FEDERAL ROAD SAFETY COMMISSION ACT
SUBSIDIARY LEGISLATIONS
List of Subsidiary Legislation
National Road Traffic Regulations.
1. Establishment of State Directorates of Motor Vehicle Administration.
2. Application for Registration RS Form NMV A/93/l.
3. Registration and assignment of identification mark.
4. Registration Categories
5.
6. Verification of weights.
7. Registration book.
8. Change of ownership.
9. Change of colour of a vehicle.
10. Supplying particulars.
11. Unauthorised entry, etc., in registration book.
12. Appeal
13. Issue of licence.
14. Power to refuse licence in certain cases.
15. Appeal
16. Refund of portion of fee paid.
17, Special trade licence.
18. Production of licence.
19, Replacement of lost or defaced licence.
20. Change of licence.
21. Licence on change of classification of vehicle.
22. Form of identification mark, etc.
23. Classes of licence.
24. Photograph of the applicant.
25. Driving test.
26. Form of driving licence, etc.
27. Conduct of driving test.
28. Learner's permit.
29. Certificate as to group of licence.
30. Learner's sign.
31. Replacement of defaced or illegible licence.
32. Replacement of lost or stolen licence.
33. Convictions to be reported to Central Motor Registry.
34. Conditions for licensing.
35. Use and construction of taxis.
36. Use and construction of multi-purpose vehicle.
37. Use and construction of omnibuses.
38. Use and construction of multi-purpose vehicle.
39. Private use of stage carriage or omnibus.
40. Route restriction.
41. Power of State Motor Vehicle Administration to fix fares.
42. Table of fares and timetable to be carried and exhibited.
43. Badges.
44. Conductor's badges.
45. Wearing of badges. IV 11
46. Surrendering of driver's and conductor's badges. (1£1
47. Person in charge of stage carriage of omnibus.
48. Prohibition of noise, etc.
49. No smoking while driving. '
50. First two taxi drivers to stay by.
51. Taxi drivers not to stop longer than necessary.
52. Taxi driver refusing to be hired without reasonable excuS4
53. Procedure regarding property left in vehicle.
54. Person travelling in stage carriage or omnibus.
55. Maintenance of passenger manifest by commercial vehicles
56. Use and construction of motor vehicles and trailers
57. Tyres, etc.
58. Brakes.
59. Silencers and exhaust.
60. Lighted lamp.
61. Approved guidelines.
62. Driving mirrors.
63. Wheel alignment.
64. Steering apparatus.
65. Springs.
66. Laminated windscreen and safety glass.
67. Windscreen wipers.
68. Mudguards.
69. Speedometers.
70. Spirit tankers.
71. General.
72. Leg guards.
73. Exemption and issue of permits.
74. Conditions for use of trailer.
75. Motor vehicle with right hand driver.
76. Illuminated indicators, etc.
77. Examination of commercial and private vehicle.
78. Vehicles not to exceed 32 tonnes.
79. Motor vehicles to have reflex reflectors.
80. Trailers to be equipped with reflectors.
81. Asserting of weight.
82. Breach of Regulations.
83. Driving speed limit, etc.
84. Rule of ti:1e road.
85. Rule of the road and commercial vehicle, etc.
86. Provision relation to motorcycle driver and passenger.
87. Molesting or obstruction of the driver.
88. Stoppage of machinery of stationary motor vehicle, etc.
89. Punishment for contravening Part VII.
90. Removal of vehicles from highways.
91. Provision relating to removed vehicles park, etc.
92. Procedure for reclaiming removed vehicle.
93. Failure to reclaim vehicle.
94. Maximum period of driving commercial vehicles.
95. Prohibition of animals on expressway.
96. Prohibition of motorcyclists, etc.
97. Agricultural machine.
98. Loading.
99. Boarding, etc., of vehicles.
100. Provisions as to weight, etc.
101. Provisions as to length.
102. Loads.
103. Speed.
104. Stoppage on the expressway.
105. U-turns, etc.
106. Parking.
107. Marks on vehicles to be renewed as often as necessary.
108. Power to inspect vehicle.
109. Report of road accident.
110. Disposal of fees.
111. Provisions relating to exempted bodies.
112. Provisions relating to vehicles other than motor vehicles.
113. Bicycle, pedestrians, animals, etc.
114. Competent authority.
115. Examination of vehicles for international certificate.
116. Application for international certificate.
117. International certificate.
118. Application for fiscal permit.
119. International circulation permit.
120. Exemption from local taxation.
121. Issue of international permit.
122. Period which permit is valid.
123. Production of documents.
124. Information given on transfer.
125. Surrender of permit on expiration.
126. Duplicate.
127. Visibility of permit.
128. Record of vehicles.
129. International sign of vehicles.
130. Lighting provision applicable to international signs.
131. Application for international driving permit.
132. Issued only to residents in Nigeria.
133. Fee and duration.
134. Permit not transferable.
135. Exemption in Nigeria to holder of permit issued elsewhere.
136. Register of permit.
137. Power of court in relations to permits.
138. Exemption of vehicles and plant used in construction and fire engines, etc.
139. Exemption in respect of registered military vehicles.
140. Revision of Highway Code.
141. Offences in relation to licence, etc.
142. Offences against these Regulations.
143. Power to issue notice of offence.
144. Delegation of powers to make other regulations.
145. Amendments, etc.
146. Interpretation.
147. Citation.
SCHEDULES
NATIONAL ROAD TRAFFIC REGULATIONS
[S.I. 3 of 1997.]
[7th April, 1997] [Commencement.]
1. Establishment of State Directorates of Motor Vehicle Administration
There is hereby established, for the purposes of these Regulations, in each State of the Federation and the Federal Capital Territory, Abuja, a State Directorate of Motor Vehicle Administration.
PART I
Registration of vehicles
2. Application for Registration RS Form NMVA/93/1
(1) Any person applying to register a vehicle shall submit to a licensing authority an application for registration duly completed as in RS Form NMVA/93/l as specified in Schedule 1 of these Regulations and pay to the licencing authority the fees prescribed in Schedule 2 of these Regulations.
(2) An application to register a vehicle shall be accompanied by a certificate of payment or exemption from payment of import duty issued by or under the authority of the Board of Customs and Excise, where the vehicle is an imported vehicle.
(3) An application to register -
(a) a trailer; or
(b) a commercial vehicle, with the axle weight or any of its axles exceeding 10 tonnes or tandem axles exceeding 16 tonnes gross weight, shall be accompanied by a consent required to be given in writing given under the provisions of regulation 78 of these Regulations.
3. Registration and assignment of identification mark
(1) Subject to paragraphs (3) and (4) of this regulation, a licensing authority shall on receipt of a proper application and fee, if any, register the particulars of the vehicle and if the vehicle was not previously registered in Nigeria, or if the vehicle was previously owned by an exempted body within the meaning of regulation 139 (2) of these Regulations, assign to it an identification mark with the local government code.
(2) If any person applies for a special identification mark in respect of a vehicle used by an exempted body, the licensing authority may, with the approval of the principal licensing officer and on payment to the licensing authority of the prescribed fee, assign to the vehicle the specific identification mark for which the application has been made:
Provided that the identification mark shall be in the series controlled by the licens-ing authority or specially permitted by the Director, Motor Vehicle Administration.
(3) An application for a special identification mark shall be as prescribed in RS Form NVL 48 specified in Schedule 1 to these Regulations.
(4) The Director of the Commission and the State Director of Motor Vehicle
Administration may, by notice in the Federal or State Gazette or, in the case of a particular vehicle, by an instruction given to a licensing authority, prohibit the registration of any vehicle or any category of vehicles which may be considered to be unsuitable for registration.
(5) A licensing authority may refuse an application for registration of a vehicle if it is or not satisfied that the applicant has attained the age of eighteen years or because there is a valid court order so to do.
4. (1) A vehicle may be registered in one of the following categories -
(a) motorcycles may be registered as -
(i) private;
(ii) commercial;
(b) private motor vehicle;
(c) trailer;
(d) taxi/hackney carriage (carry not more than seven persons including the driver);
(e) private hire car driven by the hirer or the owner’s driver;
(f) commercial vehicle liable to carry goods and persons who are servants of the owner whilst in the employment of the other;
(g) stage carriage for not more than fifteen persons including the driver;
(h) stage carriage for over fifteen persons including the driver;
(i) omnibus;
(j) private omnibus used for the free conveyance of employees;
(k) agricultural vehicle;
(l) tractor;
(m) vehicle exclusively designed for use, or plant or machinery used for construction;
(n) fire engines or trailer pump.
(2) A vehicle may be registered in categories (d), (e), (f), (g), (h) and (i) of paragraph
(1) of this regulation if -
(a) the vehicle is operated primarily for hire or reward (excluding) category (j); or
(b) a certificate of road-worthiness issued by the road traffic officer under regulation 77 of these Regulations is produced at the time of the application to license the vehicle; or
(c) the vehicle conforms with the provisions of regulation 78 of these Regulations; or
(d) the condition of the vehicle is, in the opinion of a road traffic officer, safe and suitable for the conveyance of passengers or goods, and conforms with the provisions of Part V and VI of these Regulations.
(3) A vehicle may be registered as a trailer under this Part of these Regulations if -
(a) it is a vehicle designed to be drawn by a motor vehicle;
(b) a certificate of road-worthiness issued under regulation 77 of these Regulations is produced at the time of application for registration; and
(c) the trailer conforms with the provisions of regulation 74 of these Regulations.
(4) A vehicle shall be used on a highway only in passing part if -
(a) the vehicle is intended to be used on a highway only in passing from land in private occupation to other land in such occupation; or
(b) it is registered in the name of a person engaged in agriculture, timber trade or mining; or
(c) it is not used on a highway for hauling any objects except from agricultural produce, timber, mineral, agriculture land.
(5) For the purpose of this regulation, “mineral” includes mineral oils and the word “mine” and “mining” shall be construed accordingly.
(6) A vehicle may be registered as a tractor under this Part of these Regulations if the vehicle is used on a highway solely for the purpose of haulage, and not for the purpose of carrying, or having super-imposed upon it, any load except such as is necessary for its propulsion or equipment.
6. Verification of weights
(1) Before a vehicle is registered, a road traffic officer may, if facilities for weighing the vehicle are not available, require the net weight of the vehicle to be ascertained by a competent authority who shall certify the weight of the vehicle and make any necessary correction in the statement of weight declared by the owner.
(2) The fee prescribed in Schedule 2 to these Regulations shall be payable by the owner in respect of any ascertainment of weight required to be effected under paragraph (1) of this regulation.
(3) Where facilities for weighing a vehicle are not available, the road traffic officer may require the owner of the vehicle to produce a certificate of the weight thereof issued by the manufacturer or a competent authority.
(4) A road traffic officer or a route commander may, at any reasonable time, require a vehicle to be re-weighed free of charge.
(5) The owner of a vehicle shall cause the vehicle to be driven or brought to an appropriate place which the road traffic officer or a route commander may direct for the purpose of weighing.
7. Registration book
(1) A registration book as specified in RS Form NVL 40 of Schedule 1 to these Regulations shall be provided by the State Director, Motor Vehicle Administration and shall be issued to the owner of a vehicle upon the payment of the prescribed registration fee to the licensing authority and shall constitute the permanent record of the vehicle.
(2) The registration book shall be required to be in the vehicle and liable to be produced on demand by a police officer, road traffic officer or a route commander in uniform or a licensing authority.
(3) Any driver who fails to comply with the provisions of paragraph (2) of this regulation is guilty of an offence and liable on conviction to a fine not exceeding N500 or to imprisonment for a term of six months:
Provided that the provisions of this paragraph shall not apply to a person who has -
(a) lost the registration book and applied for a replacement; or
(b) deposited the registration book with the licensing authority, a police officer, a route commander or a road traffic officer.
(4) If the owner of a vehicle shows to the satisfaction of the State Director, Motor Vehicle Administration that -
(a) he is unable to obtain the registration book from a previous owner; or
(b) the registration book has been lost, stolen or defaced and that a replacement of the registration book shall be -issued through a licensing authority to the owner upon payment by him of the prescribed fee; or
(c) that he has a certificate in lieu of custom papers or any other good cause that his dealer has not given him any letter of custom clearance, the licensing authority may register the vehicle.
(5) The owner of the vehicle shall be required to inform the licensing authority within a period of four weeks of any change of his address as shown in the registration book.
(6) Subject to the provisions of regulation 3 of these Regulations, where any change occurs in relation to any vehicle which affects the particulars of a vehicle entered in a registration book, the owner of such vehicle shall immediately inform the nearest licensing authority of the book change as in RS Form NVL 44 specified in Schedule 1 to these Regulations and the State Directorate of Motor Vehicle Administration shall thereupon, without payment of any fee, amend the registration book provided that the change or amendment is genuine.
8. Change of ownership
(1) If the ownership of a vehicle is changed, the former owner of the vehicle shall give a notice of the change to the licensing authority as in RS Form NVL 46 as specified in Schedule 1 to these Regulations and the new owner shall pay to the licensing authority the fee prescribed in Schedule 2 to these Regulations.
(2) The former owner of the vehicle referred to in paragraph (1) of this regulation shall present the registration book to the licensing authority who shall record details of the change of ownership and hand over the registration book to the new owner.
(3) The notice referred to in paragraph (1) of this regulation shall be given by the former owner to the new owner not later than 30 days after the date of the actual change of ownership and where the notice relates to a vehicle which was imported into Nigeria free of import duty the notice shall be accompanied by a certificate of payment of import duty, or exemption therefrom issued to the new owner by the Board of Customs and Excise.
(4) The Directorate of Motor Vehicle Administration shall effect every change of ownership in its register under this regulation.
9. Change of colour of a vehicle
(1) If the colour of a vehicle is to be changed, the owner shall apply for approval from the Director, Motor Vehicle Administration or any person authorised by him in RS Form ML 42 specified in Schedule 1 to these Regulations and unless such an application is approved, the owner of the vehicle shall be restrained from changing the colour of the vehicle.
(2) A new vehicle licence shall be issued after payment of the fees prescribed to reflect the new colour of the vehicle and the old vehicle licence shall be withdrawn from the owner.
(3) The change of all the particulars of the vehicle shall be reflected in the
registration book by the Directorate of Motor Vehicle Administration.
(4) Where the colour of a vehicle is changed without due approval, the licence of such a vehicle shall become invalid and the owner of the vehicle is guilty of an offence under this regulation and liable on conviction to a fine of N5,000 or to imprisonment for a term of one year and the confiscation of the vehicle by the licensing authority.
10. Supplying particulars
(1) Every Directorate of Motor Vehicle Administration shall supply, on request by any other Directorate of Motor Vehicle Administration, a road traffic officer, road marshal or a police officer not below the rank of a sergeant, copies of any records, documents or particulars in respect of a vehicle and the Directorate of Motor Vehicle Administration, when satisfied that it is reasonable so to do, supply to the person a copy of any entries kept by such Directorate of Motor Vehicle Administration relating to such specified vehicle on payment of the fee prescribed in Schedule 2 to these Regulations.
(2) The State Director, Motor Vehicle Administration shall file and keep all copies of licences and other documents furnished in pursuance of these Regulations at the Central Motor Registry and shall on request by any Director, Motor Vehicle Administration, Road Traffic Superintendent, road marshal II, police officer not below the rank of sergeant or public officer in his official capacity supply such particulars in relation thereto as may be required of him from time to time.
11. Unauthorised entry, etc., in registration book Any person who -
(a) makes an unauthorised entry or alteration in the registration book relating to a vehicle; or
(b) wilfully destroys or defaces any entry in the registration book, is guilty of an offence under these Regulations and liable on conviction to a fine of N500 or imprisonment for a term of six months or to both such fine and imprisonment.
12. Appeal
Any person who has been refused registration of a vehicle in accordance with these Regulations may appeal to a magistrate’s court which may give such directions as it may deem fit under the circumstances.
PART II
Licences for vehicles
13. Issue of licence
Subject to the provisions of these Regulations, a State Directorate of Motor Vehicle Administration may on payment of the fees prescribed in Schedule 2 to these Regulations issue a vehicle licence for a period of twelve or six months as in RS Form ML 6 specified in Schedule 1 to these Regulations upon production to it of a registration book and a current certificate of third party insurance and, in the case of commercial vehicle, motorcycle for hire, trailer, taxi, stage carriage or omnibus, a valid certificate of roadworthiness issued under regulation 77 of these Regulations.
14. Power to refuse licence in certain cases
(1) The Director of the Commission may, on the advice of the Technical Committee on Motor Vehicles prohibit by notice published in the Federal Gazette and forwarded to the State Director of Motor Vehicle Administration prohibiting the registration of or further licensing of a class or type of vehicles considered to be unsuitable for any particular mode of usage and the State Director, Motor Vehicle Administration shall thereupon refuse to issue a licence in respect of the class or type of vehicles affected by such prohibition.
