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ISSUES OF ENFORCEMENT OF MOTOR VEHICLE INSURANCE POLICY: A ROAD SAFETY PERSPECTIVE A PRESENTATION BY OSITA CHIDOKA AT THE INSURANCE FUTURE SUMMIT, TRANSCORP HILTON HOTEL, ABUJA APRIL 7- 8, 2008 PREAMBLE Due to rapid Economic growth in the 70’s & 80’s, and lack of a Lead agency in Road Safety, Nigeria witnessed an Increase in Road Traffic accidents Federal Governmen t Intervention FRSC was established vide Cap 141 Laws of the federation as Amended by the FRSC Act 2007 FEDERAL ROAD SAFETY COMMISSION (FRSC) (1988-2008) ROAD TRAFFIC CRASHES IN NIGERIA ROAD CRASH RECORDS BETWEEN 1996-2006 (NIGERIA) FATAL SERIOUS MINOR TOTAL CASES NO. KILLED NO. INJURED TOTAL CASUALTY 1996 4790 6964 4688 16442 6364 15290 21654 DOWNWARD 1997 4800 7701 4987 17488 6500 10786 17286 DOWNWARD 1998 4757 7081 4300 16138 6538 17341 23879 UPWARD 1999 4621 6888 4356 15865 6795 17728 24523 UPWARD 2000 5287 6820 4499 16606 8473 20677 29150 UPWARD 2001 6966 8185 5379 20530 9946 23249 33195 DOWNWARD 2002 4029 7190 3325 14544 7407 22112 29519 DOWNWARD 2003 3910 7882 2572 14364 6452 18116 24568 DOWNWARD 2004 3275 6948 4051 14274 5351 16897 22248 DOWNWARD 2005 2299 4143 2620 9062 4519 15779 20298 DOWNWARD 2006 2600 5550 964 9114 4944 17390 22334 UPWARD 9132 4916 20944 25860 UPWARD YEAR 2007 KEY: UPWARD MOVEMENT OF ROAD CRASH . DOWNWARD OR UPWARD MOVEMENT OF CRASH SEVERITY DOWNWARD MOVEMENT OF ROAD CRASH Source: Nigeria Police/Federal Road Safety Commission- 2007 YEARLY COMPARISON OF FATAL, SERIOUS & TOTAL CASES OF CRASHES The 9132 2299 4143 2600 6948 There is a rise in crashes compared previous year 2006.This shows that there is need for intervention to check this upward trend 5550 2003 9114 2002 9062 14274 2001 3275 2000 7882 1999 3910 5287 6820 1998 7190 4621 6888 1997 4029 4757 7081 1996 6966 8185 4800 5000 4790 6964 10000 7701 15000 14364 14544 16606 15865 16138 17488 16442 20000 20530 25000 issues that gave rise to the high incidence of road carnage in 2001 are what we are determined to effectively tackle in the 4year Rolling plan under the Mass Transportation sector. For example, staff morale was so low in 2001, there was paucity of logistics, and corporate inertia owing to the then merger with the Police 2004 2005 2006 0 T0TAL CASES FATAL CASES 2007 SERIOUS CASES source: Nigeria Police /Federal Road Safety Commission 2007 SOME ALARMING FACTS • FERMA would need an estimated 70 billion Naira to rehabilitate 3,500km of road network annually under the Systematic Road Strengthing and Enhancement Programme (SRSE)……………Daily independent, Thursday February, 2008 • The Lagos-Ibadan-Ogbomosho-Ilorin-Jebba-Minna Expressway in Nigeria is ranked amongst the 23 most dangerous roads in the World by the Association for Safe International Road Travel, U.S.A. The road is described as a congested road with deep potholes and a median in disrepair that links northern and southern Nigeria. • There are an estimated 15 million drivers in Nigeria, however license production by FRSC till date stands at an estimated 3,686,303…………………. Department of Motor Vehicle Administration (FRSC, October, 2007) ROAD TRAFFIC CRASHES (RTCs): THE SOCIO-ECONOMIC COST • It is estimated that developing countries currently loose an estimated $100 billion every year from Road Traffic Crashes, twice as much as its total development assistance ……….(The World Bank Group, www.worldbank.org/transport/roads/safety.htm, Accessed 4th Feb, 2008) • An estimated 50 million people are injured and 1.2 million die every year from Road Traffic Crashes….(RTA: Emerging Epidemic, Indian Journal of Neorotrauma, Vol. 3. No.1, 2006) • Road traffic Death to increase by 80% in developing countries by 2020 if adequate measures are not taken ……….