Traffic Management Agency Law

1. TRAFFIC MANAGEMENT AGENCY LAW
NO. 15 OF 2011
EKITI STATE OF NIGERIA

2. EKITI STATE TRAFFIC MANAGEMENT AGENCY LAW, 2011
INDEX OF SECTIONS
1. Establishment of the Agency
2. Establishment and Composition of the Board on Traffic enforcement and
Management Agency.
3. Power of the Board
4. Appointment of Members of the Board
5. Remuneration of Members of the Board
6. Tenure of Office of Members of the Board
7. Proceeding of the Board
8. Power of the Commissioner
9. The Secretary/Legal Adviser of the Agency
10. Functions of the Agency
11. Power of the Agency under the Second Schedule
12. Traffic fines Ticket
13. Ranks of the Staff of the Agency
14. Declaration of Interest by Staff
15. Provision of Equipment and Materials
16. Jurisdiction and Operational Zones
17. Immunity of Staff
18. Staff to be regarded as Persons in the Public Service of Ekiti State

3. 19. Allocation of Service Numbers
20. Funds and Resources of the Agency
21. Accounts
22. Operations of Bank Accounts
23. Interpretations
24. Citation and Commencement.

4. A LAW TO PROVIDE FOR THE ESTABLISHMENT OF THE EKITI STATE TRAFFIC
ENFORCEMENT AND MANAGEMENT AGENCY: TO REGULATE, CONTROL AND
MANAGE TRAFFIC AND FOR OTHER CONNECTED MATTERS.
NO. 15 OF 2011
EKITI STATE OF NIGERIA
COMMENCEMENT ( )
ENACTED BY THE EKITI STATE HOUSE OF ASSEMBLY AS FOLLOWS:
Establishment 1. (1) There is established under this Law of the Ekiti
Of the Agency State Traffic Enforcement and Management Agency
(referred to in this Law as the Agency)
(2) The Agency shall be under overall supervision of the
Governor
(3) The Agency shall:

5. (a) Be a body corporate with perpetual succession
and common seal;
(b) Have power to sue and to be sued in its
corporate name; and
(c) Be capable of holding, purchasing, acquiring and
disposing of property movable, for the purpose
of exercising its functions specified in this Law.
Establishment 2 (1) There is established a Board for the Agency
and composition referred to in this law as the “Board”
Of the Board on
Traffic Enforcement (2) The Board shall consist of:
and Management (a) A full time Chairman, who shall be a
Agency holder of a recognized qualification in related
discipline with relevant experience in traffic
management shall be the head of the Agency.
(b) Two other full-time members.
(c) Two part time members
(d) Ex-Officio Members who shall represent the
following:

6. a. The Permanent Secretary of the Ministry of
Works and transport
b. One representative of the Nigeria Police Force,
Ekiti State Command.
c. One representative of the office of the Vehicle
Inspection Officer (VIO).
d. One representative of the State Ministry of
Environment
e. One representative of the Ministry of Justice
f. One representative of the Federal Road Safety
Corps (FRSC).
g. One representative of each of transport-
related Unions as follows
i. National Union Of Road Transport Workers
(NURTW),
ii. Road Transporters Employer Association of
Nigeria (RTEAN),
iii. Nigeria Association of Cooperative
Transporters (NACT).
Power of the 3. The Board shall be charged with responsibility of:
Agency (a) Reviewing progress of the programme of the Agency

7. (b) recommending change and additions to current programme
especially the Annual Work Plan;
(c) Identifying areas of inter-departmental and inter-
governmental coordination;
(d) Identifying areas of expertise that can be applied to specific
problems; and
(e) Offering technical advice to the Governor on traffic
management and related issues.
Appointment 4. The Governor shall appoint the Chairman and Members of
of members of the Board.
of the Board
Remuneration 5. There shall be paid to be members of the Board such
Of member of remuneration and allowances as may be determined by the
The Board Governor from time to time.
Tenure of 6. (1) The members of the board shall hold office for the
Office of the period of four (4) years and may be re-appointed

