FEDERAL ROAD SAFETY COMMISSION ACT: PART II Establishment, functions and ranks of members of the Road Safety Corps

PART II

Establishment, functions and ranks of members of the Road Safety Corps

11.    Establishment and functions of the Road Safety Corps

(1)    There is hereby established for the Commission, a body to be known as the Federal Road Safety Corps (in this Act referred to as “the Corps”) which shall consist of such number of uniformed and non-uniformed members as may be determined, from time to time, by the Commission with the approval of the President.

(2)    The Corps shall discharge functions relating generally to—

(a)    making the highways safe for motorists and other road users;

(b)    recommending works and devices designed to eliminate or minimise accidents on the highways and advising the Federal Ministry of Works and Housing on the localities where such works and devices are required;

(c)    educating motorists and members of the public on the importance of discipline on the highways; and

(d)    designing the driver’s licence to be used by various categories of vehicle operators;

(e)    determining, from time to time, the requirements to be satisfied by an applicant for a driver’s licence;

(f)     designing vehicle plate identification numbers and controlling the use of speed limiting devices; and

(g)    the standardisation of highway traffic codes.

(3)    In particular, but without prejudice to the generality of the provision of subsection

(2)    of this section, members of the Corps shall, subject to the provisions of this Act, be charged with responsibility for—

(a)    preventing or minimising accidents on the highways;

(b)    clearing obstructions on any part of the highways;

(c)    educating drivers, motorists and other members of the public generally on the proper use of the highways;

(d)    giving prompt attention and care to victims of accidents;

(e)    conducting researches into causes of motor accidents and methods of preventing them and putting into use the result of such researches;

(f)     determining and enforcing speed limits for all categories of roads and vehicles;

(g)    co-operating with bodies or agencies or groups engaged in road safety activities or in the prevention of accidents on the highways;

(h)    making regulations in pursuance of any of the functions assigned to the Corps by or under this Act;

(i)     regulating the use of sirens, flashers and beacon lights on vehicles other than Ambulances and vehicles belonging to the Armed Forces, Nigeria Police, Fire Service and other para-military Agencies;

(j)     performing such other functions as may, from time to time, be assigned to the Corps by the Commission.

(4)    In the exercise of the functions conferred by this section, members of the Corps shall have power to arrest and prosecute offenders reasonably suspected of having committed any of the following offences and serve same with a court summons or notice of offence sheet, that is—

(a)    obstructing highway with a vehicle or any other object;

(b)    driving or riding any vehicle on the highway in excess of the prescribed speed;

(c)    wrongful overtaking of another vehicle;

(d)    failing to obey traffic lights, road signs or pavement markings;

(e)    driving or riding a vehicle without carrying breakdown transparent warning cones or triangles, or in the case of a breakdown, without reporting within reasonable time of the breakdown to members of the Corps so that necessary measures may be taken to effect the removal of the breakdown vehicle from the highway;

(f)     being on a road without lights, signs or reflectors as required by law;

(g)    contravention of the provisions of any order, bye-laws, regulations or rules relating to—

(i)     the route to be followed by vehicles generally or by vehicles of the class to which the vehicle belongs; or

(ii)    the roads which are to be used for traffic by such vehicles;

(h)    being on a road without a valid vehicle licence or identification mark being displayed;

(i)     being on a road without the driver thereof being in possession of a valid driving licence or any other licence or permit required by law;

(j)     driving a motor vehicle on a highway recklessly or negligently or at a speed or in a manner which is dangerous to the public;

(k)    driving or attempting to drive a motor vehicle on a highway under the influence of drugs or alcohol;

(l)     operating a vehicle with forged driving or insurance papers;

(m)   unauthorised removal of, or tampering with, road warning signs;

(n)    creating a road hazard without adequate warning signs;

(o)    removing a vehicle on which the sign DO NOT MOVE has been pasted by members of the Corps or other duly authorised body;

(p)    failure to observe speed limit erected at road construction areas;

(q)    in the case of slow vehicles failure to move to the extreme shoulder of the road where up to four vehicles are held up, unable to overtake;

(r)     in the case of a vehicle carrying a load of gravel or other unstable material, failure to cover such material with tarpaulin or strong plastic;

(s)    failure to display number plates on vehicles;

(t)     carrying passengers or loads in excess of the number a particular vehicle is licensed to carry;

(v)    in the case of road construction companies, failure to provide adequate warning signs at construction areas day or night;

(w)    driving a vehicle without a spare tyre or with tyres whose threadings are worn out;

(x)    driving a vehicle without a windscreen;

(y)    driving a vehicle with a projecting load and without a red flag warning attached to the end of the projecting load; and

 (z)   operating a commercial vehicle without a hackney permit.

(5)    In the discharge of the functions of the Corps by or under this Act and notwithstanding the provision of section 17 (1) of this Act, a member of the Corps shall have power to—

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

(b)    remove and detain for a reasonable length of time any vehicle which has been parked in a manner that causes an obstruction on a highway:

Provided that no vehicle shall be removed or detained where there is reasonable cause to believe that such action would cause damage to the vehicle, but the owner or driver of the vehicle shall pay a sum of twenty naira for every day or part thereof of such obstruction in addition to any other penalty which may have been prescribed under this Act;

(c)    endorse, after conviction, any driving licence indicating the offence committed by its holder;

(d)    seize, when necessary, the driver’s licence of any person suspected to have committed an offence under this Act and the documents or particulars in respect of the vehicle by which the offence is suspected to have been committed;

(e)    impound a vehicle suspected to have been stolen where the driver of the vehicle fails to produce on demand and to the satisfaction of the member of the Corps the particulars of such vehicle;

(f)     tow away and park such impounded vehicle in the premises of the Corps and promptly notify the police of the matter for further investigation;

(g)    declare an offender as wanted when he fails to report to answer charges against him under this Act;

(h)    impound any vehicle by which an offence under this Act is reasonably suspected to have been committed;

(i)     arrest and prosecute an offender offering bribe to a member of the Corps or attempting to corrupt a marshal on duty.