(2) The State Director of Motor Vehicle Administration may, in the case of a particular vehicle and subject to confirmation of a magistrate in chambers, give direct instruction to the Director, Motor Vehicle Administration and the Director so informed shall thereupon refuse to issue a licence in respect of the vehicle affected by such prohibition.
(3) A Directorate of Motor Vehicle Administration shall not issue a licence for any vehicle -
(a) which does not comply in all respects with every condition applicable to its particular type of class under these Regulations; or
(b) the condition of which, in the opinion of a road traffic officer or a route
commander is such as to render its use on a highway a contravention of these Regulations; or
(c) so constructed or in such condition, mechanically or otherwise, as in the opinion of a road traffic officer or route commander is likely to be dangerous to persons or animals using the highway or injuries to the highways or bridges; or
(d) in respect of which a valid certificate of road-worthiness issued under regulation 77 of these Regulations is not produced; or
(e) in respect of which a current certificate of insurance is not produced.
(4) No vehicle shall be licensed for a gross weight other than that registered in respect of such vehicle in accordance with these Regulations.
(5) For the purpose of paragraphs (2) and (3) of this regulation, a licensing authority, road traffic officer or a route commander may, at any time, require any vehicle to be produced by such person and at such time and place as he may appoint.
(6) In this regulation, “Technical Committee on Motor Vehicles” means the
Committee consisting of a member each of the Standards Organisation of Nigeria, the Nigerian Society of Engineers, the Council of Registered Engineers of Nigeria, the National Automotive Council, the Commission, road traffic officers and a police officer.
15. Appeal
A person to whom a licence has been refused in accordance with this Part of these Regulations may appeal to the magistrate’s court which may give such directions as it thinks fit under the circumstances.
16. Refund of portion of fee paid
(1) If any person to whom a licence has been issued in accordance with regulation 13 of these Regulations satisfies the Directorate of Motor Vehicle Administration in the State within which the original licence was issued that the vehicle in respect of which the licence has been issued shall not be used in Nigeria during the unexpired portion of the period of the licence, the licensing authority may refund to that person a portion of the fee paid for the licence and that portion shall be equivalent to one twelfth of the annual licence fee payable multiplied by the remaining number of complete months for which the licence may be deemed current.
(2) Before a refund is made under this regulation, the licence and the counterfoil thereof shall be surrendered to the Directorate of Motor Vehicle Administration which shall thereafter -
(a) cause the licence to be cancelled;
(b) cause the appropriate entry in the registration book of the vehicle to be cancelled; and
(c) inform the Central Motor Registry of the cancellation.
(3) When a refund is made under this regulation, the vehicle in respect of which the licence was issued shall for the purpose of these Regulations be deemed to be unlicensed during the period in respect of which the refund is made unless a new licence is taken out in respect thereof.
17. Special trade licence
(1) A special trade licence specified in RS Form ML 6 Schedule 1 to these
Regulations, may be issued by a licensing authority to a dealer on payment of the fee prescribed in Schedule 2 to these Regulations and the licence shall be so stamped indicating the type of trade licence.
(2) A dealer may obtain any number of trade licences so however that no trade licence shall be issued for use in respect of any vehicle except in the following circumstances, that is -
(a) when a vehicle having been off-loaded from a ship, lighter, train or other road vehicle is being driven to their dealer’s place of business; or
(b) when a vehicle is being tested after having been received, assembled or repaired at the dealer’s place of business; or
(c) when a vehicle is being tested by or on behalf of an intending purchaser or of the owner in the case of a vehicle under repairs; or
(d) when a new vehicle or one under repairs is being transferred by a dealer in the normal course of business; or
(e) when a new vehicle or one which has been repaired is in process of delivery to the purchaser.
(3) A trade licence shall be issued with a trade identification number plate as shown in fig. 10 in Schedule 3 to these Regulations consisting of the National flag symbol, name of authorised dealer, dealer’s code, State code, dealer’s number (alpha-numeric), individual vehicle code (alpha-numeric) and words “Federal Republic of Nigeria” and the particulars of each trade licence shall be entered in a special register kept for that purpose by the State Motor Vehicle Administration.
(4) A person to whom a trade licence has been refused may appeal to a magistrate’s court which may give such directions as it deems is just and proper.
(5) A trade licence shall not -
(a) authorise -
(i) the carrying of passengers or goods for hire or reward any passengers or goods for hire or reward; or
(ii) any person not engaged in testing the vehicle or inspecting the vehicle with a view to purchase the same; or
(b) be used on Sundays and public holidays and between the hours of 6 p.m. to 6 a.m.
(6) Any person using a trade licence, except for the purpose authorised by these Regulations, is guilty of an offence and liable on conviction to a fine of N10,000 or to imprisonment for a term of six months.
(7) A dealer shall be required to keep a record of journeys made by vehicles operating under a trade licence and the records shall be open to inspection by the Director, Motor Vehicle Administration, road traffic officer, a route commander or police officer not below the rank of sergeant.
(8) Subject to the provisions of paragraph (2) of this regulation, a trade licence issued in any State shall be valid in any other State until the date of expiry indicated on such licence.
(9) A trade licence in this regulation includes -
(a) licences for spare parts dealers to engage in the sales and distribution of spare parts;
(b) licences for mechanic workshops to engage in the business of motor vehicle repairs and servicing.
(10) The procedure for obtaining a trade licence and registration -
(a) as a spare parts dealer is as specified in Schedule 11 to these Regulations;
(b) as a motor mechanic is as specified in the Schedule 12 to these Regulations.
18. Production of licence
(1) The owner, driver or person in charge of a vehicle shall at all times when the vehicle is being used on a highway keep the current licence for the vehicle displayed in the manner hereinafter provided, and shall, on demand, permit any route commander, police officer, licensing authority or any person authorised in that behalf by the Director, Motor Vehicle Administration to examine the licence.
(2) Licences, other than trade licences, shall be displayed in a weather-proof holder with a transparent cover and carried on the vehicle and in the case of -
(a) motorcycles or trailers, in a conspicuous position on the near side of the vehicle not more than 76.20 centimeters from the front of the vehicle;
(b) motorcycles with sidecar, on the near side of the handlebar of the cycle or the near side of the sidecar; and
(c) all other vehicles (except when placed on or adjacent to the windscreen as hereinafter provided) on the near side of the vehicle facing toward the near side of the road and not less than one metre nor more than two metres from the ground level and placed as near to the front seat as is practicable:
Provided that in the case of a vehicle fitted with a front glass windscreen extending across the vehicle, to the near lower corner or the glass of such windscreen or in such other manner so as to be clearly visible from the front at all time by daylight whether such vehicle is moving or stationary; and in the event of the licence being carried actually upon a glass portion of the vehicle and otherwise complying with these Regulations the obligation that the licence shall be carried in a weather-proof holder with a transparent cover shall not apply.
(3) The licence shall be placed and carried (except when placed on or adjacent to the windscreen as hereinbefore provided) so as to be clearly visible at all times by daylight to a person standing at the near side of the vehicle, whether such vehicle is moving or stationary.
(4) In the case of vehicle issued with a trade licence, such licence shall be displayed on the front plate bearing the trade identification mark issued in respect of such licence.
19. Replacement of lost or defaced licence
(1) Subject to paragraph (2) of this regulation, a licensing authority shall issue a new licence to the holder of a current licence under this Part of these Regulations, if the holder of the licence satisfies the licensing authority that -
(a) the licence has been defaced or mutilated; or
(b) the figures and particulars thereon have become illegible; or
(c) the licence has been lost or stolen, and the new licence shall have the same effect as the original licence.
(2) Before issuing a licence under paragraph (1) of this regulation, the licensing authority shall demand the production of the holder’s registration book as proof of issue of the original licence.
(3) In the case of a lost or stolen licence, the owner shall be required to produce the police extract (report) and a duly sworn affidavit stating clearly the particulars and facts of loss before a new licence may be issued after payment of fees prescribed in Schedule 2 to these Regulations.
20. Change of licence
(1) When the ownership of a vehicle is transferred in accordance with regulation 8 of these Regulations and the new owner does not intend to use the vehicle for any purpose other than that for which it is classified and registered, the existing licence shall be valid until the date of expiry indicated on it but in all other cases a refund may be made to the former owner of the vehicle for the unexpired portion of the licence and the vehicle shall be re-licensed upon payment of the fee prescribed in these Regulations.
(2) If the new owner fails to comply with this regulation, the existing licence shall cease to be valid.
21. Licence on change of classification of vehicle
(1) When a registration book has been amended in accordance with regulation 7 of these Regulations, the existing licence shall remain valid until the date of expiry indicated on the licence, unless the registration category or character of the vehicle has been so changed as to render payable a licence fee at a higher or lower rate than that paid on the issuance of the existing licence.
(2) Where a higher or lower licence fee becomes payable a refund may be made to the former owner of the vehicle for the unexpired portion of the licence and the vehicle shall be re-licensed upon payment of the fee prescribed in these Regulations.
PART III
Identification mark
22. Form of identification mark, etc.
(1) The identification mark to be carried by a motor vehicle or trailer in pursuance of the provisions of these Regulations shall be displayed on two plates for a motor vehicle, and three plates for a trailer, which shall conform, as to lettering, numbering and otherwise with the provisions set out in figures 1-11 of Schedule 3 to these Regulations.
(2) The plates displaying the identification mark shall in respect of -
(a) a motor vehicle be fixed, one on the front of the vehicle and the other at the centre or on the off-side of the back of the vehicle;
(b) a trailer, be fixed at the centre or on the off-side of the back of the trailer in an upright position;
(c) a motorcycle, one plate shall be fixed at the rear centre with the plate having white background but blue lettering for private, green lettering for the Federal, State or local government, black lettering for the armed forces and red lettering for commercial, so that every letter or figure on the plate is upright and easily distinguishable in the case of the front plate from the front, and in case of the back plate from behind.
(3) In the case of the recovery of a semi-trailer, the operation of the prime mover shall be required to ensure that the entire articulated vehicle carries the same identification number in respect of the prime mover and the semi-trailer.
(4) No part of the plate bearing the identification mark of a trailer or a motor vehicle other than a motorcycle shall be in any manner obscured and the plate shall at all times be kept in such condition that the letters and figures thereof are clearly distinguishable in daylight by a person of normal vision at a distance of 46 metres and in the case of motor-cycles at a distance of 28 metres.
(5) A vehicle shall carry a vehicle identification tag which shall be issued along with the Vehicle Identification Plate and shall carry the same number with the plate on the rear windscreen.
(6) Except as otherwise provided under these Regulations, no identification mark shall be transferred from one vehicle or trailer to another and it shall be an offence under these Regulations for any person to make any transfer except in accordance with these Regulations.
(7) A person convicted of an offence under paragraph (6) of this regulation is liable to a fine of N10,000 or imprisonment for a term of six months or to both such fine and imprisonment.
(8) The form of identification number plates referred to in paragraph (1) of this regulation shall be rectangular with dimensions of 308 mm by 139.7 mm for private vehicles and 228 mm by 177.8 mm for motorcycles both with white background as shown in figures 1 and 2 in Schedule 3 to these Regulations.
(9) The identification for private vehicles’ number plate shall -
(a) have the name of the State in black, the licensing office code number, the vehicle registration number and the local government code number in blue;
(b) for commercial vehicles, have the name of the State in black, the licensing office code number, the vehicle registration number and local government code number in red;
(c) for Federal and State Government vehicles, have the name of the Ministry or Parastatal code number in green;
(d) for local governments and area councils, have the name of the State in black, the local government area council identification code, the vehicle registration number and the name of the local government code in green;
(e) for the military and para-military vehicles, have the name and the code of the armed forces, the vehicle group code, issuing office code.
(10) Notwithstanding the provisions of paragraph (9) of this regulation, the
identification number plate of vehicles referred to in -
(a) sub-paragraphs (a) and (b) shall have the symbol of the National flag on the top left corner and the Federal Republic of Nigeria in black as specified in figure 3 in Schedule 3 to these Regulations;
(b) sub-paragraph (c) shall have the National Coat of Arms in the top left corner and the Federal Republic of Nigeria in black as specified in figure 5 in Schedule 3 to these Regulations;
(c) sub-paragraph (d) shall have the National Coat of Arms in the top left corner black and the Federal Republic of Nigeria all in black as specified in figure 4 in Schedule 3 to these Regulations.
(11) All vehicle identification marks shall have -
(a) a local government code for private and commercial vehicles as set out in figure 6 of Schedule 3 to these Regulations;
(b) Federal, State or local government codes for government vehicles as set out in figure 6 of Schedule 3 to these Regulations;
(c) codes for military, para-military and all other government agencies as set out in figure 7 of Schedule 3 to these Regulations; and
(d) codes for diplomatic vehicles as set out in figure 11 of Schedule 3 to these Regulations.
(12) The Director of Commission shall determine, from time to time, the appropriate number codes for all categories of vehicles.
(13) In the case of a loss or damage to a vehicle identification mark or a vehicle identification tag, the owner of the vehicle or the driver shall -
(a) report the loss of the particulars immediately to the nearest police station or the office of the State Director of Motor Vehicle Administration;
(b) prove ownership of the lost plate by swearing to an affidavit stating the proof of ownership;
(c) pay the prescribed fee to the appropriate authority for a replacement of the lost number plate.
(14) The owner of the vehicle or the driver may, where the necessary particulars of loss have been reported, construct a temporary number plate in the form of wood which shall conform to colouring, lettering, codes, etc., as outlined in the provisions of this regulation.
(15) A temporary number plate shall be sufficient as the number plate until a new one shall be issued by the licensing authority.
(16) All vehicles, private or commercial, shall as from the commencement of these Regulations, have on them the vehicle identification mark referred to in this regulation and it shall be an offence for any vehicle not to have the said identification mark.
(17) A person who commits an offence under paragraph (16) of this regulation is guilty of an offence and liable on conviction to a fine of N500 for every day the offence is being committed.
(18) There shall be a requirement of proof of ownership certificate for all registered vehicles the format of which shall be determined by the Director of the Commission from time to time.
PART IV
Driver’s licence
23. Classes of licence
(1) Licences or learners’ permits to drive a motor vehicle shall be in one of the following groups -
(a) a motorcycle;
(b) a motor vehicle of less than three tonnes gross weight other than motorcycle commercial, taxi, stage carriage or omnibus;
(c) a motor vehicle of less than three tonnes gross weight, other than motorcycles;
(d) a motor vehicle, other than motorcycle, taxi, stage carriage or omnibus but excluding an articulated vehicle or vehicle drawing a trailer;
(e) a motor vehicle other than motorcycle or articulated vehicle;
(f) agricultural machines and tractors;
(g) articulated vehicles;
(h) an earth-moving vehicle;
(i) special, for physically handicapped persons.
(2) A person not below the age of 18 years who desires to obtain the grant of a driver’s permit shall lodge with the State Directorate of Motor Vehicle Administration the appropriate application form duly completed and approved by a road traffic officer as in RS Form NDL 18N specified in Schedule 1 to these Regulation as the case may require.
(3) The holder of a valid licence may apply for and obtain a renewal of the licence referred to in paragraph (2) of these Regulations at any time within a period of one month before the date of expiry of the licence and such renewal shall have effect on the expiration of the current licence.
(4) An application for the renewal of licence shall be in RS Form NDL 15R in the Schedule 1 to these Regulations.
(5) Subject to the provisions of paragraph (3) of this regulation, the grant or renewal of a driver’s licence shall take effect from the date of the receipt by the licensing authority of the application form duly completed.
(6) A State Directorate of Motor Vehicle Administration shall require a person to undergo a driving test in accordance with regulation 27 of these Regulations if two or more years have elapsed since the person last held a valid driver’s licence.
24. Photograph of the applicant
(1) An application for the issue or re-issue of a driver’s licence shall be accompanied by one copy of a recent passport photograph (which shall be printed from the same negative) of the head, full face, and shoulders of the applicant approximately but not longer than 25 mm by 30 mm and where a driving test is required in pursuance of regulation 25 (1) of these Regulations, the copy shall have endorsed on the back thereof a certificate issued by the road traffic officer that it is a true resemblance of the applicant.
(2) An application for the grant of a learner’s permit shall be accompanied by an unmounted photograph of the head, full face and shoulders of the applicant approximately but not larger than 25 mm by 30 mm.
25. Driving test
(1) A Directorate of Motor Vehicle Administration shall, before issuing a licence, require the applicant to pass a driving test to show that he is capable of fully controlling a motor vehicle of the type and group for which he has applied for a licence to drive:
Provided that a driving test shall not be required if documentary evidence is produced to the satisfaction of the road traffic officer that the applicant has, within a period of two years preceding the application, held a licence to drive a vehicle of the group specified in the application and was issued by either the Federal, State or local government.
