LAGOS STATE TRAFFIC MANAGEMENT AUTHORITY LAW

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LIST OF LAWS OF LAGOS, [ALPHABETICAL]  

LAGOS STATE TRAFFIC MANAGEMENT AUTHORITY LAW

[REPEALED BY THE LAGOS STATE TRANSPORT SECTOR REFORM LAW]

ARRANGEMENT OF SECTIONS

1.       Establishment of the Lagos State Traffic Management Authority

2.       Establishment and Composition of the Advisory Board

3.       Appointment to the Advisory Board

4.       Tenure of Office of Members of the Advisory Board

5.       Remuneration of members of the Advisory Board

6.       Advisory Board proceedings

7.       Meeting of the Board

8.       Quorum at Advisory Board meetings

9.       Function of the Board

10.     Power to make regulation

11.     Chief Executive Officer of the Authority

12.     General Manager of, the Authority

13.     Secretary to the Authority

14.     Functions of the Authority

15.     Powers of the Authority under the Schedule

16.     False Information by Offender

17.     Establishment of Traffic Corp

18.     Traffic fines ticket

19.     Ranks of members of the Authority

20.     Declaration of interest by members

21.     Seal of the Board

22.     Provision of equipment and materials

23      Jurisdiction and operational zones

24.     Immunity of members

25.     Service by members

25.     Allocation of service numbers

21.     Funds and resources of the Authority

28.     Accounts

29.     Operation of Bank accounts

30.     Interpretation

31.     Citation and commencement

SCHEDULE – TRAFFIC OFFENCES AND PENALTIES

LAGOS STATE TRAFFIC MANAGEMENT AUTHORITY LAW

A LAW ESTABLISHING THE LAGOS STATE TRAFFIC MANAGEMENT AUTHORITY: TO REGULATE, CONTROL AND MANAGE TRAFFIC IN LAGOS STATE AND FOR CONNECTED PURPOSES

LAGOS STATE TRAFFIC MANAGEMENT AUTHORITY LAW

A LAW ESTABLISHING THE LAGOS STATE TRAFFIC MANAGEMENT AUTHORITY: TO REGULATE, CONTROL AND MANAGE TRAFFIC IN LAGOS STATE AND FOR CONNECTED PURPOSES

[Commencement]

Establishment, Functions and Powers of the Lagos state traffic

1.      Establishment of the Lagos State Traffic Man4gement Authority

(1)     There is established a body to be known as the Lagos State Traffic  Management Authority (referred to in this Law 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 specified in this Law.

2.      The Establishment and Composition of the Advisory Board a

(1)     There shall be an Advisory Board for the Authority (referred to as “the Authority”).

(2)     The Advisory Board sha11 consist of:

(a)     the Permanent Secretary of the Ministry of Transportation as Chairman;

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

(c)     one [1) representative of the State Ministry of Transportation;

(d)     one (1) representative of the State Ministry of Works;

(e)     one representative of the State Ministry of the Environment;

(f)      one (1) representative of the State Ministry of Physical Planning;

(g)     one (l) representative of the State Ministry of Finance;

(h)     one (1) representative of the State Ministry of Economic Planning and Budget;

(i)      one (1) representative of the State Ministry of Education;

(j)      one (1) representative of the State Ministry of Justice;

(k)     one (1) representative of the State Ministry of Health;

(l)      one (1) representative of the Committee of Chairmen of Local Governments of Lagos State;

(m)    one (1) representative of the Lagos chamber of commerce and Industry, Lagos Island Millennium Group of the Environment;

(n)     one (1) representative of Transport-related Unions:

(o)     one (1 ) Transportation/Traffic Safety Consultant; and

(p)     the Chief Executive Officer of the Authority.

(3)     Representatives of the Ministry must be officers not less in rank than an Assistant Director.

3.      Appointment to the Advisory Board

The Governor shall appoint members of the Advisory Board.

4.      Tenure of Office of members of the Advisory Board

(1)     All members of the Advisory Board except the Chief Executive Officer shall be appointed to serve as part-time members.

