MOTOR VEHICLE ADMINISTRATION AGENCY LAW OF LAGOS STATE

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LIST OF LAWS OF LAGOS, [ALPHABETICAL]  

MOTOR VEHICLE ADMINISTRATION AGENCY LAW

ARRANGEMENT OF SECTIONS

1.       Establishment of the Agency

2.       Establishment and composition of the Governing Board

3.       Tenure of office and remuneration of members

4.       Functions of the Agency

5.       General Manager

6.       Appointment of a legal adviser

7.       Financial Controller

8.       Employment of officers

9.       Revenue of the Agency

10.     Bank account

11.     Accounts and audit

12.     Report on audited account

13.     Proceedings

14.     Quorum

15.     Validity of proceedings

16.     Disclosure of interest

17.     Fees

18.     Registration and licensing of motor vehicles

19.     Conditions and forms of application

20.     Use of unregistered and unmarked motor vehicles prohibited

21.     Copy of Agency’s records prima facie evidence

22.     Application to the State

23.     Regulations

24.     Repeal and savings

25.     Interpretation

26.     Citation and commencement

MOTOR VEHICLE ADMINISTRATION AGENCY LAW

A LAW TO PROVIDE FOR THE ESTABLISHMENT OF THE MOTOR VEHICLE ADMINISTRATION AGENCY AND FOR CONNECTED MATTERS

[Commencement]                                                 [15th March, 2007]

THE LAGOS STATE HOUSE OF ASSEMBLY enacts as follows—

1.       Establishment of the Agency

(1)     There is established under this Law an Agency to be known as the Motor Vehicle Administration Agency (referred to in this Law as ‘‘the Agency’’).

(2)     The Agency will—

(a)     be a body corporate with perpetual succession and a common seal;

(b)     have power to sue and be sued in its corporate name; and

(c)     be capable of holding, purchasing, acquiring and disposing of movable or immovable property for the purpose of carrying out its functions under this Law.

2.       Establishment and composition of the Governing Board

(1)     There is established for the Agency a Governing Board referred to in this Law as ‘‘the Board’’ which will be responsible for the administration of the Agency.

(2)     The Board shall comprise of the following—

(a)     a Chairman;

(b)     the Commissioner for Transportation;

(c)     a representative of the Ministry of Budget and Economic Planning;

(d)     a representative of the Lagos Metropolitan Area Transport Authority (LAMATA);

(e)     a representative of the Ministry of Finance;

(f)      a representative of the organised private sector;

(g)     the General Manager of the Agency; and

(h)     a representative of Lagos State Traffic Management Authority.

(3)     The Chairman and other members of the Board will be appointed by the Governor on the recommendation of the Commissioner.

3.       Tenure of office and remuneration of members

(1)     All members of the Board except the General Manager will be appointed to serve as part-time members.

(2)     The Chairman and other members of the Board will—

(a)     hold office for three (3) years and may be re-appointed for another term;

(b)     be paid such remuneration as the Governor may determine from time to time.

4.       Functions of the Agency

The Agency will be responsible for—

(a)     registration of motor vehicles;

(b)     issuance of certificate of title of a motor vehicle in the prescribed form to any applicant whose name appears on the vehicle registration form and who provides evidence of ownership in respect of the motor vehicle;

(c)     demanding and obtaining in prescribed form an assignment of title by the registered owner of a motor vehicle in the event of transfer of ownership of a motor vehicle;

(d)     issuance and renewal of—

(i)      motor vehicle, and

(ii)     local driving licence,

(iii)    learner’s permit,

(iv)    certificate of road worthiness, upon confirmation of due inspection by State Vehicle Inspection Office (VIO),

(v)     articulated vehicle licence,

(vi)    such other licences as may be deemed necessary by the Agency and duly approved by the Commissioner from time to time;

(e)     stipulating conditions for the issuance of licences under this Law after consultation with the relevant agencies of the Ministry;

(f)      revoking, suspending or withdrawing any licence granted pursuant to the provisions of this Law;

(g)     appointing, immediately upon commencement of this Law, such private sector corporate body or bodies as it may deem fit, to collect all revenues accruable from its functions, duties and activities which revenue shall be dealt with in a manner stipulated;

(h)     preparing and keeping statutory registers and database of all licences issued and revoked;

(i)      carrying on such other activities as may be conducive to the discharge of its functions under this Law or any other law;

(j)      ensuring the distribution of its revenue in accordance with the provision of subsection section 9 of this Law; and

(k)     applying appropriate policy for due process in the procurement of goods and services to be approved by the Board.

5.       General Manager

(1)     There will be an Officer of the Agency to be known as the General Manager who will be appointed by the Governor on the advice of the Board.

(2)     The General Manager will be—

(a)     the Chief Executive and Chief Accounting Officer of the Agency;

(b)     a member of the Board and will be responsible for implementation of the decisions of the Board;

(c)     responsible for general administration and implementation of the policies of the Agency;

(d)     be assisted in the discharge of duties by such officers as required from time to time.

6.       Appointment of a legal adviser

(1)     The Board will appoint a Secretary for the Agency, who must be a legal practitioner within the meaning of the Legal Practitioners Act.

