Motor Vehicle and Road Traffic Amendment Bill introduces demerit system for drivers

Georgetown : The combined parliamentary opposition supported the Government last evening to pass the Motor Vehicle Road Traffic Amendment Bill that was presented to the House by Attorney General, and Minister of Legal Affairs Anil Nandlall. The bill seeks to introduce a demerit point system for traffic offences; a measure which the Attorney General said was long overdue.

Minister Nandlall pointed out that in addition to the punishment for the offence, the demerit points, if sufficient, can qualify a person to have his or her driver’s licence suspended. The National Assembly was told that the points will be recorded on the driver’s licence and when it reaches a certain level, it can also see disqualification for a period or permanently depending on how many demerit points that person has. “The bill also seeks to correct certain lacuna in our statutory framework while it introduces a proven mechanism that is the demerit point system”.

The second fundamental issue which this bill seeks to address has to do with the difficulties encountered in criminal liability where the vehicle is registered to one person and is used by another to engage in a criminal offence.

“I have no doubt that members of the House are aware of the multiplicity of stories published regarding crimes committed using a vehicle which is subsequently abandoned and investigations disclose that the vehicle is registered to a particular person, but has been used by another.”

These incidents, Minster Nandlall said put investigators in a difficult state, proceeding forward. “Most times, the name of the person on the registration really has parted use and possession of the vehicle for some time prior to the act… as a result of the technicality many investigations have come to an abrupt end and many who would have attracted liability would have escaped.”

He further explained that the bill seeks to address that issue and attendant and resultant issues that arise out of that lacuna in the current act.

“To appreciate the nature of the amendment perhaps it is important that I read the current definition of owner as contained in the act; owner is defined in section 2 of the Act. Owner means the person in whose name a motor vehicle is registered, and in the absence of the registered owner, the person in charge or in possession, so this definition of owner is a fictional one in law and has been inserted a very long time ago.”

All the amendment does, he said, in terms of expanding the definition, is to include two other categories.

Clause 3 of the bill also provides for when there is a change of possession by any of the instruments. Then, the certificate of registration must be transferred to reflect such a change within seven days.

Meanwhile APNU Member of Parliament Basil Williams in signalling his party’s support for the bill, said, “The situation is that the bill has two aspects, the demerit system…one must compliment this bill.” Williams pointed out that the bill comes on the heels of high statistics of road fatalities.

“An average of nine deaths each month…the demerit system is another mechanism to curb the carnage on our roads; it is in this context we welcome the bill.”

Alliance For Change Member Khemraj Ramjattan also indicated his party’s support for the bill.

“As we grow as a nation and activities become more complex, we are going to see the existing laws have difficulty capturing which in the previous time the law would have captured.”

Ramjattan however, noted the need for the modernisation and refinement of laws which will seek to take care of that which was unforeseen in the early 50s.

APNU Member Winston Felix however, suggested that as it relates to the point demerit system, during the period of suspension, consideration should be given for remedial training for the errant drivers.

“This mechanism which I am supporting today, within that period, government should be looking for methods of training which are relatively cheap. The training could be police based or private sector, but at the end of the day, errant drivers at their own expense pay for the cost of remedial training.”