The members of the Board shall hold office for a period of three (3)years and may be eligible for re-appointment for one (1) term of three (3) years’

(2)     Notwithstanding anything to the contrary in the letter of appointment, a member of the Advisory Board may at any time resign his appointment by writing, a letter addressed to the Governor, and the membership of the person concerned shall terminate on the date of receipt of the letter of resignation

(3)     The Governor may at any time remove any member from office, if in his ‘ opinion, it is in the interest of the Authority or of the State that such member be removed from the Advisory Board.

5.      Remuneration of members of the Advisory Board

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

6.      Advisory Board proceedings

The Board may make standing orders regulating the proceedings of the Board or of any committee thereof.

7.      Meeting of the Board

(1)     Subject to the provisions of any applicable standing orders, the Board shall meet whenever summoned by the Chairman; and if the Chairman is required so to do by notice given to him by not less than three other members, he shall summon a meeting of the Board to be held within twenty-one (21) days from the date of which the notice is given.

(2)     At any meeting of the Board, the Chairman or, in his absence, any member duly appointed by the Board, sha1l preside at the meeting.

(3)     Where the Board wishes to obtain the advice of any person on a particular matter, the Board may co-opt him as a member for such period as it thinks fit, but a person who is a member by virtue of this sub-paragraph shall not be entitled to vote at any meeting of the Board and shall not count towards a quorum.

8.      Quorum at Advisory Board meetings

The quorum of the Board shall be eight (8) and the quorum of any committee of the Board shall be determined by the Board.

9.      Function of the Board

The Advisory Board shall be charged with following functions:

(a)     reviewing progress of the programmes of the Authority;

(b)     recommending changes and additions to current programmes especially the annual work plan;

(c)     identifying areas of inter-departmental and inter governmental co-ordination;

(d)     offering technical advice to the Governor on traffic management and related Issues

(e)     denti1ring areas of expertise that can be applied to specific problems; and

10.    Power to make Regulations

Subject to the provisions of this Law, the Commissioner may give to the Authority, general or specific directions as to the policy to be followed in the exercise of its powers or as to performance of its function and in appropriate cases, the Commissioner may in accordance with the Regulations Approval Law make Regulations or orders for the purposes of the provisions of this Law, and the Authority shall comply with and give effect to such directions, regulations or Orders.

11.    Chief Executive Officer of the Authority

(1)     There shall be a chief Executive officer of the Authority who shall be appointed by the Governor and who shall be a person possessing sound knowledge in the organisation and administration of policies in road traffic management and transport safety matters.

(2)     The Chief Executive Officer shall:

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

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

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

(d)     manage the Authority’s finances; and

(e)     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.

12.    General Manager of the Authority

There shall be a General Manager of the Authority who shall be a person of sound knowledge and ability in the organisation and administration of road traffic management and transportation safety matters.

13.    Secretary to the Authority

(1)     There shall be a Secretary who shall be the Legal Adviser to the Authority and shall be-responsible to the Chief Executive Officer for the discharge of his functions and-

(a)     providing legal advice; and

(b)     generally performing all other duties affecting the Authority as may be specifically assigned to him by the Chief Executive Officer.

(2)     The Secretary shall be a legal practitioner of not less than grade level 15 in the State Civil Service.

14.    Functions of the Authority

The Authority shall discharge functions relating generally to:

(a)     controlling traffic and enforcing state and national Laws that govern the safe use of vehicles on roads in the State;

(b)     deterring and apprehending road traffic offenders;

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

(d)     reducing the incidence and severity of road traffic accidents;

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

(f)      identifying, developing, promoting and maintaining new or alternative methods of traffic management and road safety;

(g)     providing telephone accessible emergency towing services for broken down vehicles;

(h)     maintaining a register of traffic violators;

(i)      employing mobile and random breath testing methods to deter driving under the influence of alcohol;

(j)      safeguarding highways from encroachment from activities of markets the road-side trading, street ha*’king and alms begging;

(k)     safeguarding school children through school children crossing and school site zones;

(l)      safeguarding motor vehicles, motorcyclists, cyclists and pedestrians at railway level crossing;

(m)    safeguarding vehicles and pedestrians in construction zones, highways and

(n)     co-operating with Local, National, International bodies, Agencies or groups engaged in road safety activities or in the prevention of accidents on the highways;

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

(p)     doing anything for the purpose of 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 including the provision of facilities for training, education and research.

