Category: Motoring

The Police High Command has observed with concern the unnecessary controversies that have trailed the recent Inspector -General of Police (IGP’s) announcement on the ban on the indiscriminate use of tinted glasses on vehicles plying Nigerian roads.

The Force has observed that one of the issues that have generated so much contention and sometimes endless arguments between Police officers enforcing the ban on the one hand, and motorists on the other hand, is the contention by some vehicle owners that there is no valid law restricting the use of tinted vehicle glasses in Nigeria.

Others who claim to be aware of the legal restriction argue that because the tints on their glasses are ‘factory-fitted’, they are under no legal obligation to obtain a permit. Yet, others hinge their arguments and objections on the fact that their car tints are not as dark as others and thus, should be excused from the requirements of obtaining Permits.

While some of these arguments may sound persuasive or even plausible, they are, unfortunately, devoid of any known legal foundation. Nigerian Laws are unequivocal in their restrictions on the use of tinted vehicle glasses. For instance, regulation 66(2) of the National Road Traffic Regulations (1997) provides that:

‘All glasses fitted to a vehicle shall be clear and transparent to enable persons outside the vehicle see whoever is inside the vehicle and the glasses shall in no way be tinted except as may be approved by the Inspector-General of Police for security reasons.’ (Emphasis mine)

However, it will appear that the most comprehensive legislation on the use of tinted car glasses in Nigeria is the Motor Vehicles (Prohibition of Tinted Glass) Act, CAP M21 Laws of the Federation of Nigeria (Formerly Decree No. 6 of 1991).

According to Section 1 (1) of this Act, except with the permission of the ‘appropriate authority’ and for ‘good cause’, “no person shall cause any glass fitted to a vehicle to be tinted, shaded, coloured lightly or thickly, darkened or treated in any way so as to render obscure or invisible persons or objects inside the car”. Under the Act, it is also an offence to aid, counsel or procure the commission of the offence. From the reading of the law, it is clear that the law made no distinction between manually fitted tints and factory fitted tints.

For purposes of the Law, ‘appropriate authority’ refers to the Inspector-General of Police (IGP) or any other person duly delegated by him, while ‘good cause’ means health or security reasons. The implication of the above is that it is only the IGP or any such person or persons duly authorised by him that can issue a tinted glass permit. In addition, such permit can only be issued on health or security grounds.

Owners of vehicles with tinted glasses are therefore mandated by law to seek the authorisation of the IGP before deploying such vehicles on our roads, whether such vehicles came with factory tints or whether the tints were manually fitted. However, by the operation of Section 3 of the Act, such persons – importer, buyer, donee – have 14 days grace, from the date of the purchase of the car or the date of arrival of the car in Nigeria (whichever is applicable) to either remove the tinted glasses or obtain the tinted glass permit.

Persons convicted for committing offences under this Law are liable to a fine of N2,000 or imprisonment for a term not exceeding 6 months or both fine and imprisonment. Where the offence is committed by a corporate body, the Police may by the operation of Section 4(2) of the Act, proceed against its director, proprietor, manager, or other senior officers of the organization.

It must be noted that legal restriction on the use of tinted car glasses is not peculiar to Nigeria. There are many countries – both developed and developing – with similar restrictions. The law is designed to promote and protect the collective security of all, through visual transparency. It reduces the chances of persons plying vehicles with opaque glasses from ferrying dangerous objects such as explosive devices, arms, ammunition and other incriminating materials undetected from one part of the country to the other. It is also designed to enhance the smooth discharge of Police duties, by making the monitoring of motorists easy. It is therefore advisable that persons without good reason to use tinted glasses in their cars should refrain from doing so.

In Nigeria at the moment, the decision by the Police High Command to ensure a strict enforcement of the relevant laws prohibiting unauthorised use of tinted glasses on our roads is predicated on the need to effectively tackle contemporary security challenges in the land and ultimately serve the common good of all Nigerians. Intelligence reports and empirical statistics at the disposal of the Police Force indicate that majority of crimes relating to terrorism, suicide bombing, kidnapping, gun-running, human trafficking, armed robbery and other related offences are committed with the use of vehicles with tinted glasses. Perpetrators of these heinous crimes hide under the cover of tinted glasses to ply their nefarious trade. It has therefore become a matter of urgent national security importance that indiscriminate use of vehicles with tinted glasses be checked in accordance with our laws.

