Does “FRSC” Have Powers To Stop Use Of Google Maps By Drivers In Nigeria. Daily Law Tips (Tip 467) by Onyekachi Umah, Esq., LLM. ACIArb(UK)
Every government agency in Nigeria is created by an establishing law and the law must state the powers of such agency. When a government agency acts outside its statutory powers, its actions are invalid, null and void.
Federal Road Safety Commission (Commission) and the Federal Road Safety Corps (Corps) are both creations of the Federal Government of Nigeria since 1988 through Federal Road Safety Commission Act of 1988 (now repealed/replaced by the Federal Road Safety Commission Act of 2007).
The Commission is created as a corporate body that can own property, have a common seal, sue and be sued. It has the responsibility of making policies and appointing suitable persons as corps of the Commission. It makes regulations for “the supervision of the users of highways” and “on-road safety matters”, among other things.
The Corps is a body of uniformed and un-uniformed members, established for the Commission and being managed by the Commission. The Corps is the operational tool of the Commission, which the Commission uses to execute and enforce its policies across Nigeria. The Corps are the uniformed and un-uniformed “Federal Road Safety” staff that you find on the roads performing road traffic and road saftey duties assigned to them by the Commission and their establishing law.
Among the functions/powers of the Corps are: “regulating the use of mobile phones by motorists”, “making the highway safe….”, recommending works and devices to avoid accidents on highways and “preventing or minimizing accidents on the highways”, among others.
Hence, the Commission and the Corps both have powers to regulate use of Mobile Phones by motorists in Nigeria. They obviously have powers to regulate use of phones which includes the use of google maps and any other service provided by or through mobile phones. This may also apply where a vehicle has or motorist uses digital maps (google map) interface/console affixed to vehicle other than on or through mobile phone. Above all, the Commission and Corps regulates everything that happens on highways including the road worthiness of vehicles. So, a vehicle with too much interference/entertainment that may distract a driver, obviously can be denied road worthiness.
References;
Sections 1, 3, 4, 5(m), 5(u), 10(1),(2),(3)(r), 29 and 31 of the Federal Road Safety Commission Act of 2007.
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Feel free to reach the author, ask questions or make inquiries on this topic or any other legal issues via onyekachi.umah@gmail.com or +2348037665878.
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