(2) In any case where the holder of a licence authorising the driving of a motor vehicle or one group subsequently passes a test in respect of a vehicle of another group, the applicant shall complete an application for a driver’s licence and submit same with the certificate of a road traffic officer, the original licence and the fee prescribed under these Regulations.
(3) A new driving licence shall be endorsed with the number and date of issue of the original licence and with any conviction or order which relates to any offence within the immediately preceding two years which is endorsed on the original licence.
(4) On the issuance of a new driving licence, the original licence shall be cancelled by the Directorate of Motor Vehicle Administration and forwarded to the central motor registry with the appropriate application form.
(5) Where a driving test is required by the State Directorate of Motor Vehicle Administration, no licence shall be issued unless the application is accompanied by a certificate stating the group of licence issued under regulation 29 of these Regulations and the learner’s permit.
(6) It shall be the duty and responsibility of a road traffic officer to test an applicant, carry out the vision test on the applicant and sign the column provided on RS Form 18N specified in Schedule 1 to these Regulations and issue a tester’s certificate thereof.
26. Form of driving licence, etc.
(1) A driving license shall be as specified in RS Form F3/90 specified in Schedule 1 to these Regulations and shall be renewable after two years from the date of issue -
(a) before the applicant shall be entitled to receive a valid licence, the fee prescribed in these Regulations shall be paid; and
(b) on the issuance of a learner’s permit, a licensing authority shall affix a passport photograph to the top right hand corner and when placing the official stamp on the permit, part of the stamp shall be on the photograph and part on the permit.
(2) The holder of a driver’s licence shall append his signature and thumbprint in the space provided in the driver’s licence application Forms RS NDL 15R and Form RS NDL 18N specified in Schedule 1 to these Regulations.
27. Conduct of driving test
(1) A driving test shall be conducted by a road traffic officer, driver testing officer or a person appointed for that purpose by the State Director of Motor Vehicle Administration.
(2) The test, which shall be held at such a time and place as the road traffic officer, the driver testing officer or a person so appointed may specify, shall be directed to ascertain the competence of the applicant to -
(a) control the motor vehicle in the traffic;
(b) bring the motor vehicle to a standstill from normal speed;
(c) turn corners, cross main roads and turn from side to main roads;
(d) pass other vehicles on the roads;
(e) drive a motor vehicle except a motorcycle, backwards along a straight road and around corners;
(f) turn round in a road;
(g) understand the indication of speeds and figures shown on the speedometer of the motor vehicles;
(h) demonstrate his knowledge of the rules of the road, the hand signals set out in Schedule 4 to these Regulations and signs illustrated in Schedule 5 to these Regulations and the principal offences set out under the Act and these Regulations;
(i) read at a distance of 23 metres in good daylight (with the aid of glasses, if worn), a motor vehicle identification mark;
(j) generally drive competently a motor vehicle or in the case of a person suffering from disability, a motor vehicle of the particular class to which the application relates, without danger to and with due consideration for other road users.
(3) An applicant who passes a driving test on a vehicle fitted with automatic transmission or adopted vehicle shall have his driver’s licence so endorsed and shall only be permitted to drive such a vehicle.
28. Learner’s permit
(1) Subject to regulation 23 (2) of these Regulations, an application for a learner’s permit shall be accompanied by the fees prescribed in these Regulations and the grant of a learner’s permit upon any such application shall entitle the holder, when accompanied for the purpose of instruction by a licensed driver sitting beside him, to drive a vehicle of the group or type stated therein for a period not exceeding three months from the date of issuance of the learner’s permit within the area on the highways specified in the learner’s permit and to be tested after the said period of three months.
(2) An application for a learner’s permit shall be in the prescribed RS Form ML. 16 specified in Schedule 1 to these Regulations.
(3) Where in pursuance of paragraph (1) of this regulation the holder of a learner’s permit -
(a) fails to take a driving test before the expiration of his third permit; or
(b) takes a test and fails it, he shall, upon obtaining another learner’s permit in like manner be entitled to be tested, but not before one calendar month has expired since the date of the previous test.
29. Certificate as to group of licence
When a person has passed a driving test to the satisfaction of the road traffic officer or such other officer authorised so to do, he shall be issued with a certificate stating the group of licence he is qualified to receive.
30. Learner’s sign
Whenever an applicant for a driving licence is -
(a) driving a vehicle for the purpose of being tested; or
(b) the holder of a learner’s permit,
there shall be securely affixed to the vehicle so as to be easily visible on two plates, one of which shall be on the front and one on the back displaying the letter L, and which shall conform with the provisions set out in Schedule 3 to these Regulations and the plate shall have a white background and the letter “L” painted in red colour.
31. Replacement of defaced or illegible licence
(1) Subject to these Regulations, where the holder of a driver’s licence issued under this Part of these Regulations satisfies a licensing authority that -
(a) the licence is dilapidated, mutilated, or illegible; or
(b) the photograph on such licence has become defaced so as to impair the identification of the holder thereof, the road traffic officer shall upon the approval of the State Director of Motor Vehicle Administration issue a replacement licence in exchange for the original licence to the applicant and upon the payment of the prescribed fees in these Regulations.
(2) On the issuance of the replacement of a licence the licensing authority shall endorse therein the particulars of any conviction or order endorsed on the original licence which relates to any driving offence committed by the owner of the licence within the preceding two years.
(3) The original licence shall be cancelled by the licensing authority and shall be forwarded with the licence application and photograph to the Central Motor Registry which shall cause the original licence to be destroyed.
(4) The procedure for replacing a lost, damaged or defaced licence shall be as follows-
(a) the holder or owner shall -
(i) report to the nearest police station and obtain a police extract stating the particulars of loss;
(ii) prove ownership by swearing to an affidavit stating the facts of the loss;
(iii) pay the fees prescribed in these Regulations;
(b) the State Director of Motor Vehicle Administration on production of the
documents specified in this regulation by the holder or owner shall process a new licence in accordance with the provisions of regulation 33 of these Regulations.
32. Replacement of lost or stolen licence
(1) If the holder of a driver’s licence issued under this Part of these Regulations satisfies a licensing authority in the State in which the original licence was issued that the licence has been lost or stolen he may apply to that licensing authority for a replacement licence in the same manner as specified in regulation 31 (1) of these Regulations.
(2) If the road traffic officer is satisfied from its records or has received confirmation from the State Directorate of Motor Vehicle Administration that the applicant previously held a valid driver’s licence during the previous two years in Nigeria he shall be issued a replacement licence and have endorsed thereon the particulars of any conviction order supplied by the State Central Motor Registry which relates to any driving offence committed within the preceding two years and the replacement licence shall be valid for the remaining period from the date of issue of the original licence.
(3) The fee payable under this regulation shall be as prescribed in these Regulations.
(4) The provisions of regulation 24 of these Regulations shall apply to any such replacement licence.
(5) The State Directorate of Motor Vehicle Administration shall notify the National Director of Motor Vehicle Administration whenever a replacement licence is issued.
33. Convictions to be reported to Central Motor Registry
If the holder of a driving licence is convicted by a court of any offence under the Act or these Regulations details of such convictions shall be forwarded to the State Central Motor Registry by the Divisional police officer or Sector Commander of the Commission.
PART V
Taxis, stage carriages, omnibuses and motorcycles for hire
34. Conditions for licensing
Subject to these Regulations, a licensing authority may licence a motor vehicle as a taxi, stage carriage, omnibus or motorcycle on the payment of the fees specified in these Regulations, if the licensing authority is satisfied that -
(a) the vehicle is registered as a taxi, stage carriage, omnibus or motorcycle for hire in accordance with the provisions of Part 1 of these Regulations; and
(b) the vehicle conforms to the other conditions contained in these Regulations.
35. Use and construction of taxis
No person shall cause or permit a taxi to be used on any highway, or shall drive or take charge of a taxi, unless the following conditions are satisfied, that is -
(a) the maximum number of persons approved by the State Director of Motor Vehicle Administration to be carried at any one time shall be painted on the taxi in letters and figures not less than 25 millimetres in height and of such shape and colour as to be clearly distinguishable from the colour of the ground and the number shall be so painted at the registration or re-registration of the vehicle;
(b) the word “Taxi” shall be painted in white letters 64 millimetres in height on the top corner of the windscreen on the near side;
(c) the taxi shall be of such distinctive colour as may be approved by the National Director, Motor Vehicle Administration and have painted on each of the two front doors of the taxi a local identification mark allocated by the licensing authority for which the fee prescribed in Schedule 2 to these Regulations shall be paid;
(d) each passenger shall be provided with seating accommodation of a width of at least 0.406 metres;
(e) the taxi shall have two or more entrances on each side;
(f) the taxi shall not be used for the conveyance of any marketable livestock;
(g) the taxi shall not be used as a stage carriage by carrying passengers at separate and distinct fares or at the rate separate and distinct fares for their respective destinations;
(h) the number of persons carried in the taxi shall at no time exceed the number authorised by the road traffic officer and recorded in the registration book of the vehicle;
(i) the taxi shall at all times be kept in a clean and sanitary condition;
(j) the taxi shall not stand or ply for hire if it is in such a condition as to be unsafe or unsuitable for the conveyance of passengers or does not conform to the requirements of these Regulations.
(2) In pursuance of this regulation, the Technical Committee set up under regulation 14 of these Regulations shall have power to prescribe colour for taxis.
36. Use and construction of multi-purpose vehicle
(1) No person shall cause or permit a stage carriage to be used on any highway, or shall drive or have charge of a stage carriage, unless the following conditions are satisfied, that is -
(a) each passenger is provided with seating accommodation, the supports of which are firmly fixed in position of a width of 0.356 metres, a depth of at least 0.356 metres and a maximum height of 0.457 metres from the floor of the stage carriage shall be allowed for the seating accommodation of each passenger;
(b) in the case of seats facing in the same direction a clear space of at least 0.254 metres is allowed between the foremost part of one seat and the rear part of the seat in front and in the case of seats arranged facing each other a clear space of at least 0.4482 metres is allowed between the front edge of one seat and the front edge of the seat facing it;
(c) the driver’s seat in stage carriage carrying passengers, or in a motor vehicle carrying goods and passengers is not less than 0.610 metres wide and is so constructed as to be centered on the steering column and the seat is completely divided off from any seating accommodation provided for any person sitting in the driver’s compartment by a fixed partition approved by the road traffic officer and no person except the driver shall occupy the driver’s seat;
(d) in any case where the driver’s seat is so partitioned off, one person only shall sit in the remaining portion of the driving compartment if the seat provided exceeds 0.356 metres but less than 0.711 metres in width and if the seat exceeds 0.711 metres in width then not more than two persons may sit thereon;
(e) the motor vehicle shall carry a conductor registered in accordance with these Regulations;
(f) the driver of a stage carriage shall abide by any specified route or other conditions imposed by the State Director, Motor Vehicle Administration;
(g) the number of persons carried in the stage carriage shall at no time exceed the number authorised by the Director, Motor Vehicle Administration and recorded in the registration book of the vehicle;
(h) the stage carriage shall at all times be kept in a clean and sanitary condition.
(2) For the purpose of paragraph (1) (h) of this regulation, the number of persons shall be calculated as follows, that is -
(a) each person shall be taken as weighing 76.204 kilograms with an allowance of 12.700 kilograms, hand luggage;
(b) two children under the age of twelve years shall be taken as one person; and in no case shall the number of persons to be carried at any one time exceed the number determined by dividing the registered freight or load which the vehicle is authorized to carry, expressed in kilograms, less the actual weight of any goods being carried in addition to the passenger, by 168.
37. Use and construction of omnibuses
No person shall cause or permit an omnibus to be used on the highway, or take charge of an omnibus, unless the following conditions are satisfied, that is -
(a) the maximum number of persons allowed by the State Director, Motor Vehicle Administration to be carried at any one time is painted on the omnibus in letters and figures and provided that in calculating the number of persons that an omnibus may be allowed to carry by the State Director, Motor Vehicle Administration may take into consideration the standing room available for passengers in addition to the actual available seating accommodation while the omnibus is operating within city limits only;
(b) the overall length shall not exceed 12 metres;
(c) the overhang shall not exceed one third of the overall length: so however that in the case of an omnibus body constructed in Nigeria, the over-hang shall not exceed seven twenty-fourths of the over-all length;
(d) the body shall be soundly constructed and designed for the sole purpose of carrying passengers and hand luggage;
(e) all seating accommodation shall allow a space of at least 0.356 metres in length for every passenger;
(f) the width of the seats from front to back shall be at least 0.356 metres;
(g) in the case of seats facing the same direction there shall be provided space of at least 0.660 metres between the front of the back of one seat and the back of the seat immediately in front, of which space 0.254 metres at least shall be clear of obstruction to the floor;
(h) in the case of seats arranged facing each other there shall be a space of at least 0.457 metres clear of obstruction between the front edge of one seat and the front edge of the seat facing it;
(i) the gangway shall be at least 40 cm wide;
(j) at least two entrances or exits shall be provided for passengers (one of which may be an emergency exit) and all entrances or exits not being emergency exits shall not be less than 0.609 metres wide and shall not be less than 1.676 metres in height;
(k) every entry or exit (other than an emergency exit) shall be on the near side of the omnibus;
(l) every emergency exit shall be fitted with a door which shall be kept closed except in an emergency and every entrance or exit door shall be capable of being opened by one operation of the locking mechanism and shall be so designed as to be readily opened in case of need from both the inside and the outside of the omnibus;
(m) the risers of all steps at the entrance and exits shall be closed and the maximum height from the ground of the lowest step shall be 0.457 metres;
(n) the driver’s seat shall be divided off from the passengers’ accommodation by a portion approved by the Director, Motor Vehicle Administration;
(o) the minimum internal height of the vehicle from the floor to the centre of the roof shall not be less than 1.7 metres;
(p) there shall be provided a bell or other device electrically or manually operated which allows the conductor to transmit signals to the driver from any part of the interior of the omnibus;
(q) the number of persons carried in an omnibus shall at no time exceed the number authorised by the Director, Motor Vehicle Administration and recorded in the registration book of the vehicle;
(r) the omnibus shall at all times be kept in a clean and sanitary condition;
(s) the omnibus shall not carry any load or luggage on its canopy.
38. Use and construction of multi-purpose vehicle
(1) No person shall cause or permit a multi-purpose vehicle to be used on any highway, or shall drive or have charge of a multi-purpose vehicle, unless the following conditions are satisfied, that is -
(a) the maximum gross weight of the vehicle shall not exceed 32 tonnes;
(b) the maximum load allowed by the State Director, Motor Vehicle Administration to be carried at any one time shall be painted on the vehicle in letters and figures not less than 25 millimetres in height;
(c) and of such shape and colour as shall be clearly distinguishable from the colour of the ground whereon the letters and figures are painted;
(d) the body shall be soundly constructed of a minimum of twenty gauge sheet metal and fitted with a permanent rigid roof, with or without, a sliding panel; and
(e) any freight or load carried on the vehicle shall be secured in such a manner as to render it impossible for such freight or load or any part thereof to fall or move.
(2) The number of persons carried shall for the purpose of this regulation be determined in the same manner as provided for in regulation 37 (2) of these Regulations.
39. Private use of stage carriage or omnibus
Where any stage carriage or omnibus in respect of which a licence has been issued to ply for hire is hired by any person to be used exclusively for any particular purpose such stage carriage or omnibus shall carry in a conspicuous place on the front and rear thereof a sign marked “PRIVATE” in large and legible letters.
40. Route restriction
No stage carriage or omnibus licensed to operate between specified points shall stand or ply for hire on any route other than that laid down pursuant to subsection (5) of section 1 of the Federal Highways Act or specified in the registration book issued in respect of the vehicle.
41. Power of State Motor Vehicle Administration to fix fares
(1) The Director, State Motor Vehicle Administration may -
(a) fix maximum, and where necessary, minimum fares for taxis, stage carriages and omnibuses;
(b) require taxis plying for hire to be fitted with a metre or other device approved by him for the purpose of indicating the correct authorised fare for any journey;
(c) fix timetables for and determine stopping places in relation to stage carriages and omnibuses plying for hire on any specified routes;
(d) determine the days and hours of operation during which stage carriages and omnibuses may ply for hire.
(2) The meters specified in paragraph (1) (b) of this regulation, shall be regulated by public notice and any person aggrieved thereby may appeal to a magistrate’s court.
42. Table of fares and timetable to be carried and exhibited
(1) Every taxi, stage carriage or omnibus shall be required to carry and exhibit a copy of the table of fares and the timetable (if any) applicable to it, printed in large and legible type and placed in such a position on the vehicle as the Director, State Motor Vehicle Administration may direct and every meter or other device for indicating authorised fares with which a taxi may be required to be fitted shall be maintained in good working order.