The good news however is that the Law authorises the appropriate authority (in this case the IGP) to issue tinted permits to Nigerians on health and security grounds if they are so qualified. Persons desirous of obtaining tinted glass authorisation are advised to follow the following steps:

•Write a formal application to the IGP for the use of factory tinted glasses, stating the reason for use, bearing in mind that approval of such application is predicated on health or security reasons only.

•Applications should be accompanied with the following:

•Photocopies of all relevant particulars of the vehicle.

•Photograph of the vehicle.

•Profile of the applicant with relevant background information.

•Passport size photograph of the owner of the vehicle.

•Any other supporting document/information that may help to justify the request.

The Police authority, conscious of the fact that some unscrupulous Police officers may take advantage of the new regime of enforcement to engage in the harassment and extortion of helpless motorists, has issued strong warnings to all Policemen charged with enforcing the law to ensure that they act within the confines of the enabling laws and the Police Code of Conduct at all times. Command Commissioners of Police have been charged to ensure strict supervision of men deployed for these duties while the IGP Monitoring Units have been empowered to arrest and bring to book any officer found acting in a manner inconsistent with his or her oath of office. Police Officers are also warned to desist from harassing Nigerians who have already obtained valid tinted glass permits, as provided by the extant laws.

Finally, the (IGP) calls for the support, understanding and cooperation of all Nigerians, including corporate citizens as the Force embarks on a strict enforcement of the tinted glass laws.

•Mba, CSP, is Deputy Force Public Relations Officer (PRO)

The Federal Government has been urged to expedite action on the implementation of the 2007 Federal Roads Maintenance Agency (FERMA) Amendment Act.

Part of the Act makes provision for the five per cent fuel users’ charge, 40 per cent of which accrues to FERMA and the remaining 60 per cent to established state road maintenance agencies.

Governing Board member representing North Central Geo-Political Zone, Mr. Samuel Gwomna, said FERMA has demonstrated that with the little funding available to it, the agency can effectively maintain Federal roads, with the right policy and political support and a well-structured and effective maintenance strategy and programme.

Arguing that the agency’s Rapid Road Recovery programme needs to be sustained and adequately funded, Gwomna said, it makes little economic sense if only Federal roads are well maintained and state ones are in poor condition, hence the need for adequate and dedicated funding as envisaged in the FERMA Amendment Act of 2007.

He said the agency has delivered on President Goodluck Jonathan’s transformation agenda on roads by salvaging the nation’s critical economic routes and bridges from disrepair.

Gwomna made the remarks on the Abuja – Kaduna dual carriageway in Zuba, FCT, during his weeklong tour of the agency’s ongoing road maintenance projects in the North Central zone.

According to him, most of FERMA’s ongoing and completed projects include bridges, embankments and shoulder washouts, as well as major potholes and cracks which the Agency has successfully tackled through direct labour and contracts. Among such major projects are the complete washouts of two bridges along the Langtang – Shendam – Ibi road in Plateau State, as well as the ‘Total Bridge’ in Shendam, which cut the town into two with residents unable to access either side. A bridge along the Kabba – Egbe – Ilorin road in Kogi State was also reinstated.

The Board members also listed several roads in the zone where major potholes patching and pavement overlay have been completed. These include the Keffi – Akwanga road, Akwanga – Lafia – Makurdi road, Makurdi – Gboko, Makurdi – Aliade – Otukpo road, Anyigba – Ejule – Idah, Lokoja – Okene road, Dei-Dei – Dakwa – Kaduna road junction, Suleja – Dam Site – Bwari road, etc.

He said the monitoring exercise is a deliberate policy of the FERMA Board that members should routinely monitor all FERMA works to ensure they meet specification and add value to the economy.

He urged Nigerians, especially road users, to make proper use of our roads by desisting from all road abuses, especially overloading of articulated trucks, dumping of refuse on roads and drains, as well as wrong and dangerous parking of trucks and tankers on the highway.