(WHO, World Health Day report, April 2004) THE INSURANCE INDUSTRY IN NIGERIA WHAT IS THE VEHICLE INSURANCE POLICY • ‘NO PERSON SHALL USE OR CAUSE OR PERMIT ANY OTHER PERSON TO USE A MOTOR VEHICLE ON A ROAD UNLESS A LIABILITY WHICH HE MAY THEREBY INCUR IN RESPECT OF DAMAGE TO THE PROPERTY OF THIRD PARTIES IS ISSUED WITH AN INSURER UNDER THIS ACT.’ Section 68 (1) of the INSURANCE ACT 2003 ACT No.1. • THE ABOVE ‘…SHALL COVER LIABILITY OF NOT LESS THAN N1MILLION)’. Section 68 (2). • THE ABOVE ‘…SHALL BE IN ADDITION TO THE LIABILITIES REQUIRED TO BE INSURED UNDER THE MOTOR VEHICLE (THIRD PARTY) INSURANCE ACT 1950…’ Section 68 (3). • ‘A PERSON WHO CONTRAVENES THE PROVISIONS OF THE SECTION COMMITS AN OFFENCE AND LIABLE ON CONVICTION TO A FINE OF N250,000 OR IMPRISONMENT FOR 1YEAR OR BOTH’. Section 68 (4). COMPLIANCE LEVEL OF MOTOR VEHICLE INSURANCE POLICY • MOST DRIVERS DRIVE WITHOUT INSURANCE PAPERS AND DO NOT PATRONISE INSURERS • MOST PEOPLE DO NOT HAVE CONFIDENCE IN INSURANCE CLAIMS • SOME DRIVERS DRIVE WITH EXPIRED INSURANCE PAPERS • MOST DRIVERS USE TOUTS TO OBTAIN FAKE/FORGED INSURANCE DOCUMENTS • COMPLIANCE IS AT A LEVEL OF NEAR NON-COMPLIANCE LEVELS OF COMPLIANCE WITH MANDATORY THIRD PARTY VEHICLE INSURANCE COUNTRY COMPLIANCE 1. Costa Rica 84% 2. UK 90-95% 3. Ghana 70% 4. Pakistan 3-5% 5. Nigeria ? Source: GRSP Focus, Motor Vehicle insurers & Road Safety, 2003 LOW PUBLIC CONFIDENCE IN POLICY ‘The Insurance Companies, according to former President Olusegun Obasanjo smile at you when you come to pick up a Policy and frown at you when you come to make a claim. Charlatans , knowing fully well that nobody comes for claims came with fake Insurance Companies only for one purpose- to give people paper to get pass the Police at check points. The system is so chaotic that even the Insurance Companies are finding it difficult to identify their own Policy Certificates while the Law Enforcement Agencies are completely incapacitated in that regard’.-04 November, 2007 11:00:00 BETHEL OBIOMA PICK A POLICY WITH US AS WE LOVE YOU TOO MUCH THIS IS TOO GOOD TO BE TRUE!!! MOTOR VEHICLE INSURANCE POLICY AN ACCIDENT OCCURS GIVE ME THE CLAIM YOU PROMISE D MOTOR VEHICLE INSURANCE POLICY WHAT CLAIM? YOU ARE NOT ENTITLED TO ANY PICTORIAL OF ROAD CRASHES A ROAD CRASH INVOLVING A CAR ALONG BODE SAADU ROAD A FIRE ROAD CRASH ALONG BODE SAADU ROAD INVOLVING AN OVERLOADED BUS ALL OCCUPANTS WERE TRAPPED AND BURNT ALIVE A ROAD CRASH INVOLVING A BUS THAT ROLLED OVER ROAD CRASH PICTURES THE WAY FORWARD SOME INITIAL CHALLENGES OF FRSC DATABASE • The FRSC Database was last updated in 2003 . • Corrupted Data • There was no link between vehicle information and their registered keepers. • The FRSC vehicle license production stands at 8million number plates. • However, only an estimated 0.3m records of registration have been captured in the database due to non return of form MVA01 by the various State Boards of Internal Revenue NEW DEVELOPMENTS (FRSC DATABASE) • A Consulting firm has been engaged to review and reengineer the Vehicle License process. • The process of overhauling the National Drivers License Scheme is in progress. • Such processes will ensure that Motor Vehicle licenses would only be issued upon presentation of valid insurance policies (minimum third party). • The Drivers License database has been cleaned and updated with 2.4 million records. • Online verification of Drivers License will commence soon to deal with the issue of fake/multiple drivers license • 12 VSATs installed in the Zonal Commands and another 85 to be deployed in all the License processing centers/Sector Commands FRSC DATABASE VEHICLE INSURANCE INFO