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NATIONAL ROAD SAFETY COMMISSION
ACT, 1999 (ACT 567)
ARRANGEMENT OF SECTIONS
PART I—ESTABLISHMENT AND FUNCTIONS
OF THE NATIONAL ROAD SAFETY
COMMISSION.
Section
1. Establishment of the Commission
2. Object and functions of the
Commission
3. Membership of the Commission
4. Tenure of office of members
5. Allowance of members
6. Meetings of the Commission
7. Disclosure of interest
8. Committees of the Commission
9. Directions of the Minister
10. Ministerial responsibility
11. The Commission to conduct
investigations
12. Regional offices
PART II—GENERAL ADMINISTRATIVE AND
FINANCIAL PROVISIONS
13. Executive Director
14. Appointment of other staff of
the Commission
15. Funds of the Commission
16. Borrowing powers and bank
account
17. Levy on compulsory insurance
premiums
18. Budget estimates
19. Accounts and audit
20. Annual report
21. Regulations
22. Interpretation
THE FIVE HUNDRED AND SIXTY-SEVENTH
ACT OF THE PARLIAMENT OF THE
REPUBLIC OF GHANA
ENTITLED
NATIONAL ROAD SAFETY COMMISSION
ACT, 1999
AN ACT to establish a National
Road Safety Commission; provide
for its functions relating to the
development and promotion of road
safety in the country and to
provide for connected matters.
DATE OF ASSENT: 22ND APRIL, 1999.
BE IT ENACTED by Parliament as
follows—
PART I—ESTABLISHMENT AND FUNCTIONS
OF THE NATIONAL ROAD SAFETY
COMMISSION
Section 1—Establishment of the
Commission.
(1) There is established by this
Act a National Road Safety
Commission in this Act referred to
as “the Commission”.
(2) The Commission shall be a body
corporate with perpetual
succession, a common seal and may
sue and be sued in its corporate
name.
(3) The Commission may for the
discharge of its functions under
this Act acquire and hold movable
or immovable property, dispose of
the property and enter into any
contract or other transaction.
(4) Where there is a hindrance to
the acquisition of any property
under subsection (3) of this
section, the property may be
acquired for the Commission under
the State Property and Contracts
Act, 1960 (C.A. 6) or the State
Lands Act, 1962 (Act 125).
Section 2—Object and Functions of
the Commission.
(1) The object of the Commission
is to develop and promote road
safety in Ghana and to co-ordinate
policies in relation to them.
(2) Without prejudice to
subsection (1) of this section,
the Commission shall—
(a) undertake nationwide road
safety education;
(b) encourage the development of
road safety education as part of
the curriculum and the training of
teachers in road safety;
(c) carry out special projects
for the improvement of road
safety;
(d) co-ordinate, monitor and
evaluate road safety activities,
programmes and strategies;
(e) recommend to the Minister and
such bodies as it may determine
measures calculated to prevent
accident involving the use of
vehicles on roads;
(f) act in liaison and
co-operation with government
agencies, the Driver and Vehicle
Licensing Authority and such other
bodies as it may determine to
promote road safety;
(g) conduct investigations into
road safety issues and advise the
Minister on them;
(h) advise the Minister on the
formulation of road safety
policies and action programmes;
(i)
develop and maintain a
comprehensive data base on road
safety for the information of
the public;
(j) gather and publish reports and
information relating to road
safety;
(k) collaborate with such foreign
and international bodies as the
Commission considers necessary for
the purpose of this Act;
(l) develop a long term road
safety plan;
(m) establish with the road
authorities, procedures for safety
audit of projects for roads
construction, reconstruction or
improvement;
(n) promote road safety research;
and
(o) set standards for road safety
equipments in consultation with
the Building and Road Research
Institute (B.R.R.I.), the Ghana
Standards Board and other bodies
with relevant knowledge and
expertise on road safety and
ensure compliance with the
standards.
(3) In the performance of its
functions under subsection (2),
the Commission shall take into
consideration the interest of the
public and the interest of the
owners of properties on adjoining
roads.
Section 3—Membership of the
Commission.
