Section 10: Establishment, Functions, etc. of the Federal Road Safety Corps.

(1) There is established for the Commission, a body to be known as the Federal Road Safety Corps (in this Act referred to as "the Corps") which shall consist of such number of uniformed and non-uniformed members as may be determined, from time to time, by the Commission.
(2) The Corps shall discharge functions relating generally to-
(a) making the highway safe for motorists and other road users;
(b) recommending works and devices designed to eliminate or minimize accidents on the highways and advising the Federal and State Governments including the Federal Capital Territory Administration and relevant governmental agencies on the localities where such works and devices are required; and-
(c) educating motorists and members of the public on the importance of discipline on the highway.
(3) In particular, but without prejudice to the generality of the provision of subsection (2) of this section, members of the Corps shall, subject to the provision of this Act, be charged with responsibilities for-
(a) preventing or minimizing accidents on the highway;
(b) clearing obstructions on any part of the highways;
(c) educating drivers, motorists and other members of the public generally on the proper use of the highways;
(d) designing and producing the driver's licence to be used by various categories of vehicle operators;
(e) determining, from time to time, the requirements to be satisfied by an applicant for a driver's licence;
(f) designing and producing vehicle number plates;
(g) the standardisation of highway traffic codes;
(h) preventing or minimising accidents on the highways;
(i) clearing obstructions on any part of the highways;
(j) educating drivers, motorists and other members of the public generally on the proper use of the highways;
(k) giving prompt attention and care to victims of accidents;
(l) conducting researches into causes of motor accidents and methods of preventing them and putting into use the result of such researches ;
(m) determining and enforcing speed limits for all categories of roads and vehicles and controlling the use of speed limiting devices;
(n) co-operating with bodies or agencies or groups engaged in road safety activities or in the prevention of accidents on the highways ;
(o) making regulations in pursuance of any of the functions assigned to the Corps by or under this Act;
(p) regulating the use of sirens, flashers and beacon lights on vehicles other than Ambulances and vehicles belonging to the Armed Forces, Nigeria Police, Fire Service and other Para-military Agencies;
(q) providing roadside and mobile clinics for the treatment of accident victims free of charge;
(r) regulating the use of Mobile Phones by motorists;
(s) regulating the use of seat-belts and other safety devices;
(t) regulating the use of motorcycles on the highway;
(u) maintaining the validity period for drivers licences which shall be three years subject to renewal at the expiration of the validity period; and
(v) performing such other functions as may, from time to time, be assigned to the Corps by the Commission.
(4) In the exercise of the functions conferred by this section, members of the Corps shall have power to arrest and prosecute persons reasonably suspected of having committed any traffic offence including the following offences and serve such persons with court processes or notice of offence sheet-
(a) obstructing highway with a vehicle or any other object;
(b) driving or riding any vehicle on the highway in excess of the prescribed speed;
(c) wrongful overtaking of another vehicle;
(d) failing to obey traffic lights, road signs or pavement or road markings;
(e) driving or riding a vehicle without carrying breakdown transparent warning cones or triangles, or in the case of a breakdown, without reporting within reasonable time of the breakdown to members of the Corps or nearest police post so that necessary measures may be taken to effect the removal of the breakdown vehicles from the highway;
(f) being on a road without lights, signs or reflectors as required by law;
(g) contravention of the provision of any order, bye-laws, regulations or rules relating to-
(i) the route to be followed by vehicles generally or by vehicles of the class to which the vehicle belongs;
(ii) the roads which are to be used for traffic by such vehicles; or
(iii) road safety generally.
