RE: OVERLOADED HEAVY DUTY VEHICLE OWNERS TO PAY N10m FINE — FG

As reported by a Punch Newspaper Journalist Okechukwu Nnodim published March 20, 2018. The Federal Government of Nigeria has announced that owners of overloaded heavy duty vehicles that ply federal highways will start paying fines ranging from N1m to N10m according to an official

gazette dated February 6, 2018, entitled: ‘Federal Highways (Control of Dimensions, Weights and Axle Load of Heavy Duty Goods Transport Vehicles) Regulations, 2018”.

The gazette, which was put together by the Federal Ministry of Power, Works and Housing, outlined several regulations to be enforced in the roads transport sector across the country. The Ministry stated that the objective of the regulations was to set standards and establish procedures for the control of dimensions, weight and axle load of heavy duty goods transport vehicles plying federal highways and to impose sanctions for non-compliance with those standards.

For instance, one of the regulations states that a vehicle operator who violates the dimension standards resulting wholly from the vehicle load is liable to a fine of N10m payable at the temporary area or fixed control post. Another states that a vehicle operator who overloads a vehicle beyond the regulated total laden weight of the vehicle or assembly of vehicles on a federal highways (after five per cent allowance on total laden weight for margin of error has been taken account of commits an offence and is liable to a fine of N10m payable at the temporary area or fixed control post. Also “a vehicle operator who fails to comply with the standards relating to the weight or size for the transportation of hydrocarbons, explosives and other dangerous goods, commits an offence and is liable to a fine of N10m’.

Speaking on why it was important to have rules against overloading of heavy duty vehicles, the Minister of Power, Works and Housing, Babatunde Fashola, stated that compliance with the regulations would not only increase the lifespan of the roads, but would open a massive door of opportunities in the sector.

 MY TAKE

Let me first use this medium to express publicly my sincere respect for the person of Babatunde Raji Fashola (SAN) in terms of his intellectual sagacity, administrative prowess, “national” patriotism and his pragmatism in governance. 

I totally agree with the minister on the need to start enforcing laws that will check-mate the excesses of truck operators in the sector for the purpose of safety on our roads and the reduction on the cost of maintaining road infrastructure in the long-run. However, my advice for the ministry is to:

1.  Look into partnering with companies who load these trucks. Each company must scale their products/goods to ensure that each trucks are loaded according to their specific carrying capacity (for example a 15tns truck should not load more than 12tns of goods etc). 
2. The Fine shouldn’t be directed to truck owners alone but also the companies who own the goods. This will help to ensure compliance from the point of origin and will help to ensure companies having a scale that is functioning.
3. The cost of fine (N10million) might be a source of controversy. For example a truck of 10tns capacity which carries 12tns goods will pay the same amount with a truck of 30tns capacity which carries 35tns capacity worth of goods. You will agree with me that the overall cost of the truck and carried-goods differs from truck to truck. Why not base the fine of percentage of the overall cost of the goods?
4. It is also important to put in place mechanism that will check some over-zealous traffic enforcement officers who might become more proactive in extortion of truck drivers and operators .

In conclusion, i support the motive behind the regulation but I think a little adjustments needs to be made to ensure equity and justice. God bless Nigeria!