(2)     The Secretary will—

(a)     attend all meetings of the Agency and the Board, rendering all necessary secretarial services in respect of meetings and advising the Agency on compliance with applicable laws and regulations;

(b)     maintain all registers and records of the Agency;

(c)     give all notifications as may be required by this Law or any other law; and

(d)     carry out such other duties as may be directed by the Board from time to time.

7.       Financial Controller

(1)     The Board will appoint a Financial Controller for the Agency who must be a member of a recognised professional accounting body.

(2)     The Financial Controller will—

(a)     maintain and keep proper records of all the accounts of the Agency;

(b)     ensure that accounting and audit provisions of this Law are complied with by the Agency; and

(c)     carry out such other duties as may be directed by the Board.

8.       Employment of officers

The Agency may from time to time engage or employ such other officers and servants as may be deemed necessary for the due and proper execution of the functions under the provisions of this Law.

9.       Revenue of the Agency

(1)     The Agency may, upon commencement of this Law, appoint suitable private sector corporate organisations for the collection of all revenues that may be due to the Agency.

(2)     The Agency may appoint and engage the private sector organisation upon such terms and conditions as may be contained in an agreement between the Agency and the organisations provided that the approval of the Governor is first sought and obtained in respect of the terms and conditions of the agreement.

(3)     All revenues of the Agency as may be collected on its behalf by the private sector corporate organisations must be paid into designated account(s).

(4)     All gross revenue payable into such designated account, net of agreed commission to private sector corporate organisations engaged for collection of the revenue, must be distributed on a weekly basis in the following manner—

(a)     40 per cent to the State Treasury;

(b)     50 per cent to Transport Fund;

(c)     5 per cent to the State Ministry of Transportation; and

(d)     5 per cent to the account of the Agency.

(5)     There must be constituted by the Agency, a Revenue Monitoring Committee comprising representatives of—

(a)     the Agency including the Secretary;

(b)     the State Treasury; and

(c)     the Ministry of Transportation.

(6)     The Revenue Monitoring Committee shall carry out the function of reconciling revenue distribution on a monthly basis.

10.     Bank account

(1)     The Agency must, in relation to proceeds payable to it from the designated account, operate an account with a bank or banks in the State and the signatories to the account must be the General Manager and such other persons as may be duly appointed by the Board in that behalf.

(2)     The Board will also appoint representative(s) of the Agency as signatories to the account referred to in subsection (3) of section 9.

11.     Accounts and audit

(1)     The Agency must keep proper account of all its transactions in such form as it may direct, being in a form that must conform to the best and standard commercial practice.

(2)     The form of accounts will be such as to secure the provision of separate information in respect of each of the main activities and any division of the Agency.

(3)     The accounts must be produced and audited by external auditors appointed by the Agency from a list of auditors approved by the Auditor-General of the State within six (6) months after the end of each financial year.

12.     Report on audited account

(1)     The Agency must, within six (6) months after the end of each financial year, furnish the Governor with—

(a)     a copy of the audited account of the Agency;

(b)     a copy of the annual general report and full report of the external auditor; and

(c)     a detailed report of the state of affairs of the Agency for that financial year.

(2)     The Agency must cause the audited account and the annual report of the Agency to be published in the State Government Official Gazette after complying with subsection (1) of this section and such shall be made available on reasonable demand.

13.     Proceedings

The Board will regulate its own proceedings but shall meet at least once every quarter.

14.     Quorum

The quorum at the meeting of the Board will be five (5), provided always that all members of the Board must be given at least seven (7) days’ notice in writing.

15.     Validity of proceedings

The validity of proceedings of the Board will not be affected by—

(a)     any vacancy in its membership;

(b)     any defect in the appointment of a member; or

(c)     reason of the fact that any person not entitled to take part in the proceedings did so.

16.     Disclosure of interest

Any member of the Board who has a personal interest in any contract or transaction entered into or proposed to be considered by the Board must immediately declare interest to the Board and will not vote on any deliberation relating to the contract or transaction.

17. Fees

The Agency will, in consultation with relevant transport agencies in the State recommend from time to time fees chargeable for—

(a)     issuance and renewal of licences under this Law;

(b)     registration of a motor vehicle or a hackney or stage carriage or for such other related matters undertaken by the Agency:

Provided always that the time frame for review of chargeable fees must not exceed three years.

18.     Registration and licensing of motor vehicles

(1)     The owner of a motor vehicle or trailer must, upon the payment of the prescribed fees, register and obtain a licence in respect of same.

(2)     The licence, issued pursuant to this section, will expire at the end of a period of 12 months.

(3)     The Agency must assign to each registered vehicle a separate number and each number together with the distinctive letter assigned to the Agency will be the identification mark and such mark must be displayed on the vehicle in such manner as may be prescribed.

19.     Conditions and forms of application

(1)     An application for the issue of a motor vehicle, hackney or stage carriage licence will be made to the Agency by the owner of the vehicle who may be normally resident in Lagos State or otherwise and such vehicle must be registered within the State.

