By Chidinma Ewunonu-Aluko
Car owners have been reminded of the implications of driving without valid vehicle documents and the position of the law concerning car impoundment by vehicles or traffic regulatory officials.
Two legal practitioners, Mr Adeyemi Okunade and Mr Oluwatobi Fatoki, explained these in separate interviews by the News Agency of Nigeria (NAN) in Ibadan on Friday.
The legal experts identified the National Road Traffic Regulations (NRTR) 2012 and the Federal Road Safety Corps (FRSC) Act 2007 as primary laws governing vehicle regulations and road safety.
Referring to the NRTR 2012, Okunade said every vehicle owner must have some necessary documents in the vehicle at all times.
The documents, he said, include a vehicle licence, vehicle registration certificate, insurance certificate, and a driver’s licence.
“Section 10 of the NRTR 2012 states that every driver of a vehicle shall, while driving, carry a valid driver’s licence, valid vehicle licence, valid vehicle registration certificate, valid insurance certificate, any other document that may be prescribed by the corps.
“If a vehicle owner is found to be driving without any of these documents, or if the documents have expired, the FRSC or the police have the power to stop the vehicle and impose penalties.
“Section 28 of the FRSC Act 2007 states that ‘any person who drives a vehicle on a public road without a valid vehicle licence or registration certificate commits an offence’.
“The person shall be liable on conviction to a fine of not less than N10,000 or more than N50,000 or to imprisonment for a term of not less than six months or more than one year or both,” he said.
Okunade said the corps might impound any vehicle driven on a public road in contravention of any of the provisions of Section 29, FRSC Act 2007, or any regulation made thereunder.
The legal practitioner, however, said a vehicle owner has the right, under the law, to challenge the impoundment of the vehicle in court.
Concerning vehicle particulars, Okunade says the law requires vehicle owners to have necessary and up-to-date documents to ensure road safety and prevent accidents.
“If a vehicle owner is found to be driving without any of these documents, or if the documents have expired, he should cooperate with the FRSC or the police.
“The vehicle owner should provide the necessary documents as soon as possible,” he said.
According to Okunade, the government should ensure that laws and regulations regarding vehicle particulars are clear and easily accessible to the public.
“They should also provide adequate training to the FRSC and the police on the laws and regulations regarding vehicle particulars to avoid harassment and intimidation of citizens.
“While the law requires vehicle owners to have the necessary particulars, it also provides for the right of citizens and car owners to challenge the impoundment of their vehicles in court,” he said.
Similarly, the second legal expert, Fatoki says it is pertinent for vehicle owners to have their car particulars with them while driving.
He says the FRSC Act 2007 and different state traffic laws, among others, cover the procurement and instant possession of one’s vehicle particulars.
According to him, the particulars are: Vehicle Licence, Proof of Ownership, Valid Insurance Certificate, Drivers Licence, Roadworthiness Certificate, Custom Clearance (for imported vehicles), etc.
“When such expires, the vehicle owner must renew promptly, as no one can put something on nothing – an expired document cannot stand in for a valid document.
“The Court of Appeal in 2023 delivered a judgment upholding the Akwa Ibom State High Court ruling to the effect that the FRSC has the power to arrest and prosecute within the ambit of law denoted to the corps.
“Also, Section 10 (5d and 5h) of the FRSC Establishment Act gave the FRSC the authority to confiscate the driver’s licence and vehicle documents of erring motorists.
“It was also given authority to impound any vehicle by which an offence, under the act, is reasonably suspected to have been committed,” he said.
Fatoki simply enjoined citizens and car owners to be law-abiding.
“Every one of us (even as officers) has our fundamental rights as enshrined under Chapter 4 of the 1999 Constitution.
“Therefore, it is wrong for any citizen or vehicle owner to fight, harass, or assault any other person or officers performing their duties.
“When an officer does what is not right, citizens should not hesitate to seek legal redress and reach out to regulatory bodies rather than taking laws into their hands,” Fatoki said. (NAN)