(2) Any person who demands or receives more than the maximum or accepts less than the minimum of the fares imposed as aforesaid is guilty of an offence under this regulation and liable on conviction to a fine of N2,000.
43. Badges
(1) No person shall drive a taxi, stage carriage or omnibus without having obtained from the licensing authority a taxi, stage carriage or, as the case may be, omnibus driver’s badge as prescribed in Schedule 3 to these Regulations.
(2) A badge shall only be issued to a person who holds a valid driver’s licence in either group “C” or “E” in accordance with regulation 34 of these Regulations and shall not be transferable to any other person; and the issuance of the badge shall be endorsed on the driver’s licence.
(3) The Directorate, Motor Vehicle Administration shall issue a badge on payment of the fee prescribed in these Regulations and on being satisfied that in addition to the applicant holding the appropriate driving licence he is a fit and proper person to drive a taxi, stage carriage, or as the case may be, an omnibus.
(4) A road traffic officer may require an applicant for a taxi driver’s badge to pass a test designed to demonstrate his knowledge of streets and the shortest and best routes within the area in which it is reasonable to suppose that he will ply for hire, and if the road traffic officer requires him to pass such a test and he fails to do so, the licensing authority shall not issue the badge.
(5) Any person aggrieved by the decision of a licensing authority under this regulation may appeal to a magistrate’s court within fourteen days of such decision.
44. Conductor’s badges
(1) The owner of a stage carriage or omnibus shall submit to a licensing authority for registration the names and addresses of all persons who he intends to employ as conductors, and such persons shall have attained the age of eighteen years.
(2) The Director, Motor Vehicle Administration, on being satisfied that such persons are fit and proper persons to be registered shall upon the payment of the fee for each registration having been made, issue to the owner a conductor’s badge as prescribed in Schedule 3 to these Regulations, for each person so registered.
(3) Upon any person ceasing to act as a conductor in the employ of the owner, the owner shall so notify the State Directorate of Motor Vehicle Administration and cause the badge issued in respect of that person to be returned whereupon the licensing authority shall cancel the registration.
(4) A conductor’s badge issued in accordance with these Regulations shall not be transferable to any other person.
(5) The Director of the Commission may, by notification in writing to all States Directors of Motor Vehicle Administration, exempt certain classes of omnibuses from the provisions of paragraph (1) of this regulation.
45. Wearing of badges
A badge issued in accordance with these Regulations shall be worn in a conspicuous manner by the driver or conductor to whom it is issued and whenever, in the case of -
(a) the driver, he is driving or in charge of a taxi, stage carriages or omnibus on a highway; and
(b) the conductor, he is acting as conductor of a stage carriage or an omnibus.
46. Surrendering of driver’s and conductor’s badges
If the driver of a taxi, stage carriage or omnibus, or conductor of a stage carriage or omnibus to whom or in respect of whom a badge has been issued is convicted of an offence under the Act or these Regulations or is considered by the State Director, Motor Vehicle Administration to be unsuitable to drive or to be in charge of such a vehicle, the State Director, Motor Vehicle Administration may by notice in writing demand the surrender of such badge, even if in the case of a driver, the licence to drive a motor vehicle has not been suspended or revoked by the magistrate’s court in
accordance with the provisions of these Regulations and the driver or conductor shall be required to surrender the badge to the State Director, Motor Vehicle Administration:
Provided that the driver or conductor if aggrieved may, within eight days of the notice from the licensing authority to surrender the badge, appeal against the notice to a magistrate’s court.
47. Person in charge of stage carriage of omnibus
For the purposes of this Part of these Regulations, the conductor of a stage carriage or omnibus shall be deemed to be in charge of the vehicle except insofar as the driving thereof is concerned.
48. Prohibition of noise, etc.
The owner, driver or conductor or any person acting on behalf of the owner, driver or conductor of a taxi, stage carriage or omnibus standing or plying for hire shall not -
(a) speak, make any noise or sound any instrument in order to attract the attention of the public or of a possible passenger; or
(b) act in any way so as to make himself objectionable or a nuisance to any person or so as to cause any annoyance or inconvenience to any person.
49. No smoking while driving
The driver of a taxi, stage carriage or omnibus shall not smoke while driving the vehicle for hire.
50. First two taxi drivers to stay by
(1) The drivers of the first two taxis on a stand shall stay beside their vehicles and shall be ready to be hired at once by any person.
(2) If any person wishes to engage a taxi of a particular seating capacity or type and if such a taxi is not the first one on the stand, the driver of the first taxi of the required seating capacity or type on the stand shall accept the hire.
(3) All taxis on the stand shall move up as vacancies occur.
51. Taxi drivers not to stop longer than necessary
The driver of a taxi when hired shall not, unless requested to do so by the hirer, stop his vehicle for a longer time than is reasonably necessary and, if he is not hired, he shall not stop his vehicle except on a public stand, and he shall not loiter when driving his vehicle on a highway.
52. Taxi driver refusing to be hired without reasonable excuse
The driver of taxi shall not without reasonable excuse refuse to -
(a) be hired when the vehicle is not on the stand; or
(b) drive the vehicle to any place indicated by the hirer if the whole journey, including the return journey, does not exceed forty kilometres; or
(c) carry such number of passengers, not exceeding the number specified in the registration book for the vehicle, as he may be required to carry by the hirer.
53. Procedure regarding property left in vehicle
If the driver of a taxi or the conductor or driver of a stage carriage or omnibus finds any property left in the vehicle after the completion of a journey he shall without undue delay take it to the nearest police station or the Drivers Union office in the motor park.
54. Person travelling in stage carriage or omnibus
No person shall, while travelling in or upon a stage carriage or omnibus -
(a) use any obscene, indecent, offensive or quarrelsome language or gesture, or behave in any manner likely to annoy or insult any other person; or
(b) wilfully interfere with the comfort of any other passenger; or
(c) spit upon or out of, or wilfully soil any part of the vehicle; or
(d) wilfully damage or deface the vehicle or any part thereof or any part of its equipment; or
(e) wilfully do or cause to be done with respect to any part of the vehicle or its equipment anything which is calculated to interfere with the working of the stage carriage or omnibus or so as to cause injury or discomfort to any other passenger; or
(f) wilfully obstruct or impede the driver or conductor in the exercise of their duty; or
(g) enter into conversation with the driver of the vehicle whilst it is in motion; or
(h) smoke or carry a lighted pipe, cigar or cigarette in any part of the vehicle whether or not a notice prohibiting smoking is exhibited in the vehicle; or
(i) sell or offer for sale or distribute any goods or any printed matter of any description; or
(j) throw any article from any part of the vehicle; or
(k) refuse to pay his fare when lawfully demanded; or
(l) cause an obstruction to the entrances or exits thereof or to the passenger way used to obtain access to the seats in the vehicle.
55. (1)All passenger carrying commercial vehicles shall, before commencing any intercity journey, keep and maintain a passenger manifest carrying the names of its passengers, their addresses and either their point of departure or destination or both.
(2) Where the journey is disjointed by reason of some passenger alighting before the pre-determined destination, another passenger may be admitted on board, and the terminal point of the former shall be recorded and the particulars of the latter entered in the manner prescribed in paragraph (1) of this regulation.
(3) A person taking charge of a motor vehicle shall not admit or cause to be admitted on board the vehicle, any passenger who fails or refuses to furnish his particulars in accordance with the provisions of this regulation.
(4) The driver or person taking charge of a passenger commercial vehicle shall, when requested by a Road Marshal, Police Officer or Road Traffic Officer in uniform, present the manifest for scrutiny.
(5) The passenger manifest shall be bound in the form of a booklet and kept in triplicate such that one copy shall be deposited with the office at the point of departure, another kept at the office of the final destination and a copy kept as a permanent record for future reference in the vehicle and shall be in the form prescribed in RS Form 50 specified in Schedule 3 of these Regulations.
(6) A driver or a person taking charge of a passenger commercial vehicle who fails to comply with this provision is guilty of an offence and liable on conviction to a fine of N2,000 or to imprisonment for a term of six months.
(7) A person shall not -
(a) cause or permit any vehicle to stand or ply for hire which is not licensed under these Regulations; or
(b) cause or permit any vehicle to stand or ply for hire which does not carry an identification plate as required by these Regulations; or
(c) cause or permit any vehicle to ply for hire without exhibiting the table of fares and timetable (if any) and the number of persons the vehicle is licensed to carry; or
(d) cause or permit any taxi which under these Regulations is required to be fitted with a meter or other device for indicating authorised fares to stand or ply for hire without such a meter or device in proper working order, or, while hired, fails to bring such meter or device into operation, or alters, damages or interferes in any way with the proper operation of such meter or device; or
(e) cause or permit any taxi, stage carriage or omnibus to stand for passengers at any place except at a stand appointed by the State Director, Motor Vehicle Administration or otherwise any person authorised under any written law; or
(f) while in charge of a stage carriage or omnibus pick up or let passengers alight except at the stopping place prescribed by the State Director, Motor Vehicle Administration or otherwise authorised under any written law; or
(g) on a highway drive or be in charge of any motor vehicle standing or plying for hire without wearing the prescribed driver’s badge; or
(h) act as a conductor of a stage carriage or omnibus without being registered by the Directorate of Motor Vehicle Administration; or
(i) act as a conductor of a stage carriage or omnibus without wearing the prescribed conductor’s badge; or
(j) employ as a conductor of a stage carriage or omnibus as person who is not registered by the Directorate of Motor Vehicle Administration; or
(k) while in charge of a taxi, stage carriage or omnibus contravenes or permit any contravention of these Regulations.
(8) Any person who contravenes regulation 54 or 55 of these Regulations is guilty of an offence and liable on conviction to a fine of N2,000 or to imprisonment for a term of 6 months.
PART VI
Use and construction
56. No person shall cause or permit a motor vehicle or trailer to be used on any highway or shall drive or take charge of a motor vehicle or trailer, unless all the conditions set out in this Part of these Regulations are complied with, that is—
(a) a motor vehicle, if its net height exceeds 254 kilograms shall be capable of being so worked that it may travel either forward or backwards;
(b) no motor vehicle or trailer inclusive of the load thereon shall exceed 2.5 metres in width, and no motor vehicle or trailer shall exceed 12 metres overall length;
(c) the overhang of any motor vehicle or trailer shall not exceed seven twenty-fourth of the overall length of the chassis:
Provided that the provisions of this paragraph shall not apply to an omnibus;
(d) no load may protrude more than 0.914 metres beyond the front elevation of a motor vehicle or trailer or more than 1.829 metres beyond the rear elevation of the vehicle or more than 0.76 metres beyond either side of the vehicle, and where the load projects more than 1.219 metres behind the rear elevation of such vehicle, a red flag shall be fixed by day to the extreme end of the load and a red lamp by night in a similar position and the flag or lamp shall be clearly visible from the rear;
(e) the height from the ground level of any vehicle or trailer with any freight or load placed thereon at any point exceed 3.353 metres:
Provided that where the freight or load is entirely composed of seed cotton or cotton lint the height of the highest point of such freight or load from the ground level may be increased to 3.810 metres;
(f) the freight or load on the motor vehicle carried in such manner as to render it possible for such secured freight or load or any part thereof to fall or be jolted off that motor vehicle or trailer when in motion or to come into contact with the road while the motor vehicle or trailer is in motion;
(g) no freight, load or other article whatsoever to be carried on the top or outside of the hood, canopy or roofing of any motor vehicle other than spare wheels or spare tyres for such vehicle unless the vehicle is in possession of a certificate issued to that effect by a road traffic officer;
(h) freight of load of a greater weight than that which the vehicle is constructed to carry, as registered and stated in the registration book, shall not be placed on any commercial vehicle or trailer and the owner shall cause the net weight of the vehicle, the weight of such freight or load and, where required by the road traffic officer the axle weights to be painted on some conspicuous part of the near-side of the vehicle in letters and figures not less than 25 millimetres in height, and of such shape and colour as to be legible and clearly distinguishable from the colour of the ground whereon the letters and figures are painted or marked;
(i) subject to paragraph (a) of this regulation, no person shall be carried within or upon a trailer other than a guard; and no person shall be carried within or upon a commercial vehicle not being a stage carriage or taxi or hearse or commercial vehicle used as a hearse, other than the owner or hirer of the vehicle or the owner of the goods carried on the vehicle or trailer, or the servants or agents of the owner or hirer:
So however that in the case of a vehicle without sides fitted to the body or the sides of which are less than 0.305 metres in height no person, other than a guard, shall be carried except in the cab;
(j) no person shall stand in or on a motor vehicle or trailer which is not covered while such vehicle or trailer is in motion.
57. Tyres, etc.
(1) A motor vehicle and trailer shall be fitted with pneumatic tyres on all its wheels and at no point of the circumference of such pneumatic tyres shall the depth of the tread be less than one millimetre.
(2) No person shall use or cause or permit to be used on a road any motor vehicle or trailer any wheel of which is fitted with a re-cut pneumatic tyre the fabric of which has been out or exposed by the re-cutting process.
(3) Tyres of vehicles shall carry on the side walls full specifications and safety regarding the load capacity, maximum standard speed permitted, pressure at full load, in and codes for date of production.
(4) All commercial motor vehicles carrying ten persons or more passengers shall have emergency exits.
(5) The front and rear bumpers shall be made of collapsible materials 50 cm × 12 cm in an area above the surface of the road and be spaced at least 12 cm from the main frame of the vehicle.
(6) All motor vehicles plying the highways shall be in possession of a good electric or air horn, jack, wheel spanner, tools, fire extinguisher, inflated spare tyre, first aid box and emergency warning triangles or cones.
(7) The fire extinguisher shall be carried for different categories of vehicles as follows -
(a) articulated vehicles/trailers 2 Nos. 9 kg;
(b) lorries 2 Nos. 6 kg;
(c) luxury buses 2 Nos. 6 kg;
(d) buses 1 No. 2 kg;
(e) pick-up vans 1 No. 2 kg;
(f) taxi cab/private cars 1 No. 1 kg,
and conform with specifications set out in Schedule 13 to these Regulations.
[Schedule 13.]
58. Brakes
(1) A motor vehicle shall be equipped with two entirely independent and efficient braking systems, or with one efficient braking system having two independent means of operation, in either case so designed or constructed or maintained that the failure of any single portion of any braking system shall not, even under the most adverse conditions, prevent the brakes on two wheels or, in the case of a vehicle having less than four wheels, on one wheel, from operating effectively so as either to hold such wheels from revolving or to have the same effect in stopping the motor vehicle as if such wheels were so held:
Provided that in case of a single braking system the two means of operation shall not be deemed to be otherwise than independent solely by reason of the fact that they are connected either directly or indirectly with the same cross-shaft.
(2) In the case of a motor vehicle having more than three wheels and equipped with two independent braking systems each such system shall be so constructed, designed and maintained that if it acts (either directly or indirectly) on two wheels only it shall act on two wheels on the same axle.
(3) Where in the case of a single braking system, the means of operation are connected either directly or indirectly with the same cross-shaft, the brakes applied by one of such means shall act on all the wheels of the motor vehicle directly and not through the transmission gear.
(4) In all cases the brakes operated by one of the means of operation shall be applied by direct mechanical action without the intervention of any hydraulic, electric or pneumatic device.
(5) In all cases the brakes operated by one of the means of operation shall act directly upon the wheels and not through the transmission gear.
(6) Except in the case of a motorcycle, with or without a sidecar attached, the braking systems shall be so designed, constructed and maintained that it may be set so effectually to prevent two at least, or in the case of a motor vehicle having only three wheels, one of the wheels, from revolving when the vehicle is left unattended.
59. Silencers and exhaust
(1) All engines of a vehicle shall be efficiently silence and no cut-outs or open exhausts shall be used.
(2) Exhaust pipes for heavy duty diesel-operated trucks shall be positioned to the kerb or near side.
(3) The exhaust pipes of any motor vehicle shall not emit any smoke whatsoever.
60. Lighted lamp
(1) All motor vehicles shall have complete headlights, parking lights and trafficating lights in good working condition.
(2) All motor vehicles and trailers between sunset and sunrise shall be required to carry lighted lamps which shall be electric or other kind of light approved for the purpose by either the Director of the Commission, or the State Director, Motor Vehicle Administration and no other light of any colour other than those which are laid down in these Regulations shall be exhibited on any vehicle without the express permission in writing of the Director of the Commission:
Provided that all illuminated mascots, if fitted as a standard fitting, may be retained and illuminated direction indicators may be used.
