Gov. Babatunde Fashola of Lagos State on Thursday in Ikeja signed the Lagos State Road Traffic Bill into law.
The Law as presented by the Attorney General and Commissioner for Justice, Ade Ipaye includes:
Section 1 empowers Lagos State Traffic Management Authority to:
Apply breath testing, blood and urine specimen testing devices on any driver to detect drunk driving or driving under the influence of drugs.
2. Demand psychiatric evaluation of any person who drives against normal flow of traffic or fails to comply with any provisions of this law (at his own cost), if in the opinion of any officer of the authority such is necessary for the purpose of determining the person's ability to operate a motor vehicle.
S. 3 No person shall operate a motorcycle or tricycle
-without a rider's card issue by MVAA
-without wearing a standard protective crash helmet
-Carrying more than one passenger at a time (provided a pregnant woman, a child below the age of 12 years or an adult with a baby or heavy/large load placed on his head shall not be carried as passenger)
-Imprisonment for three years or community service and forfeiture of vehicle. Passenger shall also be liable if not a child.
3-No person shall ride, drive or proper a cart, wheel barrow, motorcycle or tricycle on any of the routes specified in schedule 11 to this law.
-Including Lagos-Ibadan Expressway, Apapa-Oshodi Expressway, Ikorodu road, Agege motor road, Funsho Williams Avenue, Eko bridge, Third mainland Bridge, Carter Bridge, Lagos-Badagry Expressway, Victoria Island-Lekki-Epe Expressway and all the Bridges not earlier mentioned where permitted, motorcycle can only operate between the hours 6: 00 am and 8:00 pm.
Motorcycle below 200 cc engine capacity shall not be used or operated on bridges and carriage roads with two or more lanes in opposite directions.
Motorcycle for mail distribution or other courier service may be exempted by the ministry from route restriction provided it has.
-minimum engine capacity of 200cc
-carry prescribed number plates and identification
-befitted with proper mail cabin
-does not carry a passenger
S. 7-penalities for neglect of traffic sign, traffic light and traffic directions or driving against oncoming traffic.
-forfeiture and imprisonment for 1 (one) year for first offender and 3 years and forfeiture for subsequent data or biometric captured.
S. 24-Offences relating to Bus Rapid Transit, Siren etc
-driving on BRT lane
-parking within 15 metres of a road intersection
-using sirens and other noisy devices in a vehicle (including motorcycle and tricycle)
-driver or conductor on duty failing to wear prescribed uniform or identification tag
-driving or being driven on authorised routes
-Herding or allowing cattle sheep, goat or other animals on the road.
S. 8-where vehicle is stationary or abandoned on a highway or near private premises, police or taskforce authorised to remove to a park. Owners of adjoining properties should report to the nearest police station. May be (25, 000) for failure to report.
No commercial vehicle shall stand or ply for hire on any route other than those for which it is authorised.
No person shall drive commercials vehicles without having obtained from the ministry of transportation, a driver's or rider's badge.
S. 25-Use of unregistered of unmarked vehicles
-any person who drives or being the owner, permits any other person to drive on the highway a motor vehicle which is not registered or licensed or does not have affixed thereto an identification marked in the prescribed manner shall be guilty of any offence.
S. 36 where no specific penalty is prescribed
-N20, 000 for first offender
-N30, 000 or imprisonment for three (3) years or both for subsequent
Forfeiture is discretion of the court, in addition to any penalty prescribed.
Court may also, in addition to or in lieu of the prescribed sentence.
-direct the suspension or renovation of the driver's license AND
-order the convict to render community service
-Enrol for and attend courses at the Lagos State Driver's Institute for less than seven (7) days and at his own cost.
-community service and driver institute may be combined
-all offender shall have their data and biometric captured
Making or receiving phone calls when driving (N20, 000 or N30, 000)
Same for eating, driving, counting money or engaging in other dangerous activities when driving
Not using a seat belt
Conditions for use of trailer
-Time within which trailer are prohibited from entering into travelling within the Lagos metropolis is now 6am to 9 pm (fuel tanker and long vehicle for carrying passenger exempted)
- Vehicle shall be impounded and N50, 000 fine or imprisonment for 6 months.
Prohibition of sale of liquor, trading, begging etc
-it is an offence to sell alcoholic drink, herbal or pharmaceutical drugs within 100 metres of a bus stop, terminus or motor park.
-Trade, hawk or vend or offer for sale any item of goods or service
-Or to beg or solicit for alms
-Or to engage in cleaning windscreen or any part of a vehicle on the highway or bridge.
It shall be an offence
-To displays wares on walkways
-for commercial buses to pick up or drop passenger on the fast lane or in any undesignated bus stop
Bus Route
LASTMA is empowered to designate a side each of the under listed routes as bus lanes for priority service during peak hours of 6:00 am to 10:00 am and 4:00 pm to 9: 00pm.
-Ikotun-Ejigbo-Cele Expressway
-Iyana Ipaja-Agege, Pen Cinema, Ojodu Berger;
- Iyana Ipaja-Idimu-Iyana Iba Roundabout
- Iyana Ipaja-Idimu-Ikotun
-Berger-Third Mainland Bridge-Tafawa Balewa square
-Iyana-Oworo-Anthony-Oshodi-Mile 2-Apapa
-Sango- Iyana Ipaja-Oshodi; and
-Orile Iganmu-Mile 2-Okokomaiko
Commercial vehicle operating license
-No person shall operate or cause to be operated a commercial vehicles without having obtained a commercial vehicle operator license from the ministry
-Ministry may not issue license unless vehicle inspected by VIS
-License shall be refused or suspended if vehicle is found to be unfit for operations as commercial vehicle.
-License issued shall bear a distinct number to be painted conspicuously on the front and rear parts of the vehicles or as may be prescribed
Except as prescribed by MVAA, Lagos Signage and Advert Agency or any other agency, the use of marks, stickers, painting, photos etc on commercial vehicles is prohibited.
Vehicle shall not be used as commercial unless-
-It is registered as such with MVAA
-It is branded in prescribed colours
-Drivers holds a current certificate issued by the Lagos State Driver Institute in addition to a valid class E-license.
-Vehicles is fitted with a waste basket, fire extinguisher and First Aid Box
Application of the law to public Officer
Provision of this law shall apply to public officers or other persons in the service of the state, and for the purpose of proceedings for an offence in connection with any official vehicle any person other than the driver, the person nominated by the dept in whose service the vehicle is used shall be deemed to be the person actually responsible unless it is otherwise proved to the satisfaction of the court.
Anti corruption
No officer shall demand, wilfully condone, connive, abet or receive gratification in cash or kind from any person to circumvent the provision of the law.
Any officer who contravenes this provision shall be liable to summary dismissal from service and prosecution under the ACJ law.
S. 11-vehicles Inspection Service
Inter alia to inspect, control, regulate and enforce road worthiness standards, pre-registration inspection, emergency services, issuance of road worthiness certificate, testing for licenses or riders card etc.
Cram if you can cram! "I no know no dey"
This Law would empower doz "Charge and Bail" lawyers.
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