Transportation Law

• Pages: 40-40

40

TRANSPORTATION LAW.

(20) ROAD TRANSPORTATION

Condition precedent for private use of commercial motor vehicle.

“The trial Judge also considered Regulations 39 & 40 of the National Road Traffic Regulations

2004 and held that the Regulations show that a Hackney/Stage Carriage license is issued to

commercial vehicles and that for such a vehicle to be used for a private purpose it must be clearly

marked “PRIVATE” on the rear and front area. The learned trial Judge in my humble view

misconstrued the provision of Regulation 39 of the National Road Traffic Regulation 2004. The

Regulation provides: “Where any stage carriage or omnibus licensed to ply for hire is hired by any

person for use 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 bold letters”. There

is nothing in the above provision that states or suggests that a Hackney/Stage Carriage License is

issued for commercial vehicles only.” – PerDaniel-Kalio, J.C.A., in Esekhaigbe v. F.R.S.C. Suit

No. CA/I/150/2008; (2015) 12 N.W.L.R. (Pt. 1474) 520 at 534.

Power of Federal Road Safety Corps to impound motor vehicle driven by person not holding

a valid driver’s license.

“Section 10(5)(h) of the Federal Road Safety Commission (Establishment) Act provides thus:

10(5) “In the discharge of the functions of the corps by or under this Act and notwithstanding the

provision of section 18(1) of the Act, a member of the corps shall have power to – (h) Impound

any vehicle by which an offence under this Act is reasonably suspected to have been committed.

One of the offences under the Act is failure to have a valid driver’s license. See section 23(1) of

the Act.” – PerDaniel-Kalio, J.C.A., in Esekhaigbe v. F.R.S.C. Suit No. CA/I/150/2008; (2015)

12 N.W.L.R. (Pt. 1474) 520 at 535 – 536.