(6)    The driver or owner of a vehicle shall be liable to pay a sum of ten naira for every day or part thereof during which the vehicle is detained:

Provided that if the driver or owner of the vehicle fails to reclaim such vehicle within six months of the date of its detention the Corps may apply to the High Court for an order forfeiting the vehicle to the Corps which may thereafter dispose of the vehicle by public auction and deposit the proceeds of sale in the Government Treasury.

(7)    Any person who contravenes any of the provisions of subsection (4) of this section or commits any offence under this Act shall be liable on summary conviction to penalty as specified in the relevant section of the enactment concerned with the offence or, as the case may be, in respect of offences specified in column 1 of the Second Schedule to this Act, as prescribed in the second column of the Second Schedule to this Act.

(8)    A person suspected of having committed an offence under this Act may be prosecuted in any magistrate’s court or area court in the ’’Federal’ ’’Capital’ ’’Territory’, ’’’’Abuja’’ or the State within which the offence is committed.

(9)    For the purpose of a speedy trial of traffic offenders under this Act, the Chief Judge of a State or the Federal Capital Territory, Abuja shall have power to establish special or mobile courts.

(10) Notwithstanding the provisions of subsection (7) of this section, the court convicting an offender under this Act 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 Act.

(11) For the purposes of enforcing or prosecuting offences under this Act, the Road Traffic Laws of a State, the Federal Highways Act and any regulations made under these Acts shall apply to this Act.

12.    Ranks of members of Road Safety Corps

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

(a)    route commander;

(b)    vehicle inspection marshal; and

(c)    road marshal.

(2)    The qualification for the appointment of members of the Corps shall be in accordance with the rules made by the Commission for that purpose.

13.    Route commander

Route commanders shall perform such functions as may, from time to time, be assigned to them by the Commission.

14.    Declaration of interest by members of the Corps

(1)    A person shall, before he is appointed as a member of the Corps, be required to declare his interest, if any, in any transport or other business organisation undertaking transportation of passengers, of goods or engaged in the manufacturing or sale of any equipment used by the Corps.

(2)    A member of the Corps who acquires any financial interest in any organization undertaking transportation of passengers or goods or in the production or sale of any equipment used by the Corps, shall, within one month of such acquisition, give notice thereof in writing to the Commission specifying the interest so acquired and the Commission may, after taking into consideration all the circumstances of the case, decide whether—

(a)    to retain him as a member of the Corps; or

(b)    to remove him from such membership; or

(c)    attach any condition to his membership.

15.    Provision of equipment

The Commission shall provide for the service of members of the Corps such

equipment as the Commission may consider necessary for the effective and efficient discharge of the functions conferred by and under this Act; including the provision of uniforms, identification cards, light reflecting night garments, raincoats, high-powered motor-cycles, motor cars, ambulances, recovery vehicles, two-way mobile radio, telephone sets and powerful torches.

16.    Jurisdiction and operational zones

(1)    The operation of the Corps shall cover all public highways, and for the administration of this Act the Commission shall create operational zones, each of which shall be under the control of an officer appointed by the Commission.

(2)    The Commission may deploy to each operational zone such numbers of route commanders, vehicle inspection marshals and road marshals as it may deem sufficient for enforcing the provisions of this Act within the operational zone.

17.    Immunity and protection of members

1)     A member of the Corps and a non-uniformed regular or special marshal shall not, when on duty, be liable for any act validly done by him in the exercise of his duties and within the limit of the powers conferred on him by this Act or any rules or regulations made thereunder.

(2)    Any person who obstructs or assaults a member of the Corps in the performance of his duties shall be liable on conviction to a fine of one hundred naira or to imprisonment for six months or to both such fine and imprisonment.

18.    Members to be regarded as persons in the public service of the Federation, etc.

(1)    Services by members of the Corps under this Act shall be deemed to be public service of the Federation within the provisions of section 318 (1) of the Constitution of the Federal Republic of Nigeria, 1999.

 (2)   The Commission may require any person employed as a member of the Corps to undergo such courses of training related to the functions of the Corps under this Act and at such institutions or organisations, as the Commission may, from time to time, decide.

19.    Allocation of service numbers

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

(2)    The service number shall be the identity number of the member and shall be affixed in the case of a uniformed marshal on the shoulder flap or such other conspicuous part of his uniform as the Commission may decide.

(3)    A uniformed member of the Corps shall be in his uniform whenever he is on duty in his office or on the highway.

20.    Special power of the members of the Corps

For the purpose of carrying out or enforcing the provisions of this Act, such members of the Corps, as may be determined by the Commission, exposed to high risk in the enforcement of the provisions of this Act, shall have the same powers, authorities and privileges (including power to bear arms) as are given by law to members of the Nigeria Police.