8. Members of for a further term of four (4) years.
The Board
(2) Notwithstanding anything to the contrary in the letter
by which he is appointed, a member may be removed
from office by the Governor if he:
(a) Dies
(b) Completes a term of office and is not
re-appointed
(c) Resigns from the office by the instrument in writing
under his hand addressed to the Governor;
(d) Becomes mentally incapacitated or is convicted of an
offence involving dishonesty or traffic related offence;
or
(e) Has been involved in acts that cab be considered as
inimical to the interest of the Agency or the State.
Proceedings of 7. The provisions of the First Schedule to this Law
Of the Board apply with respect to proceedings of the Board.
Power of the 8. (1) Subject to the provisions of this Law, the

9. Commissioner Commissioner may give to the Agency, directives of a general
character or relating generally to matters of policy, with
regard to the exercise by the agency of its function under
this law and it shall be the duty of the Agency to comply with
such directives.
(2) The Commissioner may make regulations or rules for the
purpose of the provisions of this Law.
(3) The provisions of the First and Second Schedules to this Law
may be amended by Regulations made in pursuant to this
Law by the commissioner subject to the provisions of the
Regulations approval Law of Ekiti State and the approval of
the House of Assembly.
The Secretary/Legal 9. There must be a Secretary/Legal Adviser to the Adviser of the
Agency Agency who shall be responsible to the Board in the
discharge of his functions and shall in particular be
responsible for the following:
(a) Providing legal advice; and
(b) Generally performing all other duties affecting the agency as
may be specifically assigned to him by the Board
(c) The day to day administration of the Agency

10. Function of the 10. The Agency shall discharge functions generally to:
Agency (d) controlling traffic and enforcing State and National Laws
that govern the safe use of vehicles on roads in Ekiti State
(e) Deterring and apprehending road traffic offenders;
(f) Conducting highly visible day and night traffic patrols to
enforce traffic rules and regulations and clear the highways
of obstruction;
(f) Reducing the incidence and severity of road traffic
accidents;
(h) Identifying, developing,
(i) Providing telephone accessible emergency towing services
for broken down vehicles;
(j) Maintaining a register of traffic violators;
(k) employing mobile and random breath testing methods to
ascertain whether a person is under the influence of
alcoholic or drugs, while operating or being in charge of a
motor vehicle as specified under the second schedule of
this Law;

11. (l) Safeguarding highways from encroachment from the
activities of markets, roads-side trading, street hawking
and alms begging;
(m) Safeguarding school children through crossing and school
site zones
(n) Safeguarding vehicles and pedestrians in construction
zones, highways and streets;
(o) Co-operating with Local, National International bodies.
Agencies or groups engaged in road safety activities in the
prevention of accidents on the highways;
(p) Entering into agreement with any person for the supply,
construction, manufacture or repair of any property
whether movable or immovable, which is necessary or
appropriate for the purpose of the Agency; and
(q) Doing anything for the purpose of advancing the skill of
employees of the Agency including the provision of
facilities for trainingeducation and research.
Power of the 11. (1) In the exercise of the function conferred on the
Agency under the Agency, staff of the Agency shall have power to

12. Second Schedule arrest and prosecute traffic offenders reasonably suspected
under the second schedule of this Law.
(2) In the discharge of the functions of the Agency by or under
this Law, a staff of the Agency shall have power to:
(a) Arrest any suspected of committing or having
committed an offence under this Law.
(b) Impound any vehicle by which an offence under this
Law is reasonably suspected to have been committed
until the case is determined or disposed of:
(c) Remove and detain any vehicle by which has been
parked in a manner that causes an obstruction on a
highway until the case is determined or disposed of;
(d) Tow away and park impounded vehicles in the
approved vehicle removed park;
(e) Declare an offender as wanted when he fails to report
to answer charges against him under this law.
(3) After the 24hours of the seizure, the driver of the owner of the
vehicle shall be liable to pay custody fees each day the vehicle
remains in custody; provided that if the driver or owner of the
vehicle fails to reclaim the vehicle within a period of 6 (six)
months from the date of the seizure, the impounded vehicle

13. shall be vested in the Ekiti State government, which reserves the
right to dispose vehicle as it deems fit.
(4) Any person who commits any offence under this law or any
other enactment shall be liable on conviction to the penalty
stipulated under the second schedule to this law or a specified
in the enactment or to any non-custodial punishment provided
by the Law.
(5) Notwithstanding the provisions of subsection (4) of this
section, a court convicting a person of an offence under this
law may impose a term of imprisonment not exceeding six
months in lieu of any of the penalties provided for in the
Second Schedule to this Law.
(6) Any person suspected of having committed any offence to
which this section applies, and who refuses without lawful
excuse to give a staff of the Agency any information
demanded or gives a false name or address or any other false
information commits an offence and is liable on conviction to a
fine of N5,000.00 or to imprisonment for six months or to any
non- custodial punishment provided by Law.
(7) Persons suspected to have committed an offence under this
Law may be prosecuted in any Magistrate court in the State.

