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Part IV — Bye-Law No. 3 of 2016

Motor Parks Bye-Law

Commercial Vehicle Picking-Up Passengers — Regulations, Fees & Enforcement

Motor Parks (Commercial Vehicles Picking-Up Passengers)

Part IV — Bye-Law No. 3 of 2016

In accordance with the provisions of Section 7 and the Fourth Schedule to the Constitution of the Federal Republic of Nigeria, 1999 (as amended) and other relevant sections of the Local Government Act, Laws of the FCT Abuja, 2006 and other enabling laws, Bwari Area Council hereby promulgates the following Bye-Law.

No. 3 of 2016
Part IV
6:00am – 6:00pm
Motor Park Bye-Law, 2012

General Provisions

Section 1 — Key Regulations
  • No person in charge of a commercial motor vehicle shall pick-up or drop passengers or their goods within Bwari Area Council except at a motor park, bus stop or a place designated for such purpose.
  • The Council may restrict the parking of vehicles in a motor park to any class of vehicle and may erect notices at entrances indicating the class of vehicles permitted therein.
  • No person or authority shall operate a private motor park without the consent and permission of the Council first sought and obtained.
  • The Council may appoint any person (individual or body corporate) as attendant to have charge at a motor park, collect fees and enforce compliance with this Bye-Law.
  • Any person entering a motor park shall observe and obey the instructions of the attendant or other duly authorised officer(s) of the Area Council.

Fees & Ticket Requirements

Section 1(6) — Motor Park Levies
10% Per Loading Fee equivalent to 10% of total earning per loading, payable between 6:00am and 6:00pm
₦15,000 Failure to Obtain Ticket Fine for first-time offender who is remorseful (failure to obtain ticket after 10:00am)
₦20,000 Repeat/Unremorseful Fine for repeat offenders or those who are not remorseful

Any person operating a commercial motor vehicle within Bwari Area Council including car hire services or interstate transport but not using a motor park shall pay the applicable fee before 10:00am (Mondays to Saturdays) or on demand. The attendant shall issue an authorised ticket or receipt in respect of any fees paid.

Offences and Penalties

Section 2 — Contravention Consequences

Any person operating a commercial motor vehicle shall, on demand by any official or authorised agent of the Council, show evidence of payment of fees at any time after 10am. The production of such evidence afterwards shall not prevent booking of the offender.

General Contravention: Any person who contravenes or fails to comply with any provision of this Bye-Law shall be guilty of an offence and liable on conviction to a fine as specified, or to imprisonment for a period not exceeding 3 months, or both.

Obstruction Offence: Any person who obstructs, hinders, molests or assaults any person or attendant authorised to collect fees or enforce this Bye-Law shall be guilty of an offence and liable on conviction to imprisonment for a period not exceeding 6 months.

Jurisdiction of Court

Section 3 — Court Powers

Magistrate Courts and Revenue Mobile Courts of whatever grade have jurisdiction to try any person who contravenes or fails to comply with any provision of this Bye-Law.

The court shall have powers to order that any vehicle in respect of which an offence has been committed be impounded until the provisions of the Bye-Law are complied with and any fine imposed is paid, and to order its release upon compliance and payment of such fine.

Enforcement

Section 4 — Powers of Enforcement Officers
  • The Council or its duly authorised officers shall operate in conjunction with officers of the VIO, Federal Road Safety Corps, Nigeria Police or Civil Defence Corps to enforce compliance at motor parks and along roads.
  • The Area Council or its duly authorised agent shall have power to enter any park (public or private) between 6am and 6pm to ascertain compliance with this Bye-Law.
  • Duly authorised officers may clamp the wheels of any defaulting vehicle for two (2) hours, after which the vehicle shall be towed to a pound yard.
  • The Council and/or its authorised staff/agent are empowered to demobilize, tow, clamp or otherwise restrict the movement of a contravening vehicle.

Interpretation

Section 6 — Definitions
"The Council" means Bwari Area Council.
"Attendant" means a person appointed under section 1(4) of this Bye-Law.
"Commercial motor vehicle" means a mechanically propelled road vehicle used to carry goods or passengers for hire or reward; includes tricycles and motorcycles.
"Motor Park" means any parking place lawfully designated by the Area Council where commercial motor vehicles assemble for loading and offloading of passengers or goods.
"Persons in-charge of a commercial motor vehicle" means the owner, the driver or other person(s) for the time being having control of such vehicle.
"Private Motor Vehicle" means a motor vehicle other than a commercial motor vehicle.
"Goods" means goods including livestock for which freight is paid or is payable.

Schedule — Defaulters Charge Notice (DCN)

Bwari Area Council Motor Parks — Immobilisation Notice

BWARI AREA COUNCIL MOTOR PARKS — DEFAULTERS NOTICE BWC……

Veh. Reg. No:……………
Location:……………
Zone Mark:……………
Date / Time:…………… / ……………

The vehicle bearing the above identity mark has been fitted with an immobilisation device. Arrangement will be made for the removal of the immobilisation device following the payment by the owner of the prescribed charge of:

₦15,000 to BWARI AREA COUNCIL

Warning: No attempt should be made to drive this vehicle until the immobilisation device has been removed. It is an offence for a person to interfere with a clamping device affixed to a vehicle.