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LAGOS STATE MOTOR VEHICLE AND MOTOR VEHICLE SPARE PARTS DEALERS LAW

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LIST OF LAWS OF LAGOS, [ALPHABETICAL]
A- C G – K M – I R – T
D – F L – L P – P U – Z

MOTOR VEHICLE AND MOTOR VEHICLE SPARE PARTS DEALERS LAW

ARRANGEMENT OF SECTIONS

1.       Registration of motor vehicle dealers

2.       Application for registration

3.       Issuance of certificate

4.       Production of certificate

5.       Restriction of operation of motor vehicle dealers

6.       Offences and penalties

7.       Registration of motor vehicle spare parts dealers

8.       Application for registration

9.       Issuance of certificate

10.     Production of certificate

11.     Offences and penalties

12.     Routine check on business premises

13.     Power to make Regulations

14.     Interpretation

15.     Repeal provision

16.     Citation and commencement

SCHEDULES

MOTOR VEHICLE AND MOTOR VEHICLE SPARE PARTS DEALERS LAW

A LAW T0 PRAVIDE f’0R RICISTRAI0]VAND REGULATION OF THE ACTIVITIES OF MOTOR VEHICLE AND MOTOR VEHICLE SPARE PARTS DEALERS WITHIN THE STATE AND FOR CONNECTED PURPOSES

[Commencement]

1.      Registration of motor vehicle dealers

As from the commencement of this Law any person who sells, leases or otherwise deals in motor vehicles shall within thirty (30) days register with the Ministry of Transportation (referred to in this Law as the “Ministry’).

2.      Application for registration

(1)     Every motor vehicle dealer in the State shall apply for registration with the Ministry.

(2)     The application for registration shall be duly signed by the motor vehicle dealer and must state the following particulars-

(a)     full particulars of the type of motor vehicle being sold;

(b)     security or guarantee for safety in respect of the motor vehicles being sold;

(c)     name and residential address of the motor vehicle dealer;

(d)     name of the company whether incorporated or unincorporated and address of the place of operation (i.e. copy of certificate of incorporation shall be attached); and

(e)     particulars of incorporation or other evidence as may be required by the Ministry or its authorised officer.

3.      Issuance of certificate

(1)     The Commissioner may upon—

(a)     the payment of a prescribed fee issue a certificate of registration in the prescribed form to any motor vehicle dealer whose application complies with the provisions of section 2 of this Law;

(b)     revoke, renew, suspend, cancel or transfer a certificate issued under this Law.

(2)     No certificate of registration may be issued, renewed or transferred under the provisions of this section unless the prescribed fee has been paid.

(3)     The certificate of registration shall be issued in the name of the motor vehicle dealer and shall be renewed yearly.

4.      Production of certificate

Every motor vehicle dealer with a certificate of registration issued under this Law shall—

(a)     display a copy of the certificate conspicuously in his place of business; and

(b)     produce the certificate on demand by any authorised officer of the Ministry.

5.      Restriction of operation of motor vehicle dealers

(1)     For the purposes of this Law, the operation of a motor vehicle business shall be restricted only to areas designated as commercial or industrial layout by the Town and Country Planning enactment in the State.

(2)     No building in and around any residential area shall be used for carrying on any business relating to motor vehicle as referred to in this Law.

6.      Offences and penalties

(1)     Any motor vehicle dealer who fails to comply with the provisions of section I of this Law, commits an offence and shall be liable on conviction to a fine of One Hundred and Fifty Thousand Naira (N150,000.00) and in addition the premises used for the business shall be sealed up.

(2)     Any motor vehicle dealer who contravenes the provisions of section 5(2) of this Law commits an offence and shall-

(a)     be liable on conviction to have the premises demolished or confiscated by the State Government; and

(b)     bear the cost of demolition by the State Government.

(3)     If an offence under this Law is committed by an incorporated or unincorporated body, every director, manager or secretary of the company shall be liable on conviction to a fine of Fifty Thousand Naira (N50,000.00) or to imprisonment for six (6) months.

7.      Registration of motor vehicle spare parts dealers

As from the commencement of this Law any person who deals in motor vehicle spare parts shall register within thirty (30) days with the Ministry in the prescribed manner.

8.      Application for registration

(1)     Every motor vehicle spare parts dealer in the State shall apply for registration with the Ministry for the issue of certificate of registration which shall be renewed yearly.

(2)     The application for registration shall be duly signed by the motor vehicle spare parts dealer and must state the following particulars-

(a)     name and residential address of the motor vehicle spare parts dealer;

(b)     name of the company whether incorporated or unincorporated and address of the place of operation;

(c)     particulars of incorporation or other evidence as may be required by the Ministry or its authorised officer; and

(d)     number of persons under apprenticeship with him.