(3) The lamps referred to in paragraph (2) of this regulation shall be placed as follows-
(a) motor vehicles, except motorcycles without sidecars, shall carry at least two lamps in front, one on each side of the vehicle, so constructed or placed as to exhibit a white light which shall illuminate visible within a reasonable distance in the direction towards which the vehicle is facing and clearly indicate the width of the vehicle;
(b) in the case of commercial vehicles when either of the lamps referred to in subparagraph
(a) of this paragraph is placed in such a position that the distance of the
centre of the lamp from the extreme outside point of the vehicle on its appropriate side exceeds 0.305 metres, two additional lamps shall be fitted at the front side of the vehicle, one on each side so that its centre shall not exceed the aforesaid distance of 0.305 metres and so clearly as to indicate the width of the vehicle to approaching traffic and the lamps shall be focused below the horizontal and exhibit a light of sufficient power only to indicate the width of the vehicle;
(c) all motor vehicles shall carry at least two motor tail-lamps with reflectors which when illuminated shall be visible within a reasonable distance and shall be placed one on either side of the rear of the vehicle so clearly to indicate its width; one of such lamps shall be so constructed as to illuminate and render easily distinguishable every letter and figure on the identification plate fixed on the back of the motor vehicle, unless a separate lamp is carried which adequately fulfils this purpose;
(d) a motorcycle without a sidecar shall carry one lamp in front so constructed or placed as to reveal a white light visible within a reasonable distance in the direction towards which the motorcycle is facing;
(e) a motorcycle without a sidecar, shall have one red tail-lamp with a reflector and when illuminated shall be visible within a reasonable distance and shall be placed in an unobstructed position on the rear of the motorcycle and be so constructed as to check or render easily distinguishable every letter and figure on the identification plate fixed on the back of the motorcycle;
(f) a motorcycle with a sidecar shall in addition have a red lamp which when illuminated shall be visible within a reasonable distance when viewed facing the rear of the sidecar and shall be placed in an unobstructed position on the extreme near side of the sidecar;
(g) motor vehicles shall carry two yellow stop-lights which shall become illuminated whenever the foot brake of a vehicle is engaged and shall be placed on either side of the back of the vehicle:
Provided that a motorcycle with or without a sidecar shall carry only one such stoplight;
(h) when a trailer is attached to a motor vehicle sub-paragraphs (b), (e) or (g) of this paragraph shall also apply to the trailer;
(i) trailers shall be fitted with reflectors on both sides of the back of the trailer showing the letter “T” in amber written on a white reflective background of the tailboard which shall be of minimum height of 0.152 metres;
(j) any headlamp shall be placed so as not to project above the bottom of the frame of the windscreen and shall not be placed more than 1.069 metres or less than 0.610 metres from the ground;
(k) no side, parking or rear lamp shall exceed six watts;
(l) no headlamp shall be used unless such lamp is so constructed, fitted or maintained that the beam of light emitted therefrom -
(i) is permanently deflected downwards to such an extent that it is at all times incapable of dazzling any person, standing on the same horizontal plane as the vehicle at a greater distance than 6.100 metres from the lamp, whose eye level is not less than 1.070 metres above the plane;
(ii) can be deflected downwards or both downwards and to the right at the will of the driver in such a manner as to render it incapable of dazzling any person in the circumstances aforesaid; or
(iii) can be extinguished by the operation of a device at the same time causing a beam of light to be emitted from the lamp which complies with sub-paragraph (i) of this paragraph;
(m) all motor vehicles shall be fitted with a device for deflecting or extinguishing lights;
(n) no light, other than a yellow light or light of such other colour as may be prescribed, shall be affixed to the front of any vehicle;
(o) no light other than a red light shall be affixed to the rear of any vehicle except that a white light, may be exhibited when the vehicle is actually in the process of being reversed.
61. Approved guidelines
(1) A motor vehicle shall be fitted with an efficient electric horn sounding not more than a single note and the use by motor vehicles of any form of warning appliances other than of a type approved by the Director of the Commission and the State Director, Motor Vehicle Administration is prohibited.
(2) No motor vehicle shall be fitted with excessively loud horns so that when such horns are sounded it would constitute a nuisance to other road users.
62. Driving mirrors
(1) All commercial vehicles shall be equipped with at least three mirrors which shall be fitted externally, one on the offside and the other on the nearside of the vehicle, and the mirrors shall be so constructed or fitted to the motor vehicle as to assist the driver to be aware of traffic to the rear and on both sides rearward.
(2) A motor vehicle shall carry a driving mirror which shall be so fixed on the vehicle as to enable the driver when driving to -have a clear view reflected in the mirror of any following traffic.
(3) A motor vehicle shall have fitted in the front and rear seats, seat belts which shall be utilised by any occupant of such a vehicle while it is in motion.
63. Wheel alignment
A motor vehicle or trailer when moving on any highway shall have its wheels properly aligned to the chassis so that the true rolling motion of the wheels or trailer shall be conveyed to the road and no motor vehicle or trailer with defective wheel, wheel hub, or axle tree, shall be used on any highway.
64. Steering apparatus
(1) A motor vehicle shall be provided with a strong and reliable steering gear which shall be provided in such a state of repair and adjustment as to allow the vehicle to be turned readily and with certainty and the steering apparatus or driving gear of a motor vehicle shall be so arranged that the driver can manipulate the controls with certainty and at the same time have a clear view of the road.
(2) A motor vehicle for use on Nigerian highways, shall be equipped with steering air bag installed to prevent head injury to the driver in case of an accident.
(3) The Director of the Commission shall, in pursuance of the powers conferred upon him by these Regulations, determine the commencement date for the use of the steering air bag under these Regulations.
65. Springs
(1) A motor vehicle, including a motorcycle and semi-trailer, shall be equipped with suitable free-acting or efficient springs, and these springs shall be kept at all times in proper alignment or properly secured to the axle or to the frame of the vehicle so that no undue lateral movement is allowed.
(2) In this regulation, “motor vehicle” includes vehicles with air or hydraulic suspensions.
66. Laminated windscreen and safety glass
(1) All glass fitted to a motor vehicle shall be laminated or safety glass approved by the Director of the Commission or the State Director, Motor Vehicle Administration and shall be maintained in such condition as not to obscure the vision of the driver while the vehicle is being driven on the highway, and no ornaments or impediments of any descrip-tion shall be placed on or near such glass which are likely to obscure the vision of the driver to both the front or the rear of the vehicle.
(2) All glass fitted to a vehicle shall be clear and transparent to enable persons outside the vehicle to see whoever is inside the vehicle and the glasses shall in no way be tinted except as may be approved by the Inspector-General of Police for security reasons.
67. Windscreen wipers
A motor vehicle shall be fitted with an electrically or mechanically operated
windscreen wiper on the windscreen immediately in front of the driver’s seat and such wiper shall be maintained in proper working order.
68. Mudguards
A motor vehicle or trailer shall be provided with wings or similar means to catch as far as practicable mud or water thrown up by the rotation of the wheels, unless adequate protection is afforded by the body of the vehicle.
69. Speedometers
A motor vehicle shall be fitted with an efficient speedometer which shall be plus or minus ten per cent accurate at 50 kilometers per hour and which shall be maintained in proper working order.
70. Spirit tankers
(1) Spirit, explosives, petrol and gas tankers shall -
(a) be fitted with double-pole armoured wiring with insulated-return electrical units and a battery-insulation master switch;
(b) carry warning danger labels to be displayed conspicuously at the front and rear of the vehicle as specified in Schedule 10 to these Regulations;
(c) under no circumstance carry additional freight and load on top of the tanker; and
(d) park away from populated areas.
71. General
A motor vehicle or trailer and all parts and accessories of such vehicle or trailer shall be in such condition as not to cause or be likely to cause danger to any person therein or any person using the highway or any property lying on or adjoining the highway.
72. Leg guards
A motorcycle shall be fitted with two leg guards placed in such a position and of a type approved by the State Director, Motor Vehicle Administration.
73. Exemption and issue of permits
(1) Notwithstanding the provisions of paragraphs (d) and (c) of regulation 74 of these Regulations, the Director of the Commission, the National Director of Motor Vehicle Administration and the State Director, Motor Vehicle Administration, may grant in writing for a particular occasion or particular occasions, a permit for the carriage by a motor vehicle or trailer of any specified freight or load which by reason of the nature of the freight or load is incapable of being so placed on the vehicle as to conform to this provision of these Regulations.
(2) The permit referred to in paragraph (1) of this regulation shall be carried by the driver of the motor vehicle on such occasion or occasions and shall be produced by him on demand by a road traffic officer, a route commander or a police officer.
(3) Notwithstanding the provisions of paragraph (b) of regulation 56 of these Regulations, the National Director of Motor Vehicle Administration or the State Director, Motor Vehicle Administration may grant in writing for a particular occasion or particular occasions a permit for the use of a motor vehicle or trailer which does not conform with the requirement of the said sub-paragraph and such permit shall be subject to any conditions endorsed thereon and such permit shall be carried by the driver of the motor vehicle on such occasion or occasions and shall be produced by him on such occasion or occasions on demand by a road traffic officer, a route commander, or police officer.
(4) Notwithstanding the provisions of regulations 65 of these Regulations, the National Director of Motor Vehicle Administration and the State Director, Motor Vehicle Administration may grant in writing a permit exempting a specified type of motor vehicle or trailer from the requirements of the said sub-paragraph.
(5) The permit referred to in this regulation shall state concisely and precisely the conditions which have necessitated the issuance of the permit.
74. Conditions for use of trailer
A semi-trailer shall not be used on any highway unless the following special
conditions are observed -
(a) the coupling provided for attaching the trailer to a prime mover shall be efficient for the purpose;
(b) the three or four wheeled semi-trailer exceeding 0.508 tonnes net weight or two wheeled trailer exceeding 0.254 tonnes net weight shall have a brake in good working order which shall be operated from the cab of the motor vehicle and which when applied shall cause two of the wheels of the trailer on the same axle to be so held that the wheels shall be effectually prevented from revolving, or shall have the same effect in stopping the trailer as if such wheels were so held:
Provided that this paragraph shall not apply where a trailer is drawn only by a tractor;
(c) the gross weight of a two- or three-wheeled trailer shall not exceed four tonnes and the gross weight of a four-wheeled trailer shall not exceed ten tonnes on each single axle;
(d) not more than ten tonnes shall be carried on any single axle or sixteen tonnes on a tandem axle of a trailer:
Provided that the State Director, Motor Vehicle Administration may by consent in writing, and subject to any condition which he may impose, exempt a particular trailer from these provisions and may authorise the road traffic officer to give such consent in writing on his behalf subject to any such condition;
(e) the wheel base of any trailer having an axle weight of six tonnes or over shall not be less than 3.048 metres between axle centres;
(f) not more than one person may be carried or be permitted to be carried in a trailer:
Provided that the road traffic officer may by consent in writing, and subject to any conditions which he may impose, exempt a particular trailer from this provision.
75. Motor vehicle with right hand driver
No motor vehicle shall be driven on any public road if the steering apparatus of the motor vehicle is fitted on the right-hand side of the vehicle.
76. Illuminated indicators, etc.
(1) A motor vehicle (including motorcycle) shall be fitted with efficient direction indicators and shall conform to any of the following -
(a) two direction indicators which shall, when in operation, be in the form of an illuminated sign of amber colour of a minimum illuminated length of 0.203 metres and of a maximum illuminated breadth of one fourth of the length, and the illumination surface shall be visible from both the front and the rear of the vehicle;
(b) four direction indicators two of which shall be fitted at the front of the vehicle and two at the rear of the vehicle, which shall, when in operation, be in the form of a flashing sign clearly visible within a reasonable distance when facing the front of the vehicle shall be of an amber or white colour and those fitted at the rear of the vehicle shall be of an amber or red colour and they shall be fitted to the front and the rear of the vehicle in such a position as to indicate clearly, when in operation, that the vehicle is turning either left or right; or
(c) two direction indicators one of which shall be fitted to the near side of the vehicle and one to the far side of the vehicle which shall, when in operation, be in the form of a flashing sign clearly visible within a reasonable distance when facing both the front and rear of the vehicle and front part of each indicator shall be of an amber or white colour and the rear part shall be of an amber or red colour and they shall be fitted in such a manner as to indicate clearly, when in operation, that the vehicle is turning either left or right.
(2) In the case of a motor vehicle not fitted with electric lighting equipment or where it is impracticable to obtain an illuminated indicator conforming to the requirements of paragraph (1) of this regulation, every motor vehicle including a motorcycle with or with-out sidecar shall be fitted with at least two efficient direction indicators which shall be in the form of a pointer not less than 0.305 metres in length and 51 millimetres in breadth presenting, when in operation, a white surface visible from both the front and the rear of the vehicle.
(3) Direction indicators intended to indicate a right-hand turn shall be fitted only on the near side and direction indicators intended to intimate a left-hand turn shall be fitted only on the off side or left side of the vehicle and the driver of the vehicle, when in his driving seat, shall be readily aware that such indicators are operating correctly.
(4) A direction indicator shall be so fitted that, when not in operation, it shall not be likely to mislead any other road user or any person controlling traffic.
(5) A light shown by a direction indicator shall be diffused by means of frosted glass or other adequate means.
77. Examination of commercial and private vehicle
(1) A commercial vehicle trailer, taxi stage carriage, omnibus or motorcycle for hire shall before being registered or licensed and every six months thereafter be examined by a road traffic officer.
(2) A private vehicle or motorcycle shall be examined four years after the date of manufacture and every twelve months thereafter.
(3) Where at an examination a vehicle is found to be roadworthy, the road traffic officer shall issue a certificate to that effect as in RS Form ML. 9 specified in Schedule 3 to these Regulations which shall remain valid in the case of private vehicles and motorcycles for twelve months and in every other case for six months and a sticker, the form and colour to be determined by the Director, Motor Vehicle Administration, shall be displayed on a conspicuous part of the vehicle and the certificate shall be produced when required by a route commander or a police officer.
(4) Notwithstanding, the provisions of paragraph (3) of this regulation the issuance of roadworthiness certificate of any particular vehicle, be it private or commercial, as in RS Form ML 9 specified in Schedule 3 to these Regulations shall be accompanied by a roadworthiness validity tag and shall be conspicuously displayed on the windscreen of such vehicle.
(5) A duplicate certificate shall be issued upon application to the road traffic officer and upon the payment of the fees prescribed in these Regulations but where the registration book has been lost the State Director, Motor Vehicle Administration shall authorise the issuance of a replacement of the current certificate if any, contained in the registered book after he has been so satisfied himself.
(6) Where a vehicle has been examined and is found not to be roadworthy in any respect whatsoever, the owner of the vehicle shall be served with a notice in writing as specified in RS Form ML. 41 set out in Schedule 3 to these Regulations by the inspecting officer or route commander setting out the defects to be remedied, and a red sticker pasted on the windscreen of the vehicle and the owner shall not after receipt of such notice permit the vehicle to be used or submit the vehicle for licence to any licensing authority until such time as the defects have been remedied to the satisfaction of the road traffic officer.
[RS Form ML 41. Schedule 3.]
(7) The form of the red sticker may be determined by the Director of the Commission and the Director, Motor Vehicle Administration, from time to time.
(8) Any vehicle examined and found to be un-roadworthy, a notice “DO NOT MOVE” shall be affixed on the windscreen by the road traffic officer.
(9) No fee shall be payable by the owner for the first examination of his vehicle under this regulation but the fee prescribed in these Regulations shall be required to be paid in respect of every subsequent examination of the vehicle.
78. Vehicles not to exceed 32 tonnes gross weight
(1) No motor vehicle shall be used on a highway if the axle weight of any of its axles exceeds ten tonnes, or if the gross weight of the vehicle exceeds 32 tonnes:
Provided that the Director, Motor Vehicle Administration may, by consent in writing and subject to such conditions, if any, as he may impose, exempt a motor vehicle exceeding such weights from this regulation and may authorise the road traffic officer to give such consent in writing on his behalf subject to such condition.
(2) The Director, Motor Vehicle Administration may, by consent in writing and subject to any conditions he may impose, exempt any vehicle, trailer, or plant used for the construction or maintenance of roads or bridges from complying with the provisions of this regulation.
(3) A consent given under the provisions of this regulation shall be carried at all times on the vehicle until its revocation or expiration.
79. Motor vehicle to have reflex reflectors
A motor vehicle other than a two-wheeled motorcycle without a sidecar shall be equipped at the rear with at least two red reflex reflectors other than the triangular form and -
(a) on either side, the outer edge of the illuminating surface farthest from the vehicle’s median longitudinal plane shall not be more than 0.40 metre from the extreme outer edge of the vehicle;
(b) the reflex reflectors shall be visible to the driver of an approaching vehicle from the rear at night in clear weather, at a distance of at least 150 metres when illuminated by the driving lights of that vehicle.
