Crime/Justice
Defaulting Transit Mixers Now Risk Arrest, Prosecution In Rivers
The Commissioner of Works, Rivers State, Elloka Tasie-Amadi Esq, has said that owners/operators of Transit Mixers who fail to operate within the stipulated rules and law may risk arrest and prosecution in the state.
Tasie-Amadi said this in a statement signed by him and made available to the public in Port Harcourt, on Monday.
He revealed that the order became effective yesterday and added that defaulting operators might have their vehicles impounded .
“The general public particularly, owners/operators of Transit Mixers should not that effective Tuesday, 1st February, 2022, it will take action against owners/operators of Transit Mixers found spilling concrete on roads within the state, such action shall include seizure of the defaulting vehicle”, he said.
Other acts which cause damage to public roads, he said, shall also be made a subject of prosecution under the available provisions of the regulations.
Such regulations, he noted, shall include Section.172 of the National Road Traffic Regulations, 2012 , pursuant to the Federal Road Safety Commission Establishment Act 2007 LFN provided for seizure of vehicles pending assessment and payment for repairs for any damage to public roads.
More so, Section 172.(1) (c) , he pointed out , stipulates that no driver of a vehicle or person shall on a public road , use any vehicle or thing or move any vehicle or thing on the roadway in a manner causing or likely to cause damage thereto.
The commissioner, who supported the State Government’s plan with other authorities including that of the Federal Road Safety Commission Establishment Act, 2007, said that the relevant authority shall recover the cost from the person or persons that caused the damage.
“Section. 172. (2) provides that, where any structural damage has been done to any road or to any street or traffic light by a person or persons (whether or not the person or persons has or have been charged with the offence of causing such damage or with any other offence under the Federal Road Safety Commission (Establishment) Act, 2007 or any other law), the appropriate authority shall recover the cost of making good such damage from the person or persons that caused it,” he said.
According to the section, any person responsible for the damage, the owner or driver of the vehicle or the thing that caused the damage or all of them jointly shall be liable.
The Road Safety Act in its Section.231 defines Appropriate authority to include the Commission, Nigerian Police Force, Licensing Authorities, Vehicle Inspection Officers, Director, Federal Public Roads, Director of Engineering, Ministry of Works of States, Local Government supervisory Councillors of Works, Security Agencies.
It also explained public road to mean any road, street or thoroughfare or any other place, whether a thoroughfare or not, which was commonly used by the public or any section thereof or to which the public or any section thereof has a right of access.
By: King Onunwor