14. (8) In addition to any of the punishment that may be imposed
under this Law or any other enactment, a court may order an
offender to undertake a course of study at a Driving Institution
for a period of not less than two (2) days but not exceeding
fourteen (14) days in respect of any offence for which the
person is convicted.
Traffic fines 12. (1) Notwithstanding the provisions requiring the imposition
Ticket of a penalty after conviction by a Magistrate Court, a
person accused of a traffic offence may wish to waive his
rights to a court trial by electing to pay the stipulated fines on
the fine tickets to designated Sate Accounts.
(2) Where a staff of the Agency who reasonably suspect that an
offence under the second schedule to this law has been
committed issues a Traffic fine Ticket to a person suspected
to have committed the offence, the person may elect to pay
the fine within twenty-four hours of the issuance of the
Traffic Fine Ticket.
(3) The person paying the fine shall obtain an official ticket
showing the offence and the amount of fine paid.
(4) The vehicle of any person who is suspected to have
committed the offence under this Law shall be detained until
the said fine is paid.

15. (5) Where a person issued with a Traffic fine ticket contests the
Agency of an offence or defaults to pay the fine within the
stipulated time, a charge may be preferred against him at a
Magistrate Court.
Ranks of the 13. (1) Staff of the Agency shall bear such ranks and
Staff of the Agency designation as may be assigned to them.
(2) The entry qualification for the appointment of the staff shall be
in accordance with the rules made by the Agency for that
purpose but must not be less than:
(a) a minimum entry of Senior Secondary School Certificate or its
equivalent.
(b) Certificate of medical fitness from a government hospital.
(3) Uniformed staff of the Agency in addition to the conditions
prescribed in section 13 (2) above would be required to be:
(a) Physically fit;
(b) Of a minimum height of 1.67 meters (5 ft 6ins.) for male staff
and
(c)Of a minimum height of 1.62 meters (5.4ins.) for female staff.

16. Declaration of 14. (1) A person shall, before he is appointed as a staff of the
Interest by Staff Agency, required to declare his interest, if any, in any transport
or other business organization undertaking transportation of
passengers, or goods or engaged in the repair and maintenance
of vehicles or the manufacturing or sale of any equipment used
by the Agency.
(2)A Staff of the Agency who acquires any financial interest in any
organization undertaking transportation of passengers or goods
or is engaged in the repair and maintenance of vehicles or in the
production or sale of any equipment used by the Agency, shall,
within one month of such acquisition give notice thereof in
writing to the Agency specifying the interest so acquired and the
Agency may, after taking into consideration all the
circumstances of the case, decide whether-
(a) to retain him as a staff of the Agency; or
(b) to remove him from such membership of the staff.
(c)to attach any condition to his membership of staff.
Provision of 15. The Agency shall provide for the use of members, such
equipment equipment as the Agency may consider necessary for the and

17. materials effective and efficient discharge of the function conferred by the Law;
including the provision of uniforms, identification card, retro-
reflective jackets, raincoats, high-powered motorcycles, patrol
car, ambulance, recovery vehicles, two-way mobile radios,
telephone sets, computers, rescue tools and powerful torches.
Jurisdiction 16. (1) The Agency shall operate in the entire State
And Operational (2) For the administration of this law, the Agency shall
Zone shall create operational zones in the State, each of which shall
be under the control of an officer appointed by the Agency.
(3)The Agency may deploy to each operational zone such number
of traffic control officers as it may deem sufficient for
enforcing the provisions of this Law within the operational
zone.
Immunity of Staff 17. A uniformed or non-uniformed staff of the Agency shall not be
liable for any act lawfully done by him in the exercise of his duty
and within the limits of power conferred on him by this Law or
any rules or regulations made there under.