(1) The Commission shall consist
of—
(a) a chairman;
(b) a representative of—
(i)
the Minister for Roads and
Transport;
(ii) the Minister for Local
Government and Rural Development;
(iii) the Minister for Health;
(iv) the Minister for Education;
(v) the Minister for
Communication;
(vi) the Minister for Justice and
Attorney-General;
(c) the Executive Director of the
Commission appointed under section
13 of this Act;
(d) a representative from each of
the following organisations
nominated by the organisation
concerned—
(i)
the Road Traffic Police;
(ii) Ghana Armed Forces;
(iii) National Insurance
Commission;
(iv) National Association of
Driving Schools;
(v) Broadcasting Industry;
(vi) Ghana Journalists
Association;
(vii) Building and Road Research
Institute;
(viii) Driver and Vehicle
Licensing Authority;
(ix) Ghana Insurers Association;
and
(e) three representatives of
private providers of road
transport.
(2) A representative of a Minister
specified in subsection (1) shall
be an officer not below the rank
of a Director or its equivalent.
(3) The chairman and other members
of the Commission shall be
appointed by the President, acting
in consultation with the Council
of State.
(4) The President shall, in making
the appointments under this
section have regard to the
knowledge, expertise and
experience of the persons and in
particular to their knowledge in
matters relevant to the functions
of the Commission.
Section 4—Tenure of Office of
Members.
(1) Subject to the provisions of
this section, a member of the
Commission shall hold office for a
period not exceeding three years
and is eligible for reappointment.
(2) A member of the Commission
other than the Executive Director
may at any time, by letter
addressed to the President through
the Minister, resign his office.
(3) A member who is absent from
three consecutive meetings of the
Commission without reasonable
excuse shall cease to be a member
of the Commission.
(4) A member of the Commission
may be removed from office by the
President for inability to
perform the functions of his
office or for stated misbehaviour
or any just cause.
(5) The chairman of the Commission
shall through the Minister notify
the President of vacancies which
occur in the membership of the
Commission within one month of the
occurrence of the vacancy.
Section 5—Allowance of Members.
The chairman and the other members
of the Commission shall be paid
such allowances as the Minister,
in consultation with the Minister
responsible for Finance, may
determine.
Section 6—Meetings of the
Commission.
(1) The Commission shall meet for
the despatch of business at such
times and in such places as the
Chairman may determine but shall
meet at least once every two
months.
(2) The chairman shall upon the
request of not less than one-third
of the membership of the
Commission convene a special
meeting.
(3) The quorum at a meeting of
Commission shall be one-third of
the membership of the Commission.
(4) Every meeting of the
Commission shall be presided over
by the chairman and in his absence
by a member of the Commission
elected by the members present
from among their number.
(5) Matters before the Commission
for determination shall be decided
by a majority of the members
present and voting.
(6) The chairman or the person
presiding at a meeting of the
Commission shall in the event of
equality of votes have a second or
casting vote.
(7) The Commission may co-opt any
person to act as an adviser at its
meetings but no co-opted person is
entitled to vote at the meeting.
(8) Except as otherwise provided
in this section, the Commission
shall regulate the procedure for
its meetings.
Section 7—Disclosure of Interest.
(1) A member of the Commission who
has an interest in any matter to
be considered or dealt with by the
Commission shall disclose the
nature of his interest to the
Commission and shall, unless the
meeting otherwise directs, be
disqualified from participating in
any deliberations in respect of
the matter and shall, in any case
be disqualified from voting on any
decision on that matter.
(2) A member who fails to disclose
his interest under subsection (1)
of this section shall be removed
from the Commission.
Section 8—Committees of the
Commission.
The Commission may for the
discharge of its functions appoint
committees consisting of members
of the Commission or non-members
or both and may assign to a
committee such of its functions as
the Commission may determine
except that a committee composed
exclusively of non-members of the
Commission may only advise the
Commission.
Section 9—Directions of the
Minister.
The Minister may give to the
Commission such directions of a
general character as appear to him
to be required in the public
interest relating to the discharge
of the functions of the Commission
and the Commission shall give
effect to the directives.
Section 10—Ministerial
Responsibility.
The Minister for Roads and
Transport shall have ministerial
responsibility of the Commission.
Section 11—Commission to Conduct
Investigations.
(1) The Commission may—
(a) investigate or authorise any
person to investigate and make a
special report on any matter in
respect of its functions; or
(b) with the consent of the
Minister, hold an inquiry or
direct an inquiry to be held into
any such matter.
(2) An inquiry under this section
shall be held in accordance with
regulations made by the Minister
and the inquiry shall be held in
public unless the regulations
provide otherwise.
(3) The Commission may cause any
report made under this section to
be made public at such time and in
such manner as the Commission
thinks fit.
(4) The Commission shall pay an
officer who conducts
investigations or persons who
hold an inquiry under this
section, such allowances as the
Commission thinks fit.