80. Trailers to be equipped with reflectors
(1) A trailer shall be equipped with at least two red reflex reflectors and -
(a) each reflector shall have the shape of an equilateral triangle with one vertex uppermost and one side horizontal, and with side not less than 0.15 metre or more than 0.20 metre long;
(b) on either side, the outer edge of the illuminating surface farthest from the trailer’s median longitudinal plane shall not be more than 0.40 metre from the extreme outer edge of the trailer; so however that, any trailer with an overall width not exceeding 0.80 metre may be equipped with only one reflector if it is coupled to a two-wheeled motorcycle without sidecar; and the reflectors shall meet the requirements for visibility specified in regulation 79 of these Regulations.
(2) A trailer shall be equipped at the front with two white reflex reflectors of other than triangular form and the reflectors shall meet the positioning and visibility requirements specified in regulation 79 of these Regulations.
81. Asserting of weight
A road traffic officer, route commander or police officer may, at any time and for reasonable cause, require a commercial vehicle or trailer to be driven to any reasonably convenient place to have its net or gross weight or any axle weight ascertained, and the person driving or in charge of such vehicle or trailer shall be required to comply with any such requirement.
82. Breach of Regulations
No person shall cause or permit to be used on any highway or shall on any highway drive or take charge of a motor vehicle or a trailer when it does not comply with the provisions of these Regulations, or which is so used or driven as to contravene the provisions of these Regulations.
PART VII
Driving
83. Driving speed limit, etc.
A person driving or in charge of a motor vehicle when used on any highway shall -
(a) not in any town, village, residential or industrial area, drive at a speed exceeding that shown on a speed sign as illustrated in Schedule 5 of these Regulations if any such sign is exhibited, or if no such sign is exhibited, at a speed exceed-ing 50 kilometres an hour;
(b) if the vehicle is a commercial vehicle, exceed the speed limit prescribed in the Schedule 6 to these Regulations;
(c) cause the vehicle to travel backwards further than may be necessary for turning or other reasonable purpose;
(d) let the vehicle be in such position that he cannot control the same, or that he cannot obtain a full view of the road and traffic ahead of the vehicle;
(e) whenever necessary and provided it is not in contravention of any law, by sounding his horn or other appliances giving audible sufficient warning of the approach or position of the vehicle use any appliance which has not been approved by the Director, Motor Vehicle Administration or State Director Motor Vehicle Administration, or make any unnecessary noise with his horn or other appliance;
(f) on the request of any route commander, police officer or road traffic officer in uniform or of any person having charge of a horse, mule or donkey or other beast of draught or burden or any cattle, sheep, goats, or pigs, or if any such officer or person put up his hand or blow his whistle as a signal for that purpose, cause the vehicle to stop and remain stationary or proceed at not more than 6.5 kilometres an hour if so desired and for so long as may be reasonably necessary;
(g) before rounding any curve or corner, or entering or crossing a road or approaching a fork, reduce speed and in rounding any curve or corner, keep as close as possible to the right hand side of the road and when rounding any corner or any curve at which the road ahead is not visible for a greater distance than 92 metres or entering or crossing or attempting to pass any traffic travelling in the same direction and shall not otherwise than by reason of an enforced stoppage or owing to the necessities of traffic, stop his vehicle within 8 metres from any corner;
(h) not be asleep while in charge of the vehicle on a highway;
(i) draw up his vehicle close to the side of and where provided, on the shoulders of the road, so as to allow a clear roadway for passing traffic and obey the direction of any route commander, a road traffic officer in uniform as to where he is to place his vehicle while waiting on the road, and not leave the vehicle unattended on any highway while the engine is running or quit the vehicle without having applied the handbrake and without having taken due precautions against it being started in his absence, or allow the vehicle to stand on the highway as to cause any unnecessary obstruction thereto;
(j) except in the case of a motorcycle, carry on the vehicle at least one spare wheel with an inflated tyre capable of being fitted to an axle, a jack or other appliance sufficiently strong to lift the vehicle for the purposes of changing a wheel, and the necessary tools for effecting such charge;
(k) obey all directions, whether verbal or by signal given by a route commander, a road traffic officer, police officer in uniform to stop the vehicle, or to make it slow down or pass on any indicated side of such officer and keep to any indicated line of traffic;
(l) make use of the hand signals specified in Schedule 4 to these Regulations and pay regard to such signals when used by other persons; but where mechanically or electrically operated direction indicators are fitted to a vehicle they may be used instead of or in addition to hand signals;
[Schedule 4.]
(m) comply with the signs illustrated in Schedule 5 to these Regulations and all other traffic signs placed on or near any highway in accordance with the provisions of these Regulations or by an authority responsible for the highway;
(n) obey all notices, on, near or visible from, any highway where such notices are erected or exhibited in accordance with the provisions of these Regulations or by an authority responsible for the construction or maintenance of the highway for the purpose of prohibiting, restricting, or regulating traffic over bridges, or sections of the road;
(o) on approaching any road marshal or a police officer on duty at any road junction give the appropriate signal to him, and on no account make a turn or proceed to cross the road until the road marshal or a police officer has signalled permission for him to do so;
(p) permit any person to be in the vehicle in such a position as to interfere with the driver’s control of the vehicle or his full view of the road and traffic ahead or his ability to make the hand-signals prescribed in Schedule 4 to these Regulations and in a left-hand steering controlled vehicle permit any person to sit or stand on the left side of the driver, nor more than two persons on the right-hand side of the driver;
(q) on demand being made by a route commander, a superior police officer or road traffic officer in uniform produce his licence to drive such a vehicle for the inspection of such officer;
(r) not permit any person to ride on the wings, running boards, fenders or bonnet or sides of the vehicle except for the purpose of testing the vehicle during repairs;
(s) not permit, in the case of a commercial vehicle, any person to ride on the steps, tail-board or roofing of the vehicle, nor on any load or freight on the vehicle or on any trailer drawn thereby, if any part of the person on such load or freight is at a greater height than 3.353 metres from the ground level;
(t) not permit any person other than the person in charge thereof to be carried on a motor vehicle which is being drawn by another motor vehicle;
(u) not leave the vehicle if disabled on any highway except at the right or nearside or shoulder of the road and in such case, cause such vehicle to bear lighted lamps at the front and rear thereof between sunset and sunrise as specified in regulation 60 (3) (a) of these Regulations.
84. Rule of the road
(1) When two or more motor vehicles approach each other on a highway, the driver of each vehicle shall, where by reason of the width and condition of such highway it is necessary or desirable so to do, cause his vehicle to slow down for the purpose of allowing safe passage to the other vehicle or any other traffic on the highway.
(2) A driver of a motor vehicle shall, when approaching and passing another vehicle coming from the opposite direction, drive his vehicle on the right or near-side of the highway.
(3) A driver of a motor vehicle when overtaking another motor vehicle proceeding in the same direction shall pass such vehicle on the left or off-side thereof; except when the driver in front has signalled his intention to turn left or when traffic is moving slowly in queues and vehicles in the left lane are slower than he is.
(4) When a motor vehicle is being overtaken by another, the front vehicle shall slow down to allow the overtaking vehicle to pass safely.
85. Rule of the road and commercial vehicle, etc.
The driver of a commercial vehicle shall, whenever it is necessary or desirable by reason of the width or condition of the highway so to do, stop his vehicle in order to allow lighter motor traffic approaching or overtaking him to pass.
86. Provision relation to motorcycle driver and passenger
(1) The driver of a motorcycle shall not carry any person in front of him on the motorcycle but, if the motorcycle is fitted with a seat properly constructed for that purpose and firmly affixed to the frame, may carry not more than one person sitting astride at the ear of the motorcycle; and where a side car is firmly attached to the motorcycle he may carry not more than the number of persons for which seating capacity in such sidecar is provided by the manufacturers.
(2) If the driver of a motorcycle is the holder of a learner’s permit no person shall be carried at the rear of the motorcycle unless that person is licensed to drive a motorcycle.
(3) Where a motorcycle is registered in the commercial category, it shall conform with the provisions of this regulation and shall be painted with the approved taxi colour of the State.
(4) In the case of a motorcycle having three wheels and is registered for hire, the road traffic officer shall ascertain the number of persons to be carried, licensed on gross vehicle weight and it shall be painted on the motorcycle with the approved taxi colour.
87. Molesting or obstruction of the driver
Any person on a motor vehicle who in any way obstructs or molests the driver of such motor vehicle whilst the motor vehicle is in motion is guilty of an offence and liable on conviction to a fine of N1,000.
88. Stoppage of machinery of stationary motor vehicle, etc.
(1) The driver of a motor vehicle shall avoid unnecessary noise when the motor vehicle is stationary and for that purpose every motor vehicle shall be so constructed as to enable the driver, when the motor vehicle is stationary, to stop the action of any machinery attached to or forming part of the vehicle in so far as may be necessary for the prevention of noise.
(2) Proper precautions shall be taken by the owner or by the person in charge of any motor vehicle to prevent the unnecessary discharge of the products of combustion, steam or lubricating oil on any highway.
(3) A driver or person in charge of a motor vehicle shall not cause or permit the motor vehicle or trailer drawn thereby to remain at rest on a road in such a position or in such a condition or in such circumstances as to be likely to cause danger to other persons using the road.
(4) The driver of a motor vehicle shall not when the vehicle is in motion engage in such activities such as smoking or eating any type of food items so as to make it impossible for him to hold the steering with both hands.
89. Punishment for contravening Part VII
(1) Any person who drives or causes or permits a motor vehicle to be driven on the highway thereby contravening any provision of Part VII of these Regulations, is guilty of an offence and liable on conviction to a fine of N500 or to imprisonment for a term not exceeding six months or to both such fine and imprisonment.
(2) The driver of a vehicle shall take precautions when approaching a pedestrian or zebra crossing.
(3) The driver or person in charge of a vehicle driving negligently or dangerously on approaching a pedestrian or zebra crossing is guilty of an offence and liable on conviction to a fine of N1,000 or to imprisonment for a term not exceeding two years or to both such fine and imprisonment.
PART VIII
Removal of vehicles
90. Removal of vehicles from highways
(1) Where a motor vehicle is stationary on a highway any road marshal, a police officer not below the rank of inspector or any road traffic officer in uniform may, subject to paragraph (3) of this regulation, cause the vehicle to be removed to a removed vehicles park if he -
(a) has reasonable cause to believe that the presence of the vehicle on the highway is in contravention of any appropriate law; or
(b) is of opinion that the vehicle is in such a position, condition or circumstance as to cause obstruction to other persons using the highway or as to be likely to cause danger to such persons; or
(c) is of opinion that the vehicle is in such a position as to have been abandoned or to have broken down.
(2) A person acting in pursuance of paragraph (1) of this regulation in respect of any vehicle may use such force as may be reasonably necessary for the purpose of removing the vehicle or of gaining access to any part of it in order to facilitate the removal of the vehicle.
(3) Where a vehicle is removed pursuant to this regulation, the owner or driver of the vehicle shall pay a sum of N50 for every day or part thereof of such obstruction in addition to any other penalty which may be prescribed under this regulation or any other law otherwise than by the provisions of regulation 92 of these Regulations.
(4) Where a road marshal, a police officer or road traffic officer has given instruction for the removal of a vehicle in pursuance of paragraph (1) of this regulation but -
(a) the vehicle has not been moved from its position in pursuance of the instruction; and
(b) the person claiming to be entitled to the custody of the vehicle gives to any person proposing to carry out the instructions an undertaking to remove the vehicle forthwith, the instruction shall cease to have effect if the undertaking is fulfilled; except as provided by the foregoing provisions of this paragraph.
(5) A person claiming to be entitled to the custody of a vehicle in respect of which instructions under this regulation have been given shall not be entitled to recover the vehicle otherwise than in accordance with the provisions of this regulation.
91. Provision relating to removed vehicles park, etc.
(1) It shall be the duty of the Director of the Commission and the State Director, Motor Vehicle Administration to -
(a) provide and maintain places to which vehicles may be removed in pursuance of regulation 90 of these Regulations and ensure that an official in charge of each removed vehicles park is at all times present in the park when removed vehicles are in it;
(b) provide suitable facilities (including equipment and persons to operate it) for the removal of vehicles in pursuance of regulation 90 of these Regulations;
(c) make reasonable arrangements for the safe custody of removed vehicles while they are in a removed vehicles park;
(d) provide and maintain at its principal office, a record containing particulars of each removed vehicle and its contents, specifying -
(i) the date of its removal;
(ii) the park in which it is situated; and whether an application in respect of the vehicle has been made to the magistrate’s court in pursuance of paragraph (2) of regulation 93 of these Regulations; and normal office hours for inspection free of charge by members of the public.
(2) A State Director, Motor Vehicle Administration shall not be under any duty toprotect removed vehicles otherwise than as mentioned in paragraph (1) (c) of this regulation, and in particular shall not be under a duty to protect removed vehicles from damage attributed to sun, rain, wind or other physical conditions or any other cause.
92. Procedure for reclaiming removed vehicle
(1) Any person claiming to be entitled to reclaim a removed vehicle shall tender to the official in charge of the removed vehicles park satisfactory evidence to the following effect, that -
(a) he is the owner of the removed vehicle or the person registered as the owner of a vehicle in accordance with the provisions of the appropriate law; or
(b) he is entitled to the benefit of charge, or lien on the removed vehicle; or
(c) he is an accredited dealer of the removed vehicle; or
(d) while not being the owner of the removed vehicle, he is in possession and control thereof with the consent of the owner or other person entitled to possession thereof.
(2) Nothing in this regulation shall be construed as precluding the official in charge of a removed vehicles park from asking for proof of the identity of any claimant.
(3) Notwithstanding the provision of regulation 90 (2) of these Regulations, the claimant shall tender to the officer in charge of the removed vehicles park the appropriate charge in respect of the removed vehicle which shall be -
(a) in the case of a vehicle which is not a commercial vehicle, a sum of N100; or
(b) in the case of a commercial vehicle, a sum of N500, and in all cases a towing fee of N500 may be paid, or an amount to be determined by the Zonal/Sector or Unit Commander, road traffic officer or police officer depending on the distance the vehicle was towed and depending on the category of vehicle towed.
(4) Subject to the provisions of regulation 93 of these Regulations, the official in charge of the removed vehicles park shall, upon receipt of evidence of entitlement to custody of a removed vehicle, the appropriate charge therefore and a receipt specified in the RS Form ML 11 set out in Schedule 7 to these Regulations, deliver the said vehicle to the claimant.
93. Failure to reclaim vehicle
(1) If the driver or owner of a vehicle fails to reclaim the vehicle within six months of the date of its detention the Commission may apply to the High Court for an order forfeiting the vehicle to the Commission which shall thereafter have power to dispose of the vehicle by public auction and deposit the proceeds of the sale thereof into the Consolidated Revenue Fund.
(2) A person claiming to be entitled to -
(a) the benefit of a charge or lien on a removed vehicle apart from its contents; or
(b) the benefit of a charge or lien on any contents of a removed vehicle,
may at any time before the making of an application in respect of the vehicle in pursuance of paragraph (3) of this regulation apply to the court for an order protecting his interest in the vehicle or the contents, as the case may be, and on any such application the court may make such order vesting the vehicle or its contents in any person on such terms as it deems fit.
(3) If, on an application in respect of a removed vehicle is made by the Commission, the State Director, Motor Vehicle Administration after the expiration of the period of six months mentioned in paragraph (1) of this regulation, the court is satisfied that -
(a) immediately before the removal of the vehicle in pursuance of regulation 90 of these Regulations its presence on the highway from which it is removed is in contravention of the appropriate law; or
(b) no person claiming to be entitled to the custody of the vehicle or to any of its contents has taken the steps required by rules of the court for the purpose of enabling him to oppose the application; or
(c) the person who has taken those steps has failed to establish his claim,
the court may order the forfeiture of the vehicle to the Commission, or the State Director, Motor Vehicle Administration and where an order is so made; the vehicle (including its contents where applicable) shall, subject to any order made in pursuance of paragraph (2) of this regulation, vest in the Commission free of any encumbrances, and the Commission may retain it or dispose of it as it may deem fit.
(4) Any application to the court under this regulation shall be made in accordance with rules of court.
(5) In this Part -
(a) “court” means the High Court having jurisdiction in the area in which the Commission or the Directorate of Motor Vehicle Administration making an application in pursuance of regulation 93 of these Regulations is situated;
“removed vehicle” means a vehicle removed in pursuance of regulation 90 of these Regulations;
“removed vehicles, park” has the meaning assigned to it by regulation 91 of these Regulations;
(b) reference to a “vehicle” includes references to any trailer or other thing attached to the vehicle and, except in regulation 92 (1) (a) of these Regulations or where the contrary intention appears, references to the contents of the vehicle.
