FEDERAL ROAD SAFETY COMMISSION ACT: PART I - Establishment, functions and power of the Federal Road Safety Commission

PART I

Establishment, functions and power of the Federal Road Safety Commission

1.     Establishment and composition of the Federal Road Safety Commission, etc.

(1)    There is hereby established for Nigeria a Federal Road Safety Commission (hereinafter in this Act referred to as “the Commission”) which under that name shall be a body corporate with perpetual succession and a common seal, and may sue and be sued in its corporate name and whose members shall exercise the functions specified in this Act.

(2)    The Commission shall consist of—

(a)    a Chairman and ten other persons to be appointed by the President; and

(b)    the Director of the Corps.

(3)    The provisions of the First Schedule to this Act shall apply with respect to the proceedings of the Commission and the other matters provided therein.

2.     Tenure of office of members

(1)    Subject to subsection (2) of this section, a member of the Commission other than an ex-officio member shall hold office for such period (not exceeding three years) as may be specified in his letter of appointment.

(2)    Notwithstanding anything to the contrary in the letter by which he is appointed, a member of the Commission other than an ex-officio member, may at any time resign his appointment by writing under his hand, a letter addressed to the President and the membership of the person concerned shall terminate on the date of receipt of the letter of resignation.

(3)    The President may at any time remove any member from office if in his opinion it is in the interest of the Commission or of the nation for such member to be removed from the Commission.

3.     Control of policy by the Commission

(1)    The Commission shall be charged with the responsibility for—

(a)    the policy making;

(b)    the organisation; and

(c)    the administration, of the Federal Road Safety Corps established by and under section 1 of this Act.

(2)    In particular, it shall be the duty of the Commission to—

(a)    draw up (progressive) programmes of training for members of the Federal Road Safety Corps designed for securing their effectiveness and efficiency in the performance of its functions under this Act; and

(b)    appoint suitable persons as corps marshals, deputy corps marshals, route commanders, road marshals, vehicle inspection marshals and other servants or agents as would in the opinion of the Commission enable it to achieve the objectives of this Act and exercise disciplinary control over persons so appointed.

4.     Delegation of powers

The Commission may, subject to such conditions as it may think fit, delegate any of its powers under this Act to any of its members or to the Director.

5.     Power to make regulations Subject to the provisions of sections 7 and 8 of this Act the Commission may make regulations generally for the carrying out of the objectives of this Act and, in particular, may make regulations relating to—

(a)    ranks, pay and allowances of members of the Corps;

(b)    hours of duty and leave of the members of the Corps;

(c)    the procedure and terms of appointment of members of the Corps;

(d)    subject to the provision of this Act, the qualification for appointment of members of the Corps or any ranks and the procedure for promotion to any such rank;

(e)    the maintenance of discipline among members of the Corps;

(f)     the establishment, investigation and certification of driving schools other than those established by the Commission under this Act; and

(g)    implementation of highway regulations made by the States and the Federal Capital Territory, Abuja in respect of the proof of ownership of a vehicle, the registration and licensing of vehicles, the roadworthiness of vehicles and such other matters pertaining to making the highways safe.

6.     Directives of the President

(1)    The President may give directives of a general or a special character to the Commission relating to the performance by the Commission of any or all of its functions under this Act or the policy to be followed by the Commission in the exercise of its functions and it shall be the duty of the Commission to comply with and give effect to any such directives.

(2)    The Commission shall furnish the President with such information and returns relating to its current and proposed activities as the President, may, from time to time, require and the Commission shall give the President all facilities for verifying the information or returns so furnished.

7.     Director of the Road Safety Corps

(1)    There shall be a Director of the Corps who shall be appointed by the President and who shall be a person possessing sound knowledge of and ability in the organisation and administration of road traffic and road safety matters.

(2)    The Director shall be the chief executive of the Corps and shall be exclusively responsible for the execution of the policies and decision of the Commission and for carrying into effect the day-to-day activities of the Corps.

(3)    Without prejudice to the provisions of subsection (2) of this section, the Director shall—

(a)    exercise general supervision and control over members of the Corps and the other staff of the Commission;

(b)    direct the activities of members of the Corps and of the officer and servants of the Commission;

(c)    manage the Commission’s financial affairs; and

(d)    deploy the human and material resources of the Commission in such manner as will best ensure the attainment of the aims and objectives of this Act.

8.     Education centre for drivers

(1)    The Commission shall, as soon as may be after the commencement of this Act, establish, in each State or operational zone, a model driving school as a standard for driving schools in each State or operational zone and for the testing and retraining of drivers.

(2)    The driving schools shall—

(a)    provide training in driving and in road traffic regulations to potential drivers; and

(b)    organise seminars and provide education in road traffic regulations and improved driving techniques to persons who are already holding permits or licences to drive and handle motor vehicles on the highways.

(3)    The driving school shall award certificates to students or trainee drivers who successfully complete the courses prescribed by the school.

(4)    The Commission shall provide such facilities for the driving schools as may enable them to achieve its objectives under this section.

9.     Funds and resources of the Commission The funds of the Commission shall consist of—

(a)    such funds as may, from time to time, be provided by the Federal Government;

(b)    any other sum or property which may in any way become payable to or vest in the Commission.

10.    Accounts and audit

The Commission shall keep proper accounts, in a form which conforms with accepted commercial standards, of its receipts, payments, assets and liabilities and shall submit the accounts annually, for auditing by a qualified auditor from the list of auditors supplied by the Auditor-General of the Federation.