18. Staff to be 18. (1) Service by Staff of the Agency under this Law shall be
Regarded as persons deemed to be public service of the Ekiti State
In the Public Service of Government.
Ekiti State
(2) The Board may require any person employed as a staff of the
Agency to undergo such course of training related to the functions
of the Agency at such institutions or organizations as the Board
may decide from time to time.
Allocation of 19. (1) Every Staff of the Agency shall have allocated to him a
Service Numbers service number which shall be prefixed against his name in the
register of staff kept in the Agency.
(2) The Service number shall be the identity number of the staff
and shall be affixed in the case of a uniformed staff above the
breast pocket of his shirt or such conspicuous part of his
uniform as the Agency may decide.
Funds and 20. The funds and resource of the Agency shall consist of:
Resources of the (a) such sums or other advances by way of loans, or grants
Agency to the Agency by the Government.

19. (b) The sums of or other property whatsoever as may from time
to time be advanced by way of loans or grants to the Agency or
institution, any international organization or private
foundation or any person whatsoever;
(c)Any investments or other property acquired by or vested
innthe Agency;
(d) All other sums or property, which may in any manner become
payable to or vested in the Agency in respect of its power and
duties or any matter incidental thereto under this Law.
Account 21. (1) The Authority shall keep proper account of all its transactions
in such a form as the Governor may direct or as may be
prescribed by Law.
(2) The form of accounts shall be such as to secure the provision
of separate information in respect of each of the main
activities and department of the Agency.
(3) The accounts shall be audited annually by external auditors
appointed by the Agency from a list of approved Auditors
provided by the Auditor-General of the State.
(4) The Agency shall within six (60 months after the end of each
financial year, furnish the Governor with;
(a) a copy of the audited accounts of the Agency.

20. (b) a copy of the general report and full report of the
external Auditor; and
(c) a detailed report of the state of affairs of the Agency
for the financial year, including a statement of the
change in the general reserve fund arising from the
activities of the Agency during the year upon.
(5) The Agency or Governor shall cause audited account and the
Annual report of the Agency to be published in the
Government Gazette after complying with subsection (4) of
this section and be available on demand to the public.
Operations of 22. The Agency shall operate funds with a reputable bank or
Banks Accounts banks in the State and the signatories to the account shall be the
Secretary and the Director of Finance and Administration (DFA).
Interpretation 23. In this Law, unless the context otherwise requires:
“Agency” means the Ekiti State Traffic Enforcement and
Management Agency;

21. “Driving Institution” means any Driving Institution designated by
Government
“Financial year” means every period of twelve months terminating
on the 31st day of December.
“Government” means Government of Ekiti State;
“Governor” means Governor of Ekiti State
“Commissioner” means Commissioner of Works and Transport or
any person for the time being to whom the responsibility for
transportation in Ekiti State in delegated by the Governor;
“Staff” means a uniformed, non-uniformed staff of the Agency;
“Member” means a member of the Ekiti State Traffic Enforcement
and Management Agency Board.
“State” means Ekiti State of Nigeria.
Citation and 24. This Law may be cited as the Ekiti State Traffic
Commencement Management Agency Law, 2011.

22. FIRST SCHEDULE
SECTION SEVEN
BOARD PROCEEDINGS
1. The Board may make standing orders regulating the proceedings of the Board or
of any committee constituted by the Board
2. At any meeting of the Board, the Chairman or in the absence, any member duly
appointed by the Board shall preside at the meeting.
3. Where the Board wishes to obtain the advice of any person on a particular
matter, the board may co-opt him as a member for such period as it thinks fit,
but a person who is a member by virtue of this sub-paragraph shall not be
entitled to vote at any meeting of the Board.
4. (1) The Board may appoint one or more committees to carry out, on behalf of
the board, such of its functions as the Board may determine.
(2) A committee, appointed under this paragraph shall consist of the number of
persons determined by the Board and not more than one third of those
persons may be persons who are not member of the Board, and a person
other than a member of the Board shall serve on the committee in
accordance with the terms of the instrument by which he is appointed.
5. The fixing of the seal of the Board shall be authenticated by the signature of the
Chairman or some other member authorized generally or specified by the Board
to act for that purpose.

