‘No one is above the road safety laws’

updated: Monday 07-07-2008

David Mendie,
FRSC Oyo Sector CommanderThe public perceives them as hard and uncompromising. Yet, the stance of men of the Federal Road Safety Commission (FRSC) might be a strategy to ensure Nigerians imbibe the road safety culture. Bukola Olajide recently engaged the Oyo State Sector Commander of the FRSC, David Mendie on the legal aspect of their duties vis-a-vis their collaboration with the state judiciary. Excerpts:

Under the road safety laws what are its functions?
Its primary function is to prevent and reduce accidents on our roads, research into causes of road accidents by adopting different strategies and ensure that road accidents are reduced where it cannot be totally eradicated. We also enlighten drivers and other road users on how best to use our roads and we are also trained in rescue operations. We clear obstructions on our highways to ensure free flow of traffic and also produce drivers licenses and number plates though a tripatite agreement with the Board of Inland Revenue (BIR) and the Vehicle Inspection Office (VIO). Special Marshals and Road Safety Clubs also assist us.

Under what law does the FRSC operate?
There is the Federal Road Safety Commission Establishment Act 2007 which empowers us to make traffic rules and regulations. We also have the National Road Traffic Regulation, 2004.

One of the commendable efforts of the FRSC in Oyo State is its collaboration with the state Judiciary in setting up mobile courts to try traffic offenders. What led to that strategy and what are the achievements of the FRSC so far with that exercise?
As one of our functions is to see that Nigerians imbibe the road safety culture and prevent people from being maimed or killed anyhow, we developed strategies from our research on how to operate in a particular society to get solutions to these problems and we adopted the strategy of prosecution.

We are achieving our objectives as people are ready to observe anything that has got to do with the courts.

Which of these traffic offences has been difficult to control?
In Oyo State, the most common are the use of seatbelts and overloading of persons and goods. Also for the motor bikes we have battled the issue of wearing crash helmets. These have reoccurred severally.

Observing the rules in respect of these three can control the effect of accidents if any occurs. Some overload their vehicles in the nights when the Road Safety Officials are not on the roads. It is in the interest of the public to do the right thing even when we are not on the roads. The issue of the helmets is still at the persuasive stage pending when it will take its proper cause and will not be overlooked from the 1st of January, 2009.

For motorbike riders who are known for their excesses on our roads and involvement in fatal accidents, what strategies have been put in place to ensure they are controlled?
From a research conducted in 2007 on motorbike accident cases, we were able to find in the University College Hospital(UCH), 27 cases, Odogbo Military Hospital gave 10 cases.Traditional healing centres in Ibadan gave us a totaling sum of 53. That’s a total of 90 cases at that period in 2007. We are always organising series of enlightenment training to sensitise them but we don’t understand why it seems to increase.

Any rider that wants to ply the roads must have a valid licence with Class ‘A’, and he goes through a similar procedure as that of the car drivers. This involves having an ‘L’ plate and carrying only his instructor who must be licenced. Also, he is to be tested by the Vehicle Inspection Officer(VIO). We also tell them that manoeuvreing is not a style of riding, as a life lost cannot be regained.

Still on traffic offences, is the rule on the use of seat belts strictly enforced on passengers as it is on drivers?
The law is that all the occupants of car must fasten their seatbelts. The enforcement is gradual, we started with the drivers, now we are enforcing it on all passengers.
Since the drivers are not the only ones affected in event of an accident, we enforce it on all occupants of the vehicle irrespective of the position in the car.

Are there specialised courts trying traffic offences or are there plans for such?
We don’t have special courts to try traffic offenders. Such offenders are tried in the magistrate courts. The mobile courts are special courts for the FRSC where offenders are summarily tried.

Road Safety officials are not seen on the roads at night. Does it mean you are not concerned with the war against accidents in the night when most seem to occur?
You can’t find Road Safety at night unless we are allowed to carry guns. We don’t have any form of security to protect us. Except on special periods like the ‘ember’ months, we hardly go out at night.

Has anyone ever gone to jail for traffic offences?
Who would pick the option of jail against paying a fine? If the court insists that there would be no option of fine, then the person would definitely go to jail.

The FRSC has been commended for sticking to the rules when it comes to punishing traffic offenders by not succumbing to the pleas or influence of such offenders. Yet some believe the FRSC is only after the poor while the rich are allowed to escape equal offences.
We are even more targeted at the rich than the poor. The FRSC does not discriminate. Some of these offences are likely to be based on the level of enlightenment of the driver. When a rich man observes all the rules, we cannot apprehend him just because he is a rich man.

What is the FRSC doing to check the issuance of fake drivers’ licenses which are often discovered only under mercury lights?
It’s just like in the case of fake currencies, FRSC does not produce fake drivers’ license, we would confiscate such when we come across any, we would prosecute any one arrested with a fake driver’s licence.

Would you agree that a contributing factor to the high rate of accidents on our roads is the state of these roads?
We are not closing our eyes to black spots on our roads. We submit quarterly reports on the state of roads to our headquarters and the Federal Ministry of Works. One of our function is to advise and so we advise the government on these roads but we cannot force the government to fix the roads. Our own power stops at advising the government. The human factor is more than environmental factor in road accidents. The driver should know how to manage bad roads.

On the monies paid to the FRSC, what are they used for?
The money is paid into government revenue. We don’t touch the fines.

From your experience, what would you say is the way forward in ensuring that our roads are safe?
Vehicular movement should be orderly. Vehicular traffic on our roads are as a result of the impatience of Nigerian drivers. We could borrow a cue from Ghana where mere traffic lights work for them.

But most of our traffic lights have stopped functioning...
When it was working were people observing it? We want people to learn to observe these traffic rules. We want Nigerians to know that if they are careful on the roads, the issue of incessant killings on our highways would reduce.

Some vehicles are rickety and not road worthy, a minor accident which ordinarily should not be so ghastly ends up being very fatal, because of the condition of the cars involved. People give economic reasons, even for failing to register their vehicles. The traffic rules is no respecter of persons, who ever flouts it would be prosecuted.