15. Powers of the Authority under the Schedule

(1)     In the exercise of the functions conferred on the Authority, members of the Authority shall have powers to arrest and prosecute traffic offenders reasonably suspected of having committed any of the offences specified under the Schedule to this Law.

(2)     In the discharge of the functions of the Authority by or under this Law, a member of the Authority shall have power to:

(a)     arrest any person suspected of committing or having committed an offence under this Law;

(b)     impound any vehicle by which an offence under this Law is reasonably suspected to have been committed until the case is determined or disposed of;

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

(d)     tow away and park impounded vehicles in the approved removed vehicle park;

(e)     declare an offender as wanted when he fails to report to answer charges against him under this Law.

(f)      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 each and every offence committed under this Law.

[Amended by Lagos State Traffic Management Authority (Amendment) law 2008]

(3)     After the first twenty-four (24) hours of detention, the driver or owner of the vehicle shall be liable to pay custody fees for every day during which the vehicle is detained: Provided that if the driver or owner of the vehicle fails to reclaim the vehicle within the period of six (6) weeks, the impounded vehicle shall be vested in the State Government which reserves the right to dispose of such vehicle as it deems fit.

(4)     Any person who contravenes the provisions of this Law commits an offence and is liab1e on conviction to the penalty as specified in the Schedule to the Law.

(5) (a) For the purpose of deterring traffic offenders, this Law empowers the Authority to introduce the penalty of point rating and apply the points contained in the third column of the Schedule for each traffic offence.

(b)     A cumulative number of penalty points by any offender, accumulated in one or more arrests would lead to the withdrawal of such an offender’s drivers’ licence for a period of six (6) months in the first instance.

(6)     Persons suspected to have committed an offence under this Law may be Prosecuted in any Magistrates’ court or Mobile Court in the State.

(7)     Notwithstanding the provisions of subsection (a) of this Section, the court convicting an offender under this Lau’ may impose a term of imprisonment not exceeding six months in lieu of any of the penalties provided for in the Second Schedule to this Law.

16.    False Information by Offender

Any person suspected of having committed an offence to which this section applies, and who refuses without lawful excuse to give an authorised officer any information demanded or gives a false name or address or any other false information to an authorised officer, shall be liable on summary conviction to a fine of Five Thousand Naira (N5,000.00) or to imprisonment for six (6) months.

17.    Establishment of Traffic Corp

(1)     There shall be for the Authority a non-uniformed volunteer Traffic Corp comprising persons appointed and known  as Special Traffic Mayors.

(2)     Any Special Traffic Mayor shall either alone or in conjunction with personnel of the Authority have all powers and perform all functions conferred on any member of the authority as contained in this Law.

[Amended by Lagos State Traffic Management Authority (Amendment) law 20081

18.    Traffic fines ticket

(1)     Any fine imposed on any person as set out in the Second Schedule to this Law shall be paid either on the spot where it is imposed by a Mobile Court or within twenty four(24) hours where imposed by a Road Traffic 0fficer on highway patrol. The offender in both instances shall obtain an official ticket showing the offence committed and the amount of fine paid.

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

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

19.    Ranks of members of the Authority

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

(a)     Chief Executive Officer;

(b)     General Manager (xxx);

(c)     Deputy General Manager (xxx);

(d)     Assistant General Manager (xxx);

(e)     Chief Road Traffic Officer (xxx);

(f)      Assistant Chief Road Traffic Officer (xxx);

(g)     Principal Road Traffic Officer (xxx);

(h)     Senior Road Traffic Officer (xxx);

(i)      Road Traffic Officer I (xxx);

(j)      Road Traffic Officer II (xxx);

(k)     Trainee Traffic Officer (xxx);

(l)      Chief Traffic Assistant (xxx);

(m)    Assistant Chief Traffic Assistant (xxx);

(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;

(x)     Assistant Patrolman.

