’’;

‘‘State’’ means Lagos State of Nigeria;

‘‘Sticker’’ means a gummed label or poster having the name of the Agency on it;

‘‘Trailer’’ means a vehicle drawn by a motor vehicle but does not include a side-car attached to a motorcycle.

Establishment of the Motor Vehicle Administration Agency.

174. (1)      There is established the Motor Vehicle Administration Agency (referred to in this Part as ‘‘the Agency’’).

(2)     The Agency shall –

(a)     be a body corporate with perpetual succession and a common seal;

(b)     have power to sue and be sued in its corporate name; and

(c)     be capable of acquiring, purchasing, holding, and disposing of movable or immovable properties for the purpose of carrying out its functions under this Part.

Functions of the Agency.

175.   The Agency shall –

(a)     register vehicles;

(b)     issue certificate of title of a vehicle in the prescribed form to an applicant whose name appears on the vehicle registration form and who provides evidence of ownership in respect of the vehicle;

(c)     demand and obtain in the prescribed form, an assignment of title by the registered owner of a vehicle in the event of transfer of ownership;

(d)     issue and renew-

(i)      vehicle licence;

(ii)     driver’s licence;

(iii)    learner’s permit;

(iv)    articulated vehicle licence;

(v)     Rider’s card; and

(vi)    such other licences as may be deemed necessary by the Agency and duly approved by the Commissioner.

(e)     stipulate conditions for the issuance of licences under this Law after consultation with the relevant agencies of the Ministry;

(f)      revoke, suspend or withdraw any licence granted under the provisions of this Part;

(g)     appoint corporate bodies to collect revenue on its behalf;

(h)     maintain statutory registers and database of all licences issued and revoked;

(i)      carry on such other activities as may be necessary for the discharge of its functions under this Part; and

(j)      ensure the distribution of its revenue in accordance with the provisions of this Law.

Establishment and Composition of the Governing Board.

176. (1) There is established for the Agency the Motor Vehicle Administration Agency Governing Board (referred to in this Part as ‘‘the Board’’).

(2)     The Board shall comprise of the following –

(a)     a Chairman;

(b)     a representative each of the following Ministries/Agencies not below Grade Level 15 or its equivalent –

(i)      Transportation;

(ii)     Economic Planning and Budget;

(iii)    Finance; and

(iv)    Justice;

(c)     Lagos Metropolitan Area Transport Authority (LAMATA);

(d)     Lagos State Traffic Management Authority.

(e)     a representative of the organised private sector; and

(f)      the General Manager of the Agency;

(3)     Members of the Board except the ex-officio member shall be appointed by the Governor subject to confirmation of the House.

Tenure of Office of Members of the Board.

177.   The Chairman and other members except the ex-officio members shall serve on part-time basis and shall hold office for a term of four (4) years and may be eligible for another term of four (4) years only.

Remuneration and Allowances.

178.   Members of the Board shall be paid such remuneration and allowances as the Governor may determine.

Meetings of the Board.

179.   The Board shall meet at least once every quarter but not less than five (5) times a year.

Quorum.

180.   The quorum at a meeting of the Board shall be five (5).

Proceedings of the Board.

181.   The Board shall regulate its own proceedings for the purpose of carrying out its functions under this Law.

Validity of Proceedings.

182.   The validity of proceedings of the Board shall not be affected by-

(a)     a vacancy in its membership;

(b)     any defect in the appointment of a member; or

(c)     reason of the fact that any person not entitled to take part in the proceedings did so.

Disclosure of Interest.

183.   A member of the Board who has a personal interest in a contract or transaction entered into or proposed to be considered by the Board must immediately declare such interest to the Board and shall not vote on any deliberation relating to the contract or transaction.

Voting.

184. (1) All questions at a meeting of the Board shall be determined by the majority of votes of the members of the Board present and voting.

(2)     At a meeting of the Board each member other than the General Manger shall have a deliberative vote, and if there is equality of votes, the Chairman shall have a second or casting vote.

Cessation of Office of Members of the Board.

185. (1)      A member may –

(a)     be removed from office by the Governor for inability to discharge the functions of the office, as a result of infirmity of the body or mind or for an act of misconduct; or

(b)     resign by giving a month’s notice in writing, addressed to the Governor and that member shall cease to be a member on the date of acceptance of the resignation by the Governor.

(2)     A member may also be removed from office if that member has –

(i)      been adjudged or otherwise declared insolvent or bankrupt and has not been rehabilitated or discharged;

(ii)     made an assignment, arrangement or composition with creditors which has not been rescinded or set aside;

(iii)    been adjudged, by a court of competent jurisdiction, to be of unsound mind;

(iv)    been banned from professional practice; or

(v)     been convicted of an offence and sentenced to a term of imprisonment imposed with or without the option of a fine, whether or not any portion of the term has been suspended.

(3)     The Governor may at any time remove a member from office, if in the Governor’s opinion, it is in the interest of the public for such member to be removed from the Board.

Common Seal of the Agency.

186. (1) The common seal of the Agency shall be determined by the Board, and the affixing of the common seal shall be authenticated by the signatures of the General Manager and the Secretary, or of some other members authorised by the Board to act for that purpose.

General Manager of the Agency.

