In one of the previous topics I discussed, I pointed out that the law does not empower a police officer to write tickets for drivers who violate traffic rules. It is the Federal Road Safety Commission, FRSC, that is empowered to do so. That is, those who violate traffic rules such as dangerous driving, over speeding, driving under alcohol or drug influence, wrongful overtaking, breaking of traffic lights, driving without seat belt etc.

Basically, the Federal Road Safety Commission has a list of offences which are under its jurisdiction and some of them are construction area speed limit violation, “Do not move” violation, driving with worn out or without spare tyre, excessive smoke emission, riding motorcycle without safety helmet, route violation, use of phone while driving, vehicle licecse violation, vehicle number plate violation, under aged driving/riding violation, overloading violation, operating vehicles with forged documents, fire extinguisher violation, failure to report accident, hospital rejection of accident victim, road obstruction violation etc. These offences are listed in the Federal Road Safety Establishment Act 2007, sections 10 (4), 28 (2) and National Road Traffic Regulations, NRTR, 2010 section 142.

The FRSC is also empowered to remove vehicles parked on the road that have broken down and abandoned by their owners for a long period of time or the vehicle is parked in such a way as to cause obstruction to other road users. Also, where the presence of the vehicle violates any law, the law also empowers them to remove such vehicles from the road.  The owner or driver of such vehicle will be charged N200 per day after 24 hours grace and any other penalty may be attached for everyday the vehicle is in the FRSC’s custody.

When the FRSC impounds such cars, they have to provide and maintain places where the vehicles will be kept, keep record of each vehicle which includes the date the vehicle was removed, where it was removed from, where it is kept and its contents. The commission must also ensure the safety and security of the vehicles. However, it is not their duty to protect the vehicle from any physical damage or damages from the sun, wind, rain or any other natural causes.

For you to reclaim your car that has been impounded by the FRSC, you have to show proof of ownership of the vehicle and also show evidence of payment of the prescribed N200 per day for the number of days your vehicle was in their custody or completion of any other penalty that was prescribed.

In a situation where it is a person other than the owner or driver of the vehicle, the person must show proof that he was authorised by the owner or driver.

When you satisfy all these, your vehicle will be released to you and a certificate of release of the removed vehicle will be given to you.

Now, for some of you that have your cars are in the FRSC custody, I will let you know what happens if you do not reclaim it for a period of six (6) months. In such a situation, the vehicle will be disposed of by public auction and the proceeds paid into the government treasury.

Onyemelukwe is a lawyer serving with Newswatch.

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