9.      Issuance of certificate

(1)     The Commissioner may-

(a)     upon the payment of a prescribed fee issue a certificate of registration in the prescribed form to any motor vehicle spare parts dealer whose application complies with the provisions of section 8 of this Law;

(b)     revoke, renew, suspend, cancel or transfer a certificate issued under this Law.

(2)     No certificate of registration may be issued, renewed or transferred under the provisions of this section unless the prescribed fee has been paid.

10.    Production of certificate

Every motor vehicle spare parts dealer with a certificate of registration issued under this Law shall-

(a)     display a copy of the certificate in a conspicuous place of business;

(b)     produce the certificate on demand by any authorised officer of the Ministry.

11.    Offences and penalties

(1)     Any motor vehicle spare parts dealer who fails to comply with the provisions of section 7 of this Law commits an offence and shall be liable on conviction to-

(a)     a fine of Twenty Five Thousand Naira (N25,000.00); and

(b)     in addition the premises being used for the business shall be sealed up.

(2)     Where the offence under this Law is committed by an incorporated body, every director or manager or secretary of the said company shall be liable on conviction to a fine of Twenty Five Thousand Naira (N25,000.00) or to imprisonment for three (3) months.

12.    Routine check on business premises

(1)     Any authorised officer of the Ministry upon giving proper notice shall conduct routine checks on the business premises of the motor vehicle dealer.

(2)     The officer shall produce a proper identification to the owner of the premises.

13.    Power to make Regulations

The Commissioner may make Regulations to provide generally for carrying into effect the purposes of this Law.

14.    Interpretation

In this Law, unless the context otherwise requires-

“any authorised officer” means an officer from the Motor Vehicle Administration in the Ministry of Transportation on grade level 10 and above;

Commissioner” means the Commissioner for Transportation;

Ministry” means Ministry of Transportation;

“motor vehicle” means motor cars, vans, jeeps, tractors, lorries, bulldozers, tippers, trailers, buses, mopeds, and motorcycles;

“motor vehicle dealer” means any person, corporate or unincorporated body, who or stocks or leases or otherwise deals in motor vehicles (whether new or second hand of any type) whether as agent or distributor;

“motor vehicle spare parts dealer” means any person who sells, stocks or deals in any way with vehicle spare parts (whether new or second hand motor vehicle spare parts) whether as vendor , agent or distributor;

“State” means the Lagos State of Nigeria.

15.    Repeal provision

The Car Dealers Registration and Prohibition of Sale of Vehicles Spare Parts Law Cap. C3 2003 Laws of Lagos State is repealed.

16.    Citation and commencement

This Law may be cited as the Motor Vehicle and Motor Vehicle Spare Parts Dealers Law and shall come into force on the…………….. day of …………… 2004.

SCHEDULE 1

REGTSTRATION FEE FOR MOTOR VEHICLE DEALERS

Limited Liability Companies ……………………………………………N100,000.00

Individual or Business Name . ……………………………………… N 100,000.00

SCHEDULE 2

REGISTRATION FEE FOR MOTOR YEHICLE SPARE PARTS DEALERS

Individual or Business Name . ……………………………………….. N 50,000.00

Limited Companies . . . ………………………………………………… N50,000.00

SCHEDULE 3

CERTIFICATE OF REGISTRATION AS A MOTOR VEHICLE DEALER

LAGOS STATE OF NIGERIA

Application in writing has been duly made and submitted to the Ministry of Transportation as required under section 2 of the Motor Vehicle and Motor Vehicle Spare Parts Dealers Law.

I hereby certify that………………………………………………………………..

of ……………………………………………………………………………………..

has complied with the provisions of the Motor Vehicle and Motor Vehicle Spare Parts Dealers Law and is duly registered under the said Law.

Issued under my hand, this…………………….day of……………….. 200………

……………………………………………………..

Honourable Commissioner for Transportation

SCHEDULE 4

CERTIFICATE OF REGISTRATION AS A MOTOR VEHICLE SPARE PARTS DEALER

LAGOS STATE OF NIGERIA

The Motor Vehicle, Motor Vehicle Spare Parts Dealers Law

Application in writing has been duly made and submitted to the Ministry of Transportation as required under section 8 of the Motor Vehicle and Motor Vehicle Spare Parts Dealers Law.

I hereby certify that…………………………………………………………………

of ……………………………………………………………………………………….

has complied with the provisions of the Motor Vehicle and Motor Vehicle Spare Parts Dealers Law and is duly registered under the said Law.

Issued under my hand, this……………………..day of……………… 200………

……………………………………………………

Honourable Commissioner for Transportation

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LAWS OF LAGOS STATE

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