187. (1) There shall be for the Agency a General Manager who shall be appointed by the Governor subject to the confirmation of the House.

(2)     The General Manager shall be –

(a)     the Chief Executive and Chief Accounting Officer of the Agency;

(b)     responsible for implementation of the decisions of the Board;

(c)     responsible for general administration and implementation of the policies of the Agency;

(d)     assisted in the discharge of duties by such officers as may be required.

(3)     The terms and conditions of appointment of the General Manager shall be as specified in the letter of appointment.

Legal Adviser of the Agency.

188. (1)      There shall be for the Agency a Legal adviser with at least fifteen (15) years post call experience.

(2)     The Legal Adviser shall –

(a)     render legal services to the Agency in compliance with applicable Laws and Regulations; and

(b)     perform such other duties as may be directed by the General Manager.

Secretary of the Agency.

189.   There shall be for the Agency a Secretary with at least fifteen (15) years working experience who shall –

(a)     prepare and attend all meetings of the Board, rendering all necessary secretarial services in respect of meetings;

(b)     maintain all registers and records of the Agency;

(c)     give all notifications as may be required by this Law or any other law; and

(d)     carry out such other duties as may be directed by the General Manager.

Staff of the Agency.

190.   The Agency may employ other officers as may be necessary for the due and proper execution of its functions under this Law.

Revenue of the Agency.

191. (1) Subject to the approval of the Governor, the Agency may appoint suitable private sector organisations for the collection of its revenue.

(2)     All revenue of the Agency as may be collected on its behalf by the private sector organisations shall be paid into a designated account(s).

(3)     All gross revenue payable into such designated account, net of agreed commission to private sector organisations engaged for collection of the revenue, shall be distributed on a weekly basis in the following manner –

(a)     40 percent to the State Treasury;

(b)     50 percent to Transport Trust Fund;

(c)     5 percent to the State Ministry of Transportation; and

(d)     5 percent to the account of the Agency.

(4)     The Agency shall constitute a Revenue Monitoring Committee comprising representatives of the –

(a)     Agency including the Secretary and Legal Adviser;

(b)     State Treasury Office; and

(c)     Ministry of Transportation.

(5)     The Revenue Monitoring Committee shall reconcile the revenue distribution on a monthly basis.

Registration and Licensing of Vehicles.

192. (1) The owner of a vehicle or trailer shall on the payment of the prescribed fees, register and obtain a licence in respect of same.

(2)     The licence, issued under this Section, shall expire at the end of a period of twelve (12) months.

(3)     The Agency shall assign to each registered vehicle a Vehicle Identification Tag which shall be displayed on the Vehicle showing the –

(a)     Number plate; and

(b)     Agency serial number.

Temporary Vehicle Identification Tag.

193.   Subject to the provisions of Section 192 above, a temporary vehicle identification tag shall be issued to the owner of an unregistered vehicle for a period of one (1) month while registration is on-going.

Conditions and Forms of Application.

194. (1) An application for the issuance of a vehicle, hackney or stage carriage licence shall be made to the Agency by the owner of the vehicle and such vehicle shall be registered within the State.

(2)     The form and condition for the issue of hackney and stage carriage licences will be specified by the Agency.

Fees.

195.   The Agency shall, in consultation with relevant transport agencies in the State recommend fees chargeable for –

(a)     issuance and renewal of licences under this Law;

(b)     registration of a vehicle or a hackney or stage carriage or for such other related matters undertaken by the Agency:

Provided that the time frame for review of chargeable fees shall not exceed three (3) years.

Prohibition of Use of Unregistered and Unmarked Vehicles.

196. (1)      A person shall not drive a vehicle on a highway unless such vehicle is registered or licenced under this Law and have affixed on it an identification mark in the prescribed manner.

(2)     A person shall not be liable to a penalty for a breach of subsection (1) of this Section if proven that reasonable steps have been taken to comply with this requirement.

Copy of the Agency’s Records.

197.   An extract of an entry in a register and other records of the Agency shall be prima facie evidence of a matter, fact or thing stated or appearing on it.

Accounts and Audit.

198. (1) The Agency shall keep proper account of all its trans actions and ensure it conforms with the financial policy of the State.

(2)     The accounts must be produced and audited by external auditors appointed by the Agency from a list of auditors approved by the Auditor-General of the State within six (6) months after the end of each financial year.

Report on Audited Account.

199. (1)      The Agency must, within six (6) months after the end of each financial year, furnish the Governor with a –

(a)     copy of the audited account of the Agency;

(b)     copy of the annual general report and full report of the external auditor; and

(c)     detailed report of the state of affairs of the Agency for that financial year.

(2)     The audited account and annual report of the Agency shall be published in the State Official Gazette after complying with the provisions of subsection (1) of this Section.

Power to make Regulations.

200.   The Agency may, subject to the approval of the Commissioner, make regulations generally in accordance with the Regulations Approval Law, for carrying into effect the provisions of this Law and specifically for –

(a)     conditions and forms in respect of licences or permits issued pursuant to this Law;

(b)     forms of certificate of motor vehicle;

(c)     fees to be paid for the issuance of a licence, permit or certificate issued under this Law; and

(d)     any other matter incidental to the effective performance of its functions under this Law.

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