23. SECOND SCHEDULE (SECTION II)
FINES & PENALTIES
LICENCE CONDITION (GENERAL) (LCG)
S/NO VIOLATION CODE POINT FINE IN ADDITIONAL
NAIRA
1. Driving without LCG-01 2 2,000.00 Impound Vehicle
Drivers Licence
2. Driving of any LCG-02 2 2,000.00 Impound Vehicle
Vehicle by person
under 18 (training a
must)
3. Learner drivers LCG-03 2 2,000.00 Impound Vehicle
without learner’s
permit
4. Learner driving on LCG-04 2 2,000.00 Dislodge Driver
major highway
5. Learner driving and LCG-05 2 2,000.00 Dislodge Driver
unaccomplished by
licenced driver.

24. 6. Driving an LCG-06 4 25,000.00 Impound Vehicle
unlicenced vehicle.
7. Driving a vehicle LCG-07 2 5,000.00 Impound Vehicle
with unauthorized
or defective
reflective number
plate
8. Driving with a LCG-08 3 10,000.00 Impound
forged driver’s Vehicle/Court
licence
9. Driving a private LCG-09 2 2,000.00 Impound Vehicle
vehicle without a
valid road
worthiness
certificate
10. Driving a company LCG-10 2 5,000.00 Impound Vehicle
vehicle without a
valid road
worthiness
certificate

25. 11. Driving without LCG-11 2 2,000.00 Impound Vehicle
valid vehicle licence

26. LICENCE CONDITION (COMMERCIAL) (LCG)
S/NO VIOLATION CODE POINT FINE IN ADDITIONAL
NAIRA
12. Not painting a LCG-01 4 2,500.00 Enforce and
commercial Painting
vehicle in
approved state
colour
13. Driving a LCG-02 2 a. 1,000.00 Impound
commercial Vehicle
b. 2,500.00
vehicle without
valid
hackney/stage
14. Driving a LCG-03 2 a. 1,000.00 Impound
commercial Vehicle
b. 2,500.00
vehicle without
certificate of
road
worthiness
A = Cars
B = Pickups/Big Lorries

27. TRAFFIC SIGNS AND MARKETING (TSM)
S/NO VIOLATION CODE POINT FINE IN ADDITIONAL
NAIRA
15. Disobeying traffic TSM-01 2 2,000.00
control personnel or
traffic signs
16. Disobeying traffic TSM-02 2 2,000.00
lights
17. a. Parking on yellow line TSM-03 4 2,000.00
on any public
highway/illegal
packing
Packing on yellow
line on any public
b. 4
highway/illegal
parking for trailer. TSM-03 5,000.00
18. Vehicle crossing TSM-04 4 2,000.00
double yellow
line/centre line.
19. Staying within the TSM-05 3 2,000.00
yellow junction box
(offside rule).

28. 20. Failure to yield to TSM-06 3 2,000.00
right of way of
pedestrians at a
zebra crossing.
21. Failure to give to TSM-07 2 2,000.00
traffic on the left at a
round about
VEHICLE DEFECT (VDF)
S/NO VIOLATION CODE POINT FINE IN ADDITIONAL
NAIRA
22. Driving vehicle & motorcycle VDF-01 2 2,000,00 Impound &
with non functional lamp Enforce
repairs
SMOKING (ALD)
S/NO VIOLATION CODE POINT FINE IN ADDITIONAL
NAIRA
23. Smoking & Drinking Alcohol ALD-02 2 4,000.00 Impound
while driving Vehicle.

29. MOTOR-CYCLE RIDERS
S/NO VIOLATION CODE POINT FINE IN ADDITIONAL
NAIRA
24. Riding motor-cycle MCL-01 1 2,500.0 Impound
without crash helmet 0 Motor-cycle
for rider and passengers
1,000.0
0
25. Riding a motor-cycle MCL-02 2 2,000.0 Impound
without a rider permit 0 Motor-cycle
26. Riding a motor-cycle: MCL-03 3 2,500.0 Impound
0 Motor-cycle
(i)against traffic or
(ii) on the kerbed,
median or road set
backs
27. Conveying more than MCL-04 2 2,000.0 Dislodge
one passenger at any 0 extra
given time passenger
28. Alteration of MCL-05 2 2,500.0 Impound
manufacturers 0 Motor-cycle
specification on
motorcycle (e.g. Handle