To determine insurance premium OFFENDERS REGISTRY VEHICLE LICENSE INFORMATION FRSC DATA BASE The FRSC Data base is already Host to information of estimated 2.4 million drivers PERSONAL INFORMATION DRIVERS LICENSES INFORMATION HOW DO WE IMPROVE THE NIGERIA SITUATION ? THE INSURANCE INDUSTRY: To partner with the FRSC in the following area’s: • • • • • IN UTILIZING & FUNDING THE FRSC DATA BANK LICENSING SCHEME PROVISION OF PATROL EQUIPMENTS JOINT ENLIGHTENMENT CAMPAIGNS SUPPORT /SPONSOR THE PROVISION OF ‘ROAD SAFETY FUND’ IN THE INSURANCE ACT TO PROMOTE INDIVIDUAL PASSENGER INSURANCE BY COMMERCIAL TRANSPORT COMPANIES GOVERNMENT: TO ENACT A NEW INSURANCE ACT AND PROVIDE FOR THE ‘ROAD SAFETY FUND’ SIMILAR TO THE ‘FIRE SERVICES MAINTENANCE FUND’ IN SECTION 65(4) OF THE 2003 INSURANCE ACT. “SAFER ROADS, FEWER CLAIMS” HOW CAN FRSC ENFORCE VEHICLE INSURANCE POLICY ? CREATING AN ENABLING ENVIRONMENT FOR THE INSURANCE INDUSTRY: OUR MISSION FIGHT PIRACY THROUGH ICT SYSTEMS: – Build a robust and enhanced Database for the ULS that shall synchronize insurance policy information. – The FRSC already has an information database of more than 2.6 million drivers – The Data base shall host records of all licensed drivers and vehicle – Offenders register that shall capture: – Driving history records (Crash & violation records) – Drug & Alcohol records OPTIMIZE ENFORCEMENT: – Ensuring that registered/re-registered vehicles are insured and are “Road worthy”. – Enforce both driver and vehicle insurance. “TO RESTORE THE INTEGRITY OF THE NIGERIAN DRIVERS” LICENSE ROAD SAFETY FUND A CASE FOR A ROAD SAFETY FUND AS PREMIUM % THE CURRENT INSURANCE ACT: – ‘EVERY PUBLIC BUILDING SHALL BE INSURED WITH A REGISTERED INSURER AGAINST THE HAZARDS OF COLLAPSE, FIRE…’ Section 65 (1). – ‘0.25 % OF THE NET PREMIUM RECEIVED BY EVERY DIRECT INSURER ….SHALL BE PAID QUARTERLY BY EVERY INSURER INTO A FIRE SERVICES MAINTENANCE FUND… FOR THE PURPOSE OF PROVIDING GRANT OR EQUIPMENT TO INSTITUTIONS ENGAGED IN FIRE FIGHTING SERVICES’ Section 65 (4). THE PROPOSED ROAD SAFETY FUND: – THE PERCENTAGE OF INSURANCE LEVIES DEDICATED TO ROAD SAFETY SHALL BE DEDICATED TO ACCIDENT PREVENTION MEASURES, ROAD SAFETY EQUIPMENT, ICT TECHONLOGIES TO SUPPORT ROAD SAFETY FRONT-END OPERATIONS, RESCUE OPERATIONS & ROAD FURNITURE. WORLD BEST PRACTICES The province of Quebec, CANADA uses insurance premiums from motor vehicle insurance to fund road safety activities, like education on road safety and public enlightenment. The GHANA National Road Safety Commission ACT, 1999 provides that a levy on mandatory third party insurance is dedicated to Road Safety infrastructure. FINLAND, is the pioneer country to enforce the use of insurance levies to support road safety activities for over 40 years. It has been reported to raise $8million per year for education & publicity campaigns on Road Safety. In ZAMBIA, there is a proposal to apply a 10% levy on (compulsory) third party insurance which is estimated to amount to about $1million per annum Source: Wetteland, T & S. Lundebye (1997) In the state of Victoria, AUSTRALIA insurance levies dedicated to Road Safety were intially 3% of premium, which was later increased to 10%. WHO BENEFITS FROM FRSC EFFICIENCY ? • THE NATION- REDUCED ACCIDENTS, REDUCED CAR THEFT (SECURITY), A BETTER IMAGE TO INVESTORS • INSURERS- MORE DRIVERS NOW INSURE THEIR VEHICLES (LARGER CUSTOMER BASE), MORE MONEY, FEWER CLAIMS FROM THE INSURED AS A RESULT OF ACCIDENTS AND CAR THEFT REDUCTION • ROAD USERS- CONFIDENCE IN INSURANCE COMPANIES WHILE FEWER PEOPLE INVOLVED IN ACCIDENTS AND GREATER PEACE OF MIND. • DRIVERS/OWNERS- CONFIDENCE, SAFER ROAD, FULLER LIVES AND FEWER THEFT CASES THANK YOU FOR LISTENING