Responses to Information Requests

Research Directorate, Immigration and Refugee Board of Canada, Ottawa

1. Domestic and International Regulations

The National Traffic Regulations, 2012 of Nigeria stipulate the following regarding "[d]ocuments for drivers going outside Nigeria":

76. -

1. The [Federal Road Safety] Commission may issue for use outside Nigeria and upon the payment of the prescribed fees, an International Driver’s Licence and Driving Permit in the form laid down in the 1968 [Vienna] Convention on Road Traffic, to a person who has attained the age of 18 years and satisfies the authority that -
   
   1. he is competent to drive a motor vehicle of the class for which the permit is to be issued ; and
   2. he is not disqualified under any of the provisions of the [Federal Road Safety Commission (Establishment) Act, 2007] or any other law from driving any motor vehicle of that description.
2. The appropriate authority may require an applicant for an International Driving Permit to present himself for examination by an officer appointed by the appropriate authority to ascertain his competence to drive a motor vehicle of the relevant class.
3. Where a Court makes an Order disqualifying a person from holding a driving licence under the provisions of these Regulations or any law, the court may also order that the International Driving Permit held by that person, where he holds one, be cancelled and surrendered to the appropriate authority.
4. The appropriate authority shall keep a register of all permits issued under this regulation and record all issuance and cancellation of such permits.
5. An International Driving Permit shall not be transferable and any person in contravention of this provision commits an offence and shall be liable on conviction to a fine of N10,000:00 [approximately C$36] or a term of 1 year imprisonment or to both. (Nigeria 2012, Sec. 76)

The 1968 Vienna Convention on Road Traffic was amended in 2006 with new provisions applicable from 29 March 2011 (UN 1968, Art. 41). Paragraph 3 of Article 41 of the amended Convention stipulates the following:

3. Domestic legislation may limit the period of validity of a domestic driving permit. The period of validity of an international permit shall be either no more than three years after the date of issue or until the date of expiry of the domestic driving permit, whichever is earlier. (UN 1968, Art. 41, para. 3)

Paragraph 5 of Article 41 of the Convention specifies the following:

5. An international permit shall be issued only to the holder of a domestic permit for the issue of which the minimum conditions laid down in this Convention have been fulfilled. An international driving permit shall only be issued by the Contracting Party in whose territory the holder has his normal residence and which issued the domestic driving permit or which recognized the driving permit issued by another Contracting Party; it shall not be valid for use in that territory. (UN 1968, Art. 41, para. 5)

Paragraph 2 of Article 43 of the Convention adds the following regarding transitional provisions for its amendments:

2. Contracting Parties shall issue international driving permits in accordance with the new provisions of Annex 7 at the latest five years after their entry into force. International driving permits issued in accordance with the earlier provisions of Article 41, Article 43 and Annex 7 to this Convention prior to the expiry of this period shall be valid according to the conditions defined in Article 41, paragraph 3. (UN 1968, Art. 43, para. 2)

Annex 7 of the Vienna Convention on Road Traffic, as amended in 2006, is attached to this Response.

2. Requirements and Procedures to Obtain an International Driving Permit

Information on the requirements and procedures to obtain an International Driving Permit in Nigeria was scarce among the sources consulted by the Research Directorate within the time constraints of this Response.

The information in the following paragraph was provided by an article on obtaining an International Driving Permit by the Nigerian news site Legit.ng:

An International Driving Permit is valid from one to three years, depending on the fee paid. It is necessary to first obtain a Nigerian driver's license before applying for an International Driving Permit. An application form must be obtained from the "Central Motor Registry" and the form and an "application letter" must be provided and fees paid. The "permit is processed when documents are verified and [the] application is received"; the permit will then "be sent to the Interpol office at the Nigerian Police Force," after which the requestor will receive the International Driving Permit (Legit.ng 16 May 2018).

Further and corroborating information could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.

3. Appearance and Security Features of the International Driving Permit

The attached Annex 7 of the 1968 Vienna Convention on Road Traffic, as amended in 2006, stipulates the format of International Driving Permits and provides model pages applicable from 29 March 2011, as well as model pages which were previously applicable until 28 March 2011 (UN 1968, Annex 7).

Information on security features of the International Driving Permit could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.

4. Prevalence of Fraudulent International Driving Permits

Information on the prevalence of fraudulent International Driving Permits could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.

For information on the prevalence of fraudulent documents in Nigeria, see Response to Information Request NGA106159 of August 2018.

This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim for refugee protection. Please find below the list of sources consulted in researching this Information Request.

References

Nigeria. 2012. Federal Road Safety Commission. National Road Traffic Regulations, 2012. [Accessed 10 Oct. 2018]

Legit.ng. 16 May 2018. Francis Bolaji. "How to Obtain International Driver's License in Nigeria." [Accessed 10 Oct. 2018]

United Nations (UN). 1968 (amended 2006). United Nations Economic Commission for Europe (UNECE). Part I: Convention on Road Traffic Done at Vienna on 8 November 1968 (Consolidated Version). [Accessed 15 Oct. 2018]

Additional Sources Consulted

Oral sources: Abuja – Directorate of Road Traffic Service; Automobile and Touring Club of Nigeria; Lagos State Government – Motor Vehicle Administration Agency; Nigeria – Federal Road Safety Commission, Federal Road Safety Corps, High Commission in Ottawa; Nigeria Police Force Notary Public and Barrister-at-Law in Lagos; Police Biometric Central Motor Registry; Nigeria Police Force.

Internet sites, including: AllAfrica; Daily Post (Nigeria); ecoi.net; EU – Public Register of Authentic Travel and Identity Documents Online; Factiva; Keesing Reference Systems; INTERPOL; LawNigeria.com; Lawyard; Leadership; The Nation; NATLEX; Nigeria – Federal Ministry of Transportation; Nigerian Bar Association; Techpoint.africa; This Day; UN – Refworld; US – Department of State; Vanguard.

Attachment

United Nations (UN). 1968 (amended 2006). United Nations Economic Commission for Europe (UNECE). Annex 7 of the Vienna Convention on Road Traffic (Consolidated Version). [Accessed 15 Oct. 2018]