Abuja ‘Park and Pay’ Policy: Avoid Vehicle Towing By Familiarizing Yourself With Regulations

Abuja residents are urged to acquaint themselves with the regulations or risk monetary penalties imposed by the Federal Capital Territory Administration (FCTA).

The FCTA has partnered with independent operators or concessionaires to reintroduce the “park and pay” initiative in Abuja, aiming to enhance traffic management.

Under the officially sanctioned Federal Capital Territory Parking Regulations of 2019, the Secretary of the Transportation Secretariat or duly appointed individuals hold the authority to designate specific routes, streets, crescents, boulevards, and similar paths in Abuja for the implementation of the park and pay policy, as deemed suitable by the FCTA.

Mr. Olusade Adesola, the Permanent Secretary of FCTA, who signed an MoU on behalf of the FCTA to reintroduce the policy, reassured residents that the initiative aims to cultivate a culture of orderliness and organization in vehicle parking.

As outlined in the regulations obtained by THE WHISTLER and approved by the previous Federal Executive Council on May 17, 2023, the policy encompasses various parking scenarios, including parking facilities for commuters who wish to use other means of transportation (park and ride), designated off-street parking facilities, and on-street parking. The latter pertains to parking vehicles on streets, sidewalks, or areas designated by the Transport Secretariat.

Exceptions to the policy include school buses, delivery vans, ambulance services, and towing vehicles, which are not subject to fees or fines.

However, all vehicles parked on designated highways must obtain a ticket prior to parking.

Those parking on streets are required to purchase a valid parking ticket and display it prominently on their vehicles.

Sections 10-13 of the regulations stipulate:

“Any person who wishes to park a vehicle other than exempted vehicles, school buses, delivery vans, ambulance services and towing vans on any designated highway for the purpose of park and pay scheme shall before parking the vehicle make payment which shall be prescribed in an instrument issued by the Federal Capital Territory Administration and obtain a ticket permitting the parking of the vehicle along such designated highway.

” No person shall park a vehicle in or on any area, zone and or street designated by the Transportation Secretariat as an on-street parking zone, unless the vehicle has a valid parking ticket/receipt clearly displayed on it.

“Every person using a parking space in the on-street parking area shall park totally within the parking space designated as such by lines or markings painted upon the surface of the parking facility and shall display the parking ticket/receipt on the dashboard, windscreen or passenger window of the vehicle, facing up, and easy to read from outside the vehicle and left there for the duration of the time paid for.

“Any person who wishes to park a vehicle other than exempted vehicles, on any such operational area or route, street, crescent so designated as an on-street parking zone shall before parking the vehicle make payment which shall be prescribed in a schedule of fees issued by the Federal Capital Territory Administration and obtain a valid ticket/receipt permitting the parking of the vehicle on the on-street parking zone.”

The regulations further emphasize that vehicles parked on designated highways must secure sufficient tickets to cover their anticipated parking duration.

The policy mandates the removal or towing of vehicles in violation of the regulations, with all related costs borne by the vehicle owner.

Section 15 of the regulations clarifies the process, stating that the Secretary of Transportation or designated officers have the authority to remove or tow away non-compliant vehicles to a specified location.

The creation of a Mobile Traffic Offenses Court is also slated for the prosecution of those who contravene the scheme.

The policy strictly prohibits licensed operators from engaging in predatory towing practices or any unlawful activities against vehicle owners.

Licenses will be revoked if such behavior is detected.

All fees and revenues collected by licensed parking scheme operators are directed to an account designated by the FCTA.

It is worth noting that the park and pay scheme faced suspension in 2014 due to a lack of legal backing at that time.

LAWYER REACTS

In response to these developments, Frank Tietie, a lawyer and Executive Director of Citizens Advocacy for Social & Economic Rights (CASER), highlighted the importance of creating policies across Nigeria that enhance governance and public welfare. He noted that the previous suspension of the park and pay policy was due to its lack of legislative foundation.

Speaking in an interview with THE WHISTLER, Tietie also faulted the discriminatory behaviours of some of the operators.

“We witnessed a lot of abuses, indiscriminate charges being awarded against motorists that park their vehicles,” he said, adding “because they are private individuals that have been hired or contracted to administer the policy who are more desperate for profits rather than public service.”

“In that case, it makes governance difficult, since the administration is most likely going to use private companies to implement the policy; definitely, it will create a lot of problems because private companies are more driven by profits and care less about proper public service to the people,” he added.

Tietie noted that street parking is regulated in most developed cities in the world through fiscal measures amid imposition of taxes.

“If metro train lines are working, people will not have to use cars to work.

“The reintroduction of the pack and pay is expected to learn from the mistake of the past and ensure that it is a policy that is operating with a foundation on a statute or else it will suffer the same faith of being set aside one way or the other.

“I’m not expecting that the policy will receive a public welcome, my expectation is that there is likely to be strong resistance,” Tietie added.

On his part, an official working in the National Assembly and familiar with developments around legislation in NASS, told THE WHISTLER on condition of anonymity because he was not authorised to speak said people will still legally challenge the scheme because some of the roads that the FCTA is “trying to do these things are federal government roads.”

Furthermore, he argued that the pack and pay policy may not be applicable in places like Kubwa, Bwari and other suburbs.

According to the official, it is only the National Assembly that can make laws that will affect parking on federal government roads, not a bill or regulation sponsored by the FCTA.

“It (Park and pay scheme) will face serious resistance and lawyers will take them to court again and challenge them,” the official said.