Section 12—Regional Offices.
(1) There shall be in each region
of Ghana, a regional office of the
Commission.
(2) A regional office shall be
headed by a Regional Road Safety
Officer.
(3) There shall be appointed for
each regional office of the
Commission such officers as the
Commission may determine.
(4) A regional office of the
Commission shall perform in the
relevant region such functions as
may be assigned to it by the
Commission.
PART II—GENERAL ADMINISTRATIVE AND
FINANCIAL PROVISIONS
Section 13—Executive Director.
(1) The Commission shall have an
Executive Director who shall be
appointed by the President in
accordance with the advice of the
Commission given in consultation
with the Public Services
Commission.
(2) The Executive Director shall
be a member of the Commission, and
act as secretary to the
Commission.
(3) The Executive Director shall
hold office upon such terms and
conditions as shall be specified
in his letter of appointment.
(4) Subject to such general
directives as the Commission may
give, the Executive Director shall
be responsible for the day-to-day
administration of the Commission
and ensure the implementation of
the decisions of the Commission.
(5) The Executive Director may
delegate the day-to-day
administration of the Commission
to any officer but the Executive
Director shall not be relieved
from ultimate responsibility for
the discharge of any delegated
functions.
Section 14—Appointment of other
Staff of the Commission.
(1) The President acting in
accordance with the advice of the
Commission given in consultation
with the Public Services
Commission may appoint such
officers and other employees as
may be necessary for the effective
implementation of the functions of
the Commission.
(2) The President may delegate the
power of appointment of public
officers in accordance with
article 195(2) of the
Constitution.
(3) Other public officers may be
transferred or seconded to the
Commission.
(4) The Commission may engage the
services of such experts and
consultants as it considers
necessary on the recommendations
of the Executive Director.
Section 15—Funds of the
Commission.
The funds of the Commission shall
include—
(a) money allocated to the
Commission from the Road Fund;
(b) appropriations made by
Parliament for the Commission;
(c) any loans granted to the
Commission;
(d) levies; and
(e) any monies accruing to the
Commission in the course of the
performance of its functions under
this Act or any enactment.
Section 16—Borrowing Powers and
Bank Account.
(1) Subject to the provisions on
loans in article 181 of the
Constitution the Commission may
obtain loans and other credit
facilities on the guarantee of
government from such bank and
institutions as the Minister in
consultation with the Minister for
Finance may determine.
(2) The Commission may open such
bank accounts as the Minister in
consultation with the Minister of
Finance and the Accountant-General
may determine.
Section 17—Levy on Compulsory
Insurance Premiums.
An insurer shall, on receipt of
any premium in respect of a motor
insurance policy, pay to the
Commission through the National
Insurance Commission such part of
the premium as may from time to
time be agreed upon by the
Commission, the National Insurance
Commission and the Ghana Insurers
Association.
Section 18—Budget Estimates.
The Commission shall prepare
budget estimates for each
financial year and present the
estimates to the Minister for
approval not later than three
months before the end of the
relevant financial year.
Section 19—Accounts and Audit.
(1) The Commission shall keep
books of account and proper
records in relation to them and
the account books and records of
the Commission shall be in a form
approved by the Auditor-General.
(2) The books of account of the
Commission shall be audited
annually by the Auditor-General or
an auditor appointed by him within
six months after the end of the
preceding financial year.
(3) The financial year of the
Commission shall be the same as
the financial year of the
Government.
Section 20—Annual Report.
(1) The chairman of the Commission
shall as soon as possible after
the expiration of each financial
year but within six months after
the end of the year, submit to the
Minister an annual report dealing
generally with the activities and
operations of the Commission
within that year which shall
include a copy of the audited
accounts of the Commission
together with the
Auditor-General’s report on it.
(2) The Minister shall within two
months after the receipt of the
annual report submit the report to
Parliament with such statement as
he considers necessary.
(3) The Commission shall also
submit to the Minister such other
reports as the Minister may in
writing request.
Section 21—Regulations.
The Minister may on the
commendations of the Commission
make regulations prescribing the
procedure for the conduct of
investigations and inquiries and
for the purpose of giving effect
to the provisions of this Act.
Section 22—Interpretation.
In this Act unless the context
otherwise requires—
“Commission” means the Commission
established under section 1 of
this Act; and
“Minister” means the Minister
responsible for Roads and
Transport.
Date of Gazette Notification: 30th
April, 1999.
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