(6) Nothing in this Part of these Regulations shall be construed as affecting the liability of any person to be convicted of or punished for any offence committed under these Regulations.
PART IX
Special provisions relating to the driving of commercial vehicles
94. Maximum period of driving commercial vehicles
(1) In the case of a commercial vehicle, taxi stage carriage or omnibus, no person may drive, or cause or permit any person employed by him to drive -
(a) subject to the provisions of paragraph (2) of this regulation, for any continuous period of more than five and one-half hours; or
(b) for periods amounting in the aggregate to more than ten and one-half hours in any period of 24 hours commencing two hours after midnight, except that where it is necessary for a driver to conclude a long-distance journey the period may be extended to twelve and one-half hours in all; or
(c) where the driver has not at least eight consecutive hours for rest in any period of 24 hours calculated from the commencement of any period of driving.
(2) Where in any such period of 24 hours one period of duty only is worked not exceeding eight hours in length then such period may, subject to the provisions of sub-paragraph (c) of paragraph (1) of this regulation, be worked instead of the period specified in sub-paragraph (a) of paragraph (1) thereof:
Provided that the driver shall be allowed intervals of rest and time for refreshment of not less than forty minutes in the aggregate and one of such intervals shall be of not less than twenty minutes to be taken earlier than two hours after the beginning nor later than five hours after the beginning of the eight-hours period of duty.
(3) For the purposes of this regulation -
(a) any two or more periods of driving time shall be deemed to be a continuous period unless separated by interval of not less than thirty minutes for the purpose of enabling the driver to obtain rest and refreshment; and
(b) any time spent by a driver on other work in connection with a commercial vehicle or the load carried thereby shall be reckoned as time spent in driving.
(4) Any person who acts in contravention of this regulation is guilty of an offence and liable on conviction to a fine of N2,000, but a person shall not be liable to be convicted under this regulation if he proves to the court that the contravention was due to unavoidable delay in the completion of any journey arising out of circumstances which he could not reasonably have foreseen.
PART X
Special provisions relating to expressway
95. Prohibition of animals on expressway
No person shall on any expressway -
(a) permit the movement of cattle or live stock, other than that being carried in a motor vehicle, on or immediately adjacent to such expressway; or
(b) permit or be concerned with the buying or selling of livestock; or
(c) permit the grazing of livestock, on or immediately adjacent to such expressway.
96. Prohibition of motorcyclists, etc.
Auto-cycles, motorcycles under 50cc, invalid carriages, hand-pushed trucks, pedalcyclists and pedestrians with or without parambulators shall not be permitted on any expressway, except on trucks and paths which have been provided for such use, and may not cross any expressway except at designated locations.
97. Agricultural machine
Agricultural machines shall not be permitted on any expressway.
98. Loading
No person shall, on any expressway, permit the loading or off-loading of any
passenger or goods from any motor vehicle except at designated locations.
99. Boarding, etc., of vehicles
No person shall, on any expressway, board or alight from any motor vehicle except at designated locations.
100. Provisions as to weight, etc.
The following dimensions and weights shall be the maximum permitted for motor vehicles using any expressway - length 18.288 metres;
width 2.591 metres;
height 3.115 metres;
single axle load 10 tonnes;
tandem axle load 16 tonnes:
Provided that the Director of Federal Highways or an officer duly authorised by him, may, when appropriate, grant a permit in writing for the carriage by a motor vehicle or trailer of any specified freight or load which by reason of the nature of the freight or load is incapable of being so placed on the vehicle as to conform to these provisions.
101. Provisions as to length
Motor vehicles exceeding 9.144 metres in length shall be required to carry the following additional lights -
(a) two white lights, not exceeding six watts, which shall be placed on the front, at the extreme off-side and near-side, and at the highest point of the vehicle, so as to indicate to approaching drivers the width and height of the vehicle;
(b) two red lights, not exceeding six watts, which shall be placed on the rear at the extreme off-side and near-side, and at the highest practicable point of the vehicle so as to indicate to approaching drivers from the rear the width and height of the vehicle.
102. Loads
(1) No motor vehicle shall have protruding or tailing loads and all loads shall be contained within the permissible overall dimensions of the vehicle in accordance with regulation 100 of these regulations.
(2) No motor vehicle shall have its load spilling such that it causes danger to other road users or litters the highway and all such load shall be adequately covered.
103. Speed
The minimum speed of any motor vehicle shall be 45 kilometres an hour and the maximum speed 100 kilometres an hour, except where otherwise indicated by a sign as prescribed in Schedule 6 to these Regulations.
[Schedule 6.]
104. Stoppage on the expressway
No motor vehicle shall stop on any expressway except in the case of an emergency or when signalled to stop by a road marshal, police officer or road traffic officer in uniform and no repairs or servicing of vehicles shall be carried out on the main carriageway of any expressway.
105. U-turns, etc.
No motor vehicle may enter or leave an expressway, cross the central reserve or perform a U-turn except at locations designated for that purpose.
106. Parking
No motor vehicle shall be parked on the central reserve of any expressway except in the case of an emergency, a vehicle may be parked on the hard shoulders.
PART XI
Miscellaneous motor traffic regulations
107. Marks on vehicles to be renewed as often as necessary
Where under these Regulations it is required that a motor vehicle or trailer shall have painted or marked thereon any words, letters, figures or symbols to be re-painted or otherwise marked, from time to time, the owner of the motor vehicle or trailer shall as often as may be necessary keep the said words, letters, figures or symbols legibly and clearly distinguishable at all times.
108. Power to inspect vehicle
(1) A road marshal, police officer or road traffic officer in uniform may inspect any motor vehicle or trailer with a view to ascertaining whether the provisions of the Act, these Regulations, or of any permit or notice issued hereunder are being complied with.
(2) Where a road marshal, police or road traffic officer in uniform is satisfied that there is proof of non-compliance with any of the provisions of this regulation, the road marshal, police officer or road traffic officer may by order in writing prohibit the further use of the motor vehicle or trailer until the provisions have been complied with to his satisfaction; and any person using or permitting to be used a motor vehicle or trailer in contravention of any order issued pursuant to this regulation is guilty of an offence and liable on conviction to a fine of N2,000.
(3) Without prejudice to the provisions of Part VII, a road marshal, police officer or a road traffic officer in uniform may stop any motor vehicle with a view to ascertaining whether the motor vehicle or any trailer drawn thereby is being used in contravention of the Act or these Regulations and the road marshal, police officer or road traffic officer may take the motor vehicle or trailer or cause them to be taken to any police station or place of safety to be detained until the motor vehicle or trailer and driver can be identified.
(4) Any road marshal, a police officer or a road traffic officer may require a commercial vehicle to be brought for weighing or re-weighing to such place as the road marshal, the police officer or the road traffic officer may direct.
(5) The owner or driver of any motor vehicle shall, on demand being made by a road marshal, road traffic officer or police officer not below the rank of inspector, produce the vehicle or any trailer drawn thereby at such time and place as the road marshal, a road traffic officer or a police officer may appoint and submit it for such inspection and test as may be required with a view to ascertaining whether the provisions of the Act or these Regulations or of any permit or licence issued thereunder are being complied with.
109. Report of road accident
(1) A road traffic accident shall be reported to the nearest police station, the State Director of Motor Vehicle Administration office or the road safety office nearest to the scene of the accident.
(2) A road traffic accident shall be reported as follows -
(a) a minor accident where minor damage is caused to the highway and the vehicle and there is no injury to any person or persons;
(b) a serious accident of which there is extensive damage to the highway and injury to persons on the highway; and
(c) a fatal accident regardless of damage to property where the death of a person occurs.
(3) It shall be the duty of the road marshal, road traffic officer or a police officer to take all necessary measurements at the scene of an accident, record, analyse and investigate and make a written report as specified in RS Form ML. 23 set out in Schedule 3 to these Regulations provided that where the information required to be written down is detailed, the officer carrying out the investigation may attach written details to the RS Form ML. 23 which shall be duly signed by him.
(4) Where death occurs, a duly certified medical officer shall examine the body so as to determine the actual cause of death.
(5) Any such officer to whom an accident has been reported before commencing his investigation on arrival at the scene of the accident shall determine the seriousness of the accident and where necessary -
(a) if there is an injured person, ensure that the person receives immediate medical attention;
(b) remove the dead, if any, from the highway and try as much as possible to clear any obstruction from the highway, so however that while clearing the obstruction material evidence shall not be tampered with; and
(c) place warning signs at a distance of 200 metres before and after the accident scene and ensure traffic is controlled adequately.
110. Disposal of fees
Fees paid under Parts I to XII of these Regulations shall form part of the Consolidated Revenue Fund of the State in which they are paid:
Provided that where a vehicle is removed by a road marshal the revenue shall form part of the Consolidated Fund of the Federation.
111. Provisions relating to exempted bodies
(1) Subject as herein prescribed, no fees shall be charged -
(a) for the registration, examination and weighing in respect of a motor vehicle or trailer owned by an exempted body;
(b) for a driver’s licence or learner’s permit issued to a student at a driving school recognised for that purpose by the Director, Motor Vehicle Administration or to a servant so employed to drive a motor vehicle belonging solely to an exempted body, so however that a licence or permit issued -
(i) in pursuance of this paragraph shall not authorise the person named therein to drive any vehicle other than one belonging to the exempted body and shall be so endorsed by the licensing authority issuing it; and
(ii) shall be surrendered to the licensing authority by the exempted body when the person named therein is no longer employed to drive the vehicle; or
(c) for change of ownership of a vehicle when the new owner is an exempted body and an application for a licence or permit under this regulation shall be accompanied by a certificate signed by a person designated in that behalf by the Director, Motor Vehicle Administration.
(2) In this regulation, the expression “exempted body” includes -
(a) the Federal Government of Nigeria;
(b) the Government of any State of the Federation;
(c) any local government; and
(d) any person provided with diplomatic privileges and immunities under the Diplomatic Immunities and Privileges Act and such other persons as may be exempted under the provisions of any other written law.
PART XII
Provisions relating to pedestrians and to traffic other than motor traffic
112. Provisions relating to vehicles other than motor vehicles
The driver, rider or person having control of any vehicle on any highway shall -
(a) make use of the hand signals prescribed for drivers of motor vehicles specified in Schedule 4 to these Regulations;
(b) between sunset and sunrise, show a white light to the front sufficient to warn persons on the highway and a red reflex glass to the rear;
(c) except when overtaking traffic proceeding in the same direction, pass such traffic only on the left or far side thereof;
(d) whenever necessary, give audible and sufficient warning of approach by sounding the bell, horn or other appliance with which such vehicle is required by these Regulations to be fitted; and
(e) comply with the signs illustrated in Schedule 5 to these Regulations and all traffic signs placed on or near any highway by order of the authority responsible for the maintenance of the highway for the guidance of drivers of vehicles.
113. Bicycles, pedestrians, animals, etc.
No person shall on any highway -
(a) ride a bicycle not fitted with two efficient brakes and an efficient bell, horn or other appliance for giving audible warning of approach; or
(b) ride a bicycle of which at least 0.228 metres of the lowest part of the rear mudguard is not painted white on the outside; or
(c) ride a bicycle beside another except for the purpose of overtaking; or
(d) fasten an animal to a vehicle so as to obstruct, endanger or annoy any person lawfully using such highway; or
(e) leave any vehicle standing without having a proper person to hold the animal which may be attached to the same; or
(f) propel a go-cart, barrow, truck, hand-cart, or similar vehicle otherwise than by holding the pole or shaft; or
(g) ride or drive furiously any vehicle or drive at a speed of more than 12.875 kilometres an hour any vehicle carrying a load which projects 0.914 metres or more beyond either end of such vehicles; or
(h) wilfully or by negligence prevent, hinder or interrupt the free passage of any person or vehicle or animal; or
(i) draw up any vehicle so as to obstruct free passage along a street; or
(j) drive, ride, propel or park any vehicle or drive, ride or leave any animal or display trade wares on any footway or pavement provided for the use of pedestrians; or
(k) whilst riding a bicycle hold on to any motor vehicle or other vehicle while it is moving; or
(l) ride a bicycle in a negligent or dangerous manner; or
(m) cross such highway within 91.44 metres of any type of pedestrian crossing except on such crossing; or
(n) loiter on any type of pedestrian crossing.
(2) In this Part, “vehicle” includes carriage, wagons, carts, bicycles, handcarts, sledges and trucks, barrows and all other similar machines for the carriage of goods or persons.
PART XIII
International convention provisions
114. Competent authority
(1) The principal licensing officer or an officer appointed by him to act on his behalf shall be the competent authority referred to in Articles 3 and 6 of the International Convention relative to Motor Traffic concluded at Paris on 24 April, 1926, hereinafter referred to as the Convention on the Taxation of Foreign Motor Vehicles concluded at Geneva on 30 March 1931 and set out in Schedule 8 to these Regulations.
(2) The principal licensing officer shall, with regard to this regulation, be the Director of the Commission or any officer authorised by him in that capacity.
115. Examination of vehicles for international certificate
A road traffic officer is hereby empowered to carry out in accordance with this Part of these Regulations the following duties, that is -
(a) examine any motor vehicle registered in any part of Nigeria under the provisions of these Regulations which is submitted for examination and if satisfied after such examination that the motor vehicle is suitable for use on a highway in a foreign country and that it fulfils the conditions specified in Article 3 of the Convention, issue a certificate to that effect addressed to the principal licensing officer and such certificate shall be as specified in Form International 1 specified in Schedule 8 to these Regulations; and
(b) examine any person submitting himself for examination and if upon examination he is found to be competent to drive a motor vehicle issue a certificate to that effect addressed to the principal licensing officer as in Form International 2 in the said Schedule.
116. Application for international certificate
(1) Any person may apply to the principal licensing officer for an international certificate for a vehicle authorising the use of such vehicle in foreign states or territories which are signatories or have acceded to the International Convention relative to Motor Traffic:
Provided that no international certificate shall be issued unless the application is accompanied by the certificate referred to in paragraph 1 (a) of regulation 114 of these
Regulations.
(2) An application shall be as set out in Form International 3 in Schedule 8 to these Regulations and shall be accompanied by the certificate referred to in regulation 114 of these Regulations.
117. International certificate
(1) On due application being made and on payment of a fee to be prescribed the principal licensing officer may issue an international certificate for the motor vehicle specified in the application.
(2) A certificate issued pursuant to paragraph (1) of this regulation shall not authorize the use of any vehicle other than that for which it is issued.
(3) A certificate shall, subject to the provisions of the Convention, be valid for one year from the date of issue thereof and in form shall follow the model set forth in the Convention.
(4) No international certificate shall be issued by the principal licensing officer in respect of any motor vehicle unless the vehicle is validly licensed in accordance with the provisions of these Regulations.
118. Application for fiscal permit
(1) Any person may apply to the principal licensing officer for a fiscal permit in respect of any motor vehicle for which an international certificate has been issued.
(2) An application shall be as set out in Form International 4 specified in Schedule 8 to these Regulations.
(3) On due application being made and on payment of the prescribed fees the principal licensing officer may issue a fiscal permit within the meaning of the Convention.
(4) No fiscal permit shall be issued by the principal licensing officer in respect of any motor vehicle unless the vehicle is validly licensed in accordance with the provisions of these Regulations.
119. International circulation permit
Any person making a temporary stay in Nigeria who brings a motor vehicle into Nigeria, may if in possession of -
(a) an international certificate for motor vehicles issued in respect of such motor vehicle in accordance with Articles 3 and 4 of the Convention;
(b) a fiscal permit issued in respect of such motor vehicle in accordance with Article 3 of the Convention and not otherwise obtained an international circulation permit, so however that he may apply to the principal licensing officer or any officer appointed by him to act on his behalf for that purpose as specified in Form International 5 set out in Schedule 8 to these Regulations and forward to the principal licensing officer or any officer appointed by him to act on his behalf with such application his international certificate and fiscal permit.
120. Exemption from local taxation
(1) Any person who obtains an international circulation permit under these
Regulations shall be exempted during the period for which the permit is required to hold a licence in Nigeria for the motor vehicle in respect of which the permit has been obtained.
(2) A person to whom an international circulation permit has been issued in respect of a motor vehicle shall, before using such motor vehicle on public roads in Nigeria, at any time after such permit has ceased to be valid, apply for and obtain a licence for such motor vehicle in accordance with the provisions of these Regulations.
121. Issue of international permit
Upon the receipt by the principal licensing officer of an application duly made in accordance with the provision of regulation 73 of these Regulations for an
international circulation permit the principal licensing officer shall, if satisfied that the applicant is making only a temporary stay in Nigeria and that the vehicle in respect of which the application is made has been brought by the applicant into Nigeria -
(a) issue to the applicant an international circulation permit as in Form International 6;
(b) enter thereon before issue thereof -
(i) the identification mark of the vehicle;
(ii) the date for which the permit is valid; and
(iii) a stamp indicating the date of issue.