(2)     The entry qualification for the appointment of members 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 its equivalent:

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

(3)     Uniformed members of the Authority in addition to the conditions prescribed in section 15(2) above would also be required to be:

(a)     physically fit:

(b)     of minimum height 1.67 meters (5 ft 6 in) for the male members; and

(c)     of minimum height 1 62 meters (5 ft 4 in) for the female members.

20.    Declaration of interest b1′ members

(1)     A person shal1. before he is appointed as a member of the Authority, be required to declare iris 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;

(c)     manufacturing or selling any equipment used by the Authority’

(1)     A member of the Authority who acquires any financial interest in a business involved in subsection (l)(a)-(c) of the Section shall within one month of such acquisition give notice of the acquisition in writing to the Authority specifying the interest so acquired and the Authority may, after taking into consideration all the circumstances of the case, decide whether-

(a)     to retain him as a member of the Authority;

(b)     to remove him from such membership; or

(c)     attach any condition to his membership.

21.    Seal of the Board

The fixing of the seal of the Board shall be authenticated by the signature of the Chairman or some other member authorised generally or specially by the Board to act for that purpose.

22.    Provision of equipment and materials

The Authority shall provide for the service of members such equipment as the Authority may consider for the effective and efficient discharge of the functions conferred and under this Law; including the provisions of uniforms, identification cards, retro-effective jackets, raincoats, high-powered motor-cycles, patrol car, ambulances, recovery vehicles, two-way mobile radio, telephone sets, computers, rescue tools and powerful torches.

23.    Jurisdiction and operational zones

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

(1)     For the administration of this Law, 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 members of Traffic Control Officers as it may deem sufficient for enforcing the provisions of this Law within the operational zone.

24.    Immunity of members

A member of the Authority or a Special Traffic Mayor shall not be liable for any act lawfully done in the exercise of duty and within the limit of the powers conferred by this Law or any rules or regulations made there under.

[Amended by Lagos State Traffic Management Authority (Amendment) law 2008]

25.    Service by members

(1)     Service br. members of the Authority shall be deemed as service in the Public Service of the State Government.

(2)     The Chief Executive Officer ma1, require an-y person employed as a member 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.

26.    Allocation of service numbers

(1)     Every member of the Authority shall be allocated, a service number, which shall be prefixed against his name in the register of members to be kept in the Authority.

(2)     The service number sha11 be the identity number of the member and shall be affixed in the case of a uniformed member above the breast pocket of the shirt or such other conspicuous part of his uniform as the Authority may decide.

(3)     A uniformed member of the Authority shall be in his uniform whenever on duty.

Finances of the Authority

27.    Funds and resources of the Authority

(1)     The funds and resources 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)     the sums of or other property as may from time to time be advanced by way of loans or grants to the Authority by any other Government Agency or institution, any international organisation or private foundation or any person;

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

(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 or of any matter incidental thereto under this Law.

28.    Accounts

(1)     The form of accounts sha1l be such as to secure the provision of separate information in respect of each of the main activities and department of the Authority.

(2)     The accounts shal1 be audited annually by external auditors appointed by the Governor from a list of approved Auditors provided by the Auditor-General of the State.

(3)     The Authority shall within six 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 fuIl 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.

(4)     The Authority shall cause audited account and the Annual Report of the Authority  to be established in the State Government Official Gazette after complying with subsection (4) of this section and available, on demand, to the public.

29.    Operation of Bank Account

The Authority shall operate funds with a reputable bank or banks in the State and the signatories to the account shall be the Chief Executive Officer and Head of Accounts as signatories or their designated representatives as duly authorised by the Authority.

30.    Interpretation

In this Law, unless the context otherwise requires-

“Authority” means the Lagos State Traffic Management Authority;

“Commissioner” means Commissioner for Transportation;

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

“financial year” means every period of twelve (12) months terminating on the 3lst day of December;

“Government” means Government of Lagos State;

“Governor” means Governor of Lagos State;

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

“State” means the Lagos State of Nigeria;

“Traffic Mayor” means volunteer traffic controller.

31.    Citation and commencement

This Law may be cited as the Lagos State Traffic Management Authority Law and shall commence on the……………………………..day of. …….2004.

LAWS OF LAGOS STATE

LAWS OF THE FEDERAL REPUBLIC OF NIGERIA