– among other changes to Motor Vehicles and Road Traffic Act

THE National Assembly yesterday unanimously passed the Motor Vehicles and Road Traffic (Amendment) Bill 2014 which, among other provisions, pioneers the implementation of a demerit system as a means of sanctioning errant road users and improving road safety.

The Bill is intended to amend the Motor Vehicles and Road Traffic Act with seven changes that address issues such as the definition of owner and the creation of an offence where the registered owner of a motor vehicle that has been lost or stolen fails to make a report to a police station within seven days from the loss or theft.
Members of Parliament (MPs) lauded the provisions of the new legislation, more so the benefits of the demerit system.
Attorney-General and Minister of Legal Affairs, Anil Nandlall, who tabled the Bill in the House in February, told MPs yesterday that the new system, as a sanction system, is employed in many countries across the world and is a system that has been met with much success.
He underscored the need of the new system, particularly considering the high incidents of vehicular accidents, which result in hundreds of fatalities.
“I don’t think that anyone can seriously dispute this. The carnage takes place with alarming frequency,” Nandlall said.
He added that the new system is part of Government’s focus on improving public safety, of which road safety is an important component.
The AG explained that the new system applies to a number of offences, to which points are applied based on the commensurate magnitude and gravity of the offence and include appropriate sanctions, such as the suspension of drivers’ licences for as many as 12 months.

FAIRNESS AND JUSTICE
Additionally, he noted that the new legislation includes provisions that cater to the principles of fairness and access to justice, whereby a driver could write to the licensing authority to seek redress, and if that process fails, there is the option of making an appeal at the level of the High Court. In event of the latter, the demerit system would not apply unless the conviction is upheld.
A Partnership for National Unity (APNU) MP, Winston Felix, in his contribution to the debate on the Bill, commended the demerit system, but called for the implementation of a system for remedial training for drivers, which is paid for by the errant road users, to ensure the period during which the licences are suspended is used to effect change.
“We are aiming as a nation to save our people from carnage on the road…I commend this Bill, but training (has) to be instituted,” he said.
This recommendation was taken on board by the AG, who added that as a matter of policy, it could be implemented.
Leader of the Alliance for Change (AFC), Khemraj Ramjattan, in offering his party’s support for the Bill, also made a call on Nandlall. He underscored the need for the scope for change to be recognised and addressed by further amendments.
“We are going to see that the existing law will have difficulties to address future change,” Ramjattan said.
Nandlall accepted this point and acknowledged that as circumstances change, legislation must correspond, as it has been doing, given that law making is a continuous process.
He also welcomed the comments and support from his colleague MPs.
“It (the Amendment Bill) addresses broad and fundamental issues…the Bill addresses the resultant issues arising in relation to lacuna in the principal Act,” he concluded.
Also speaking during yesterday’s debate were APNU frontbencher Basil Williams and Government MP Dharamkumar Seeraj.
After the debate, the Bill was considered by the Parliamentary Committee of the Whole and the amendments were accepted before being passed by the National Assembly.

(By Vanessa Narine )