122. Period which permit is valid
An international circulation permit issued in accordance with these Regulations shall be valid for one year and this period shall be reckoned from the day of issue of the fiscal permit.
123. Production of documents
When any person desires to take from Nigeria to a country outside the Federation a vehicle in respect of which an international circulation permit has been issued under these Regulations, he shall produce the fiscal permit to the principal licensing officer or any other officer appointed by him to act in that behalf who shall thereupon stamp the same with an exit visa, and any fiscal permit not so stamped shall have no further validity.
124. Information given on transfer
(1) If a motor vehicle in respect of which an international circulation permit has been issued is -
(a) broken up or destroyed; or
(b) is sold or is otherwise transferred to some person other than the person to whom such permit was issued during the period for which such permit was issued is valid, the person to whom such permit was issued shall forthwith inform the principal licensing officer of such breaking up, destruction, sale or other transfer and in the case of a sale or other transfer, of the name and address of the person to whom the vehicle has been so sold or transferred, and shall at the same time surrender to the principal licensing officer the said permit.
125. Surrender of permit on expiration
On the expiration of an international circulation permit the person to whom the permit was issued shall forthwith surrender the same to the principal licensing officer.
126. Duplicate
If an international circulation permit issued under these Regulations has been lost, destroyed or accidentally defaced, the owner of the vehicle shall apply to the principal licensing officer and upon being satisfied as to such loss, destruction or defacement and upon the surrender of such permit in cases where it has been so defaced he shall cause to be issued a duplicate so marked, and a duplicate so issued shall have the
same effect as the original permit.
127. Visibility of permit
The international circulation permit shall be required to be carried on the vehicle in like manner as if it were a vehicle licence issued under these Regulations.
128. Record of vehicles
The principal licensing officer shall establish and maintain records of all vehicles in respect of which he has issued -
(a) an international certificate;
(b) a fiscal permit;
(c) an international circulation permit;
(d) an international cover letter for transporting goods; and
(e) a transport card in respect of transport vehicles in two languages.
129. International sign of vehicles
(1) The owner or driver of any motor vehicle for which an international certificate or fiscal permit was issued in Nigeria by any competent authority in force shall carry an international sign in a visible position in the rear of the vehicle and such sign shall contain the international distinguishing mark for Nigeria consisting of the letters “NGR” which shall be written on a plate or on the vehicle itself.
(2) In dimension and colour the international sign shall be an oval plate thirty centimeters wide by eighteen centimeters high bearing the letters “NGR” painted in black on a white background and the letters shall be formed of capital letters in characters of a height of at least ten centimeters and their strokes a width of at least fifteen millimetres as shown in figure 12 set out in Schedule 8 to these Regulations:
[Figure 12. Schedule 8.]
Provided that in the case of a motorcycle the sign shall be eighteen centimeters wide and twelve centimeters high and the letters “NGR” shall measure at least eight centimeters high and their strokes a width of at least ten millimetres.
(3) If a motor vehicle for which an international certificate or fiscal permit is in force is being driven with a trailer attached, the international sign shall be repeated in a visible position on the back of the trailer or if more than one trailer is attached on the back of the rear trailer.
(4) The owner or driver of a motor vehicle for which an international certificate or fiscal permit was issued elsewhere than in Nigeria is in force shall carry the national identification marks allotted to the vehicle in the country of issue and in addition shall carry the international sign containing the international distinguishing marks for the country of issue and the position, dimensions or colour of the international sign on the vehicle and on any trailer attached shall be as herein before specified in this regulation.
(5) Immediately an international certificate or fiscal permit for a motor vehicle ceases to be valid, the international sign on the motor vehicle to which the certificate relates shall be removed or painted over.
130. Lighting provision applicable to international signs
All requirements of these Regulations in connection with the illumination and
visibility of the identification marks of motor vehicles and trailers shall apply in all respects to the illumination and visibility of the international signs issued elsewhere than in Nigeria during such time as the motor vehicle is in use in Nigeria.
131. Application for international driving permit
(1) Any person may apply to the principal licensing officer for an international driving permit authorising him to drive a motor vehicle in a foreign state or territory which is a signatory or has acceded to the Convention referred to in Schedule 8 to these Regulations.
(2) An application made under this regulation shall be accompanied by a duly filed Form International 2 and two copies of a recent photograph of the applicant.
132. Issued only to residents in Nigeria
An international driving permit for use outside Nigeria shall only be issued to a person who is ordinarily resident in Nigeria and who holds a valid driving licence issued in Nigeria which shall be required to be produced to the principal licensing officer when an application is being made for the permit.
133. Fee and duration
(1) On due application being made and on payment of a fee to be prescribed, the principal licensing officer may issue an international driving permit for the category or categories of motor vehicles described in the application.
(2) A permit issued pursuant to paragraph (1) of this regulation shall, subject to the provisions of the Convention or unless it is cancelled by the court, be valid for one year from the date of issue thereof.
134. Permit not transferable
An international driving permit shall not be transferable.
135. Exemption in Nigeria to holder of permit issued elsewhere
(1) The holder of an international driving permit issued elsewhere other than in Nigeria under the Convention shall, subject to the conditions of the Convention, be exempted from any requirement to hold a valid driving licence under these Regulations during such time as the international driving permit remains in force:
Provided that the holder of such permit shall only be entitled to drive in Nigeria a motor vehicle of the category or categories in respect of which his international driving permit was issued.
(2) The holder of an international driving permit issued elsewhere other than in Nigeria shall produce such permit on arrival in Nigeria to the nearest licensing authority and on demand permit the road marshal, a police officer, road traffic officer or person authorised by the principal licensing officer to examine the permit.
136. Register of permit
The principal licensing officer shall keep a register of all international driving permits issued by him and of all international driving permits being used in Nigeria which have been issued in a foreign state or territory.
137. Power of court in relations to permits
(1) If a court makes an order under the provisions of these Regulations disqualifying a person who is convicted before it from holding a valid driving licence issued under these Regulations, the court may, if the person holds a valid international driving permit issued in Nigeria by the principal licensing officer, order the permit to be cancelled and delivered up to the principal licensing officer.
(2) If a person holding a valid international driving permit issued in a foreign state or territory is convicted before a court for an offence in connection with the driving of a motor vehicle, the court may, in addition to any other penalty to which the person may be liable, make an order depriving the person of his right to drive in any part of Nigeria and shall cause to be endorsed on his permit the particulars of the order.
PART XIV
General
138. Exemption of vehicles and plant used in construction and fire engines, etc.
(1) The provisions of these Regulations in so far as they relate to the licensing of a motor vehicle or trailer shall not apply to motor vehicles exclusively designed for use, or to plants used for the maintenance of roads or bridges, or to fire engines or trailer pumps.
(2) The provisions of regulations 56 (f), 57, 62, 83 (c), (e), (g), (i), (j) and (n), 84 and 89 of these Regulations shall not apply to a motor vehicle referred to in paragraph (1) of this regulation during the time it may be engaged in the construction or maintenance of roads or bridges.
139. Exemption in respect of registered military vehicles
(1) The provisions of these Regulations shall not apply to a registered military vehicle.
(2) Save as aforesaid, the provisions of these Regulations shall apply to registered military vehicles as they do with respect to other motor vehicles or trailers owned by the Federal Government.
(3) In these Regulations “registered military vehicle” means any motor vehicle or trailer owned by the Federal Government and registered as a military vehicle under the provisions of the Road Traffic Registration of Military Vehicle Regulations, 1958.
140. Revision of Highway Code
(1) The Director of the Commission may cause the Highway Code and every revised edition thereof to be printed and copies thereof to be sold to the public at such price as he may determine from time to time.
(2) The Director of the Commission may, from time to time, revise the Highway Code by revoking, varying, amending or adding to the provisions thereof in such manner as he may be advised by the Director, Motor Vehicle Administration or any other relevant authority.
(3) It shall be the duty of the Director of Federal Highways, and the Director, Motor Vehicle Administration, the Commission or any officer duly authorised so to do to post or display road signs and effect markings on the highway and pavements.
(4) In the case of a State, it shall be the duty of the Director, Civil Engineering and State Director, Motor Vehicle Administration or any officers authorised so to do to post or display road signs and effect markings on roads and pavements.
(5) Failure on the part of any person to observe any provision of the Highway Code shall not of itself render that person liable to criminal proceedings, of any kind, but any such failure may, in any proceedings (whether civil or criminal and including proceedings for an offence under the Act or these Regulations), be relied upon by the party to the proceedings as tending to establish or to remove any liability which is in question in those proceedings.
(6) In this regulation “the Highway Code” means a code comprising directions for the guidance of persons using roads issued and revised hereunder.
141. Offences in relation to licence, etc.
Any person who fails to comply with or acts in contravention of any condition
attached to any licence or permit issued under these Regulations is guilty of an offence.
142. Offences against these Regulations
(1) Any person who commits -
(a) a breach of or fails to comply with any of the provisions of these Regulations; or
(b) an offence against these Regulations is, where no special penalty is provided in the Act or in these Regulations, guilty of an offence and liable on conviction in respect of each offence to a fine of N500, or to imprisonment for a term not exceeding six months, or to both such fine and imprisonment.
(2) Any person who commits a breach of or fails to comply with the provisions of Part VII of these Regulations is guilty of an offence and liable on conviction in respect of each offence to a fine of N500 or to imprisonment for a term not exceeding one month or to both such fine and imprisonment.
143. Power to issue notice of offence
(1) Any person employed as a member of the Corps shall have power to issue a notice of offence to an offender who he reasonably believes has committed any offence specified in these Regulations, and where the offender opts to waive his right to a court trial, pay the prescribed penalty to an appointed bank and present the original teller to the Commission.
(2) The notice of offence shall be as set out in the Schedule 9 to these Regulations.
[Schedule 9.]
144. Delegation of powers to make other regulations
(1) Subject to the provisions of section 5 of the Act, the Director of the Commission may make such other regulations as in his opinion, are necessary and expedient for the purposes of reducing the rate of accidents and are in conformity with the public safety on the highways.
(2) The Director, Federal Highways, the Controller of Works and Housing, the State Director of Civil Engineer, the Director of the Commission, a Commissioner of Police and a State Director of Motor Vehicles may jointly prescribe additional precautionary measures to reduce the rate of accidents by -
(a) prescribing additional constructional and mechanical requirements for commercial vehicles;
(b) prohibiting or restricting the driving of motor vehicles of any class or description on any specified highway or part of a highway and empowering any specified officer or other authority to impose such prohibitions or restrictions;
(c) with respect to the speed at which motor vehicles of any class or description may be driven either generally or on any specified highway or within any defined area or place;
(d) prescribing precautions to be taken in the interests of the safety and convenience of the public travelling in motor vehicles or otherwise using highways, and providing for the periodical inspection of motor vehicles;
(e) prescribing anything which shall ensure the effective enforcement of these Regulations and all other matters pertaining to or likely to enhance safety on the highways.
145. Amendments, etc.
(1) The Director of the Commission may amend the provisions of these Regulationsby notice in the Gazette.
(2) Where a provision of these Regulations is inconsistent with that of any other road traffic regulations existing in any State of the Federation, the provisions of these Regulations shall, to the extent of its inconsistency, prevail and the provisions of the other regulations shall to the extent, be void.
146. Interpretation
In these Regulations, unless the context otherwise requires -
“agricultural and track-laying machines” mean industrial or track propelled vehicles which are used only for the purpose of hauling the produce timber or mineral of agricultural land, timber forest or mine and are registered as such under regulation 3 of these Regulations;
“articulated vehicle” means a motor vehicle with a trailer drawn which is so
constructed and by partial super position attached to the motor vehicle that a substantial part of the weight of the trailer is borne by the motor vehicle;
“Central Motor Registry” means the Motor Registry to be established by the States of the Federation, Federal Capital Territory, Abuja and the Commission for the purpose of these Regulations;
“commercial vehicle” includes a motorcycle for hire, a hackney carriage, stage carriage, a prime mover, recovery vehicle, draw-bar-trailer or articulated vehicle and any motor vehicle primarily designed for the carriage of goods and fare-paying passengers;
“Commission” means the Federal Road Safety Commission;
“Act” means the Federal Road Safety Commission Act 1988, as amended;
“Director, Motor Vehicle Administration” means an officer appointed for the purpose of carrying out the provision of these Regulations;
“Director of the Commission” means the Chief Executive of the Commission;
“expressway” means any part of the highway not being a single carriage way declared by order to be an expressway by the Federal Ministry of Works and Housing;
“far-side” means left side opposite the near-side or off-side;
“highway” includes any roadway to which the public has access;
“licensing authority” means a motor licensing authority or licensing officer appointed under these Regulations;
“mechanical workshop” includes any workshop which engages in the repairs and maintenance of motor vehicles or motorcycles, auto-electrical, panel-beating/spray, wheel alignment and balancing workshops;
“motor vehicle mechanic” includes a person who engages in the repairs and
maintenance of motor vehicles, auto-electrician, panel-beater, etc.;
“motor vehicle dealer” means a person who engages in the sale and distribution of vehicles;
“motorcycle” means a motor vehicle designed to travel on not more than two wheels, where any part of the motive power is provided by an internal combustion engine and includes a combination of motorcycle and a sidecar;
“near-side” or right-side means the side nearest to the shoulder of the road;
“overall length” means the overall length of a vehicle exclusive of the starting handle, if any;
“overall width” means the width measured between parallelled planes passing through the extreme projecting points of a vehicle exclusive of any driving mirror;
“omnibus” means a vehicle approved and so designated by the Director, Motor Vehicle Administration in any of the States of the Federation and the Federal Capital Territory as capable of carrying a load of not less than 762 kilograms and constructed and designed for the sole purpose of carrying passengers and their hand luggage and registered as such under regulation 3 of these Regulations;
“overhang” means the distance measured horizontally and parallel to the longitudinal axis of the vehicle between two vertical places at right angles to such axis, the one passing through that point of the vehicle projects furthermost to the rear and the other passing -
(a) in the case of a motor vehicle having two axles, one of which is not a steering wheel, through the centre of the axle;
(b) in the case of a motor vehicle having three axles -
(i) where the front axle is the only steering axle, through a point 102 millimetres in the rear of the centre of the axle; a straight line joining the centre points of the rear and middle axles;
(ii) where the rear axle is the only steering axle, through the centre point of the middle axles;
(c) in the case of a motor vehicle (whether having two or three axles) where all the axles are steering axles, and in the case of a motor vehicle having four or more axles, through a point situated on the longitudinal axis of the vehicle and such that a line drawn from it at right angle to that axis will pass through the centre of the minimum turning circle of the vehicle;
“pedestrian crossing” means a section of the highway clearly defined by conspicuous marking and declared to be a pedestrian crossing by the Commission, Director, Federal Highways or State Director of Engineering or any local government authority Supervisory Counsellor of Works;
“principal licensing officer” means an officer appointed as such in the State, the Federal Capital Territory, Abuja and the Commission for the purposes of these Regulations;
“road traffic officer” means an officer appointed as such to assist the Director, Motor
Vehicle Administration in the discharge of his functions;
“route commander” includes for the purpose of these Regulations an officer appointed as such to assist the Director of the Commission in the discharge of his functions and also includes all officers of the Corps and road marshals;
“registration book” means the registration book issued under regulation 7 of these Regulations;
“State Directorate of Motor Vehicle Administration” means the body in charge of all matters pertaining to motor vehicles’ registration, licensing of vehicles and matters pertaining to road traffic generally;
“spare parts dealer” means any person who engages in the sale and distribution of motor vehicle spare parts;
“taxi” means any motor vehicle designed or constructed to carry not more than seven persons, used or intended to be used for carrying passengers for hire or reward under a contract expressed or implied for the use of the vehicle as a whole at or for a fixed or agreed rate or sum;
“tractor” means a vehicle which is constructed and used on a highway solely for haulage and not for the purpose of carrying or having super-imposed upon it any load except such as may be necessary for its propulsion or equipment;
“trade licence” means a licence issued to a dealer who engages in sales or distribution of vehicles spare parts and also includes licenses issued to mechanical workshops and motor vehicle mechanics;
“trailer” means a vehicle drawn by any motor vehicle but does not include a sidecar attached to a motorcycle or plant and machinery used for the construction or maintenance of roads and bridges;
“vehicle” in Parts I and II of these Regulations includes all categories detailed in regulation 3 of these Regulations;
“width” in relation to a tyre means the maximum thickness of the tyre from one side of the tyre to the other measured parallel to the axle as specified on the tyre by the manufacturer.
147. Citation
These Regulations may be cited as the National Road Traffic Regulations 1997.
NATIONAL ROAD TRAFFIC REGULATIONS S.I 20 2004