(2)     The form and condition for the issue of hackney and stage carriage licences will, subject to the provisions of this Law, be specified by the Agency.

20.     Use of unregistered and unmarked motor vehicles prohibited

(1)     A person must not drive or, being the owner, permit any other person to drive a motor vehicle on a highway unless such vehicle is registered or licensed under this Law and have affixed thereto in the prescribed manner an identification mark.

(2)     A person will not be liable to a penalty for a breach of subsection (1) of this section if proven that reasonable steps have been taken to comply with this requirement.

21.     Copy of Agency’s records prima facie evidence

In any cause or matter relating to a motor vehicle or any licence, permit, certificate or other document issued under this Law, the production of a document purporting to be a copy of an entry in a register, database or a copy of a licence, permit, certificate, by or from the records of the Agency or any officer assigned by it for that purpose, shall be prima facie evidence of any matter, fact or thing stated or appearing on it.

22. Application to the State

The provisions of this Law will apply to vehicles and persons in the public service of the State as if the vehicles are for private use and for the purpose of proceedings for an offence in connection with any such vehicle against any person other than the driver of the vehicle, the person nominated in that behalf by the department in whose service the vehicle is used shall be deemed to be the person actually responsible unless it is shown to the satisfaction of the court that the driver only was responsible.

23.     Regulations

The Agency may, subject to the approval of the Commissioner, make regulations generally for carrying into effect the provisions of this Law and for—

(a)     conditions and forms in respect of licences or permits issued pursuant to this Law;

(b)     forms of certificate of motor vehicle;

(c)     fees to be paid for the issuance of any licence, permit or certificate issued under this Law; and

(d)     any other matter incidental to the effective performance of its functions under this Law.

24.     Repeal and savings

(1)     The Central Licensing Authority Law Cap. C8, 2003, the Control of Traffic (Temporary Provisions) Law Cap. C14, LSLN, 2003, the Control of Traffic (Special Provisions) Law Cap. C13, LSLN, 2003, Taxi-Cab (Prohibition of Operation Without Meter) Law, Cap TI, 2003, the entire provisions of Parts 2 and 3, sections 33, 39, 42, 47, 48 of the Road Traffic Law Cap. R10, LSLN are repealed.

(2)     All valid certificates of road-worthiness, learner’s permits, hackney, motor vehicle and stage carriage licences issued by any authorised body under the laws and regulations existing prior to the enactment of this Law are deemed to be issued under the provisions of this Law and regarded as valid during their currency, but may only be renewed under the provisions of this Law.

(3)     Nothing in this Law will affect any order, rule, regulation, appointment or things already done under the repealed laws except same is inconsistent with the provisions of this Law.

25.     Interpretation

In this Law, unless the context otherwise requires—

‘‘Agency’’ means the Motor Vehicle Administration Agency;

‘‘Articulated Vehicle’’ means a vehicle so constructed that it can be divided into parts both of which are vehicles and one of which is a motor vehicle will (when not so divided) be treated for the purpose of this Law as that motor vehicle with the other part attached as trailer;

‘‘Authority’’ means the Lagos State Metropolitan Area Transport Authority (LAMATA);

‘‘commercial vehicle’’ or ‘‘vehicle’’ means a hackney carriage, a stage carriage, a tractor, a breakdown lorry. A motorcycle and any motor vehicle primarily designed for the carriage of goods and passengers and include any other privately-owned vehicle;

‘‘Commissioner’’ means Commissioner for Transportation;

‘‘Government’’ means the Lagos State Government;

‘‘Governor’’ means the Governor of Lagos State;

‘‘hackney carriage’’ means any motor vehicle designed by official paintings or sticker approved by the Agency and constructed to carry not more than seven (7) persons, used or intended to be used for carrying passengers for hire or reward under a contract express or implied for the use of the vehicle as a whole at or for a fixed or agreed rate or sum;

‘‘member’’ in relation to the Agency includes the Chairman;

‘‘stage carriage’’ means any motor vehicle, with official paintings or sticker approved by the Agency, used or intended to be used for carrying passengers for hire or reward other than such a vehicle constructed or adapted to carry less than eight (8) persons, the passengers paying separate or distinct fares for their respective places, and will be deemed to include the expression ‘‘omnibus’’;

‘‘State’’ means Lagos State of Nigeria;

‘‘sticker’’ means a gummed label or poster having the name of the Agency on it;

‘‘Traffic Management Officer’’ includes Lagos State Traffic Management Authority officials, or any other officer acting under the authority of the Commissioner or as defined in the Lagos State Traffic Management Authority Law;

‘‘trailer’’ means a vehicle drawn by any motor vehicle but does not include a side car attached to a motor-cycle;

‘‘Transport Fund’’ means the Transport Trust Fund established pursuant to section 12 of the Lagos Metropolitan Area Transport Authority Law.

26.     Citation and commencement

This Law will be cited as the Motor Vehicle Administration Agency Law, 2007, and will come into force on 15th March 2007.

LAWS OF LAGOS STATE

LAWS OF THE FEDERAL REPUBLIC OF NIGERIA