(h) being on a road without a valid vehicle licence or identification mark being displayed;
(i) being on a road without the driver thereof being in possession of a valid driving licence or any other licence or permit required by law;
(j) driving a motor vehicle on a highway recklessly or negligently or at a speed or in a manner which is dangerous to the public;
(k) driving or attempting to drive a motor vehicle on a highway under the influence of drugs or alcohol;
(l) operating a vehicle with forged driving or insurance papers;
(m) unauthorised removal of, or tampering with, road warning sign;
(n) creating a road hazard without adequate warning signs;
(o) removing a vehicle on which the sign "Do NOT MOVE" has been pasted by members of the Corp or other duly authorised body;
(p) failure to observe speed limit erected at road construction areas;
(q) in the case of slow moving vehicles failure to move to the extreme shoulder of the road where up to four vehicles are held up unable to overtake;
(r) in the case of a vehicle carrying a load of gravel or other unstable materials, failure to cover such materials with tarpaulin or strong plastic;
(s) failure to display number plates on vehicles;
(t) carrying passengers or loads in excess of the number or weight a particular vehicle is licensed to carry ;
(u) in the case of road construction companies, failure to provide adequate warning signs at construction areas day or night;
(v) driving a vehicle without a spare tyre or with tyres whose threading are worn out; ,
(w) driving a vehicle without a windscreen or shattered windscreen;
(x) driving a vehicle with a projecting load and without a red flag warning attached to the end of the projecting load;
(y) driving a motor vehicle or motor cycle when below the age of 18 years;
(z) rejection of accident victims by hospitals and or medical personnel;
(aa) assaulting a member of the Corps in the performance of his duties;
(bb) failure to reclaim detained vehicle after 24 hours;
(cc) driving a vehicle without a fire extinguisher which conforms to the required specifications ;
(dd) driving a passenger carrying commercial vehicle on an intercity journey without passengers' manifest;
(ee) driving a vehicle not fitted with seat belt or where fitted, not wearing same while the vehicle is in motion;
(ff) making or receiving phone call while driving a vehicle;
(gg) failure to report road accident;
(hh) being a compulsive, wanted or violent traffic offender (Reprobate Offender Alert Series) ;
(ii) riding a motorcycle without a crash helmet properly strapped to the head and fastened under the chin by both the rider and the passenger; or
(jj) using a motor vehicle for purposes other than that for which it is licensed.
(5) In the discharge of the functions of the Corps by or under this Act and notwithstanding the provision of section 18 (1) of this Act, a member of the Corps shall have power to-
(a) arrest any person suspected of committing or having committed an offence under this Act;
(b) remove and detain any vehicle which has been parked in a manner that causes an obstruction on a highway and the owner or driver of the vehicle shall pay a sum of N200.00 (two hundred naira) for every day or part thereof of such detention in addition to any other penalty which may have been prescribed under this Act;
Provided that if the driver or owner of the vehicle fails to reclaim such vehicle within six months of the date of its detention the Corps may apply to the High Court for an order forfeiting the vehicle to the Corps which may thereafter dispose of the vehicle by public auction and deposit the proceeds of the sale in the Government Treasury.
(c) endorse, after conviction, any driving licence indicating the offence committed by its holder;
(d) seize, when necessary, the driver's licence of any person suspected to have committed an offence under this Act and the documents or particulars in respect of the vehicle by which the offence is committed or suspected to have been committed;
(e) impound a vehicle suspected to have been stolen where the driver of the vehicle fails to produce on demand and to the satisfaction of the member of the Corps the particulars of such vehicle;
(f) tow away and park such impounded vehicle in the premises of the Corps and promptly notify the police of the matter for further investigation;
(g) declare an offender as wanted when he fails to report to answer charges against him under this Act;
(h) impound any vehicle by which an offence under this Act is reasonably suspected to have been committed; and
(i) arrest and prosecute an offender offering bribe to a member of the Corps or attempting to corrupt a marshal on duty.
(6) The driver or owner of a vehicle shall be liable to pay a sum of two hundred naira for every day or part thereof during which the vehicle is detained:
Provided that if the driver or owner of the vehicle fails to reclaim such vehicle within six months of the date of its detention the Corps may apply to the High Court for an
order forfeiting the vehicle to the Corps which may thereafter dispose of the vehicle by public auction and deposit the proceeds of the sale in the Government Treasury.
(7) A person suspected of having committed an offence under this Act may be prosecuted in any Magistrate's Court in the Federal Capital Territory, Abuja, or the State within which the offence is committed.
(8) The Chief Judge of a State or the Federal Capital Territory, Abuja shall have power to establish special or mobile courts for the purpose of a speedy trial of traffic offenders under this Act.
(9) The court convicting an offender under this Act 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 Act.
(10) For the purpose of enforcing or prosecuting offences under this Act, the Road Traffic Laws of a State, the Federal Highways Act and any Regulations made under these Laws shall apply to this Act.
(11) A person who fails to comply with any of the provisions of this Act, the Road Traffic Laws of a State, the Federal Highways Act and any Regulations made under these Laws shall where no special penalty is provided in this Act, be liable on conviction to a fine of N2,000.00 or to imprisonment for a term not more than 3 months in case of default of payment.