30. bar/leg)
29. Motorcyclist resisting MCL-06 2 2,000.0 Impound
arrest or offering bribes 0 Motor-cycle
30. Operating a motorcycle MCL-07 2 2,500.0 Impound
without registration 0 Motor-cycle
particulars
31. Operating a motorcycle MCL-08 2 1,000.0 Impound
without side mirrors, 0 Motor-cycle
trafficators, break lights
or rear lights
32. Under aged person MCL-09 2 2,500.0 Dislodge
(under 18 old) riding a 0 rider &
motorcycle Impound
33. Motorcycle operator MCL-10 1 2,500.0 Impound
using horn designated 0 horn
for motor vehicles/siren
34. Operating a motorcycle MCL-11 3 5,000.0 Impound
beyond 8:00 p.m. in Ekiti 0 Motor-cycle

31. MISCELLANEOUS TRAFFIC FINES
S/NO VIOLATION CODE POINT FINE IN NAIRA ADDITIONAL
35. Assault on a traffic officer MTF-01 3 5,000.00 Prosecute in
court.
36. Driving in a direction MTF-01 4 5,000.00 Impound
prohibited by the road Vehicle
traffic law.
37. Illegal U-turns MTF-03 3 5,000.00 Driver Training
38. Wrongful overtaking of MTF-04 2 5,000.00 Driver Training
other vehicle
39. Overloading of a MTF-05 4 5,000.00 Dislodge
commercial vehicle on the excess
high-way
40. Driving on the walkway or MTF-06 4 5,000.00 Move away
kerbs
41. Parking or stopping to pick MTF-07 3 2,500.00 Training
passenger by a commercial
vehicle on the highway.

32. 42. Offering of bribes to a MTF-08 4 5,000.00 Prosecute
traffic officer by vehicle
users
43. Abandoned vehicle on MTF-10 2 a.Car 10,000.00 Impound
highway
b.Trail 10,000.00
er and
big
lorries
44. Causing obstruction on MTF-11 2 5,000.00 Impound
highway if broken down
45. Commuter or conductor MTF-12 2 2,500.00 Dislodge
hanging on tailboard of
moving vehicle.
46. Driving vehicle with doors MTF-13 2 5,000.00
left open.
47. Making or receiving phone MTF-14 2 2,500.00 Impound the
calls while driving. Cell-phone
48. Driving without a strapped MTF-15 2 2,500.00 Strap on seat
seat belt for both drivers belt.
and front seat passengers
49. Failure to display reflective MTF-16 2 2,000.00
warning sign at point

33. breakdown
50. Motorist resisting arrest MTF-17 2 5,000.00
51. Willful obstruction on MTF-18 2 2,500.00
highway.
52. Non-Covering of Load of MTF-19 3 5,000.00
sand, Laterite or gravel
CUSTODY CHARGES
S/NO VIOLATION CODE POINT FINE IN ADDITIONAL
NAIRA
53. Custody charge for SCC-01 500.00
impounded cars, jeep and
mini-buses per day
54. Custody charge for SCC-02 200.00
impounded motor-cycles and
3-wheeleers per day
55. Custody charged for all other SCC-03 1,000.00
impounded vehicle 6-
wheeleers and above per day

34. TOWING OF VEHICLE
S/NO VIOLATION CODE POINT FINE IN NAIRA ADDITIONAL
56. Cars/Jeep/Buses SCC-04 5,000.00 Pay towing
cost
57. Pickups/Lorries/Luxurious SCC-05 25,000.00 Pay towing
buses cost
58. Trailers SCC-06 50,000.00 Pay towing
cost

35. This printed impression has been carefully compared by me with the
Bill, which has been passed by the Ekiti State House of Assembly and
found by me to be a true copy of the said Bill.
……………………………………………..
MR. BEN. AKINTUNDE FAMOYEGUN
Clerk of the House of Assembly
...........................................................
Rt. Hon. (Dr.) Adewale A. Omirin
Speaker of the House

36. Governor’s Assent
I hereby signify my assent to this Bill
DR. KAYODE FAYEMI
Executive Governor of Ekiti State
MADE AT ADO EKITI THIS 26th DAY OF July, 2011