–part of the government’s proposed plans to reduce road accidents
–public consultations to start soon on potential legislative measures

THE government, in a bid to reduce the number of road accidents caused by drunk driving, has signalled its intention to institute more punitive measures, according to the Attorney-General and Minister of Legal Affairs, Anil Nandlall, S.C.
Nandlall said, Cabinet, on Thursday, approved two draft bills, the Motor Vehicle and Road Traffic (Amendment) Bill 2022 and Intoxicating Liquor Licensing (Amendment) Bill 2022, which both aim to strengthen and expand existing legislation and impose more disciplinary measures against persons found in breach of these laws.
A release from the Ministry of Legal Affairs noted that if amended, the law could see drunk drivers being charged with “motor manslaughter,” being subjected to the permanent revocation of their driver’s licence and increased jail time, among other things.

The major changes to the Motor Vehicle and Road Traffic (Amendment) Bill 2022 seek to amend the Principal Act by inserting a new section, 35A, to provide for the offenses of motor manslaughter and causing grievous bodily harm when driving a motor vehicle under the influence of drink or a drug, which would carry a term of imprisonment of no less than 10 years.
The penalty where a driver under the influence has caused grievous bodily harm to another person will now carry a term of imprisonment of not less than five years.
Clause four of the Bill seeks to amend the Principal Act by inserting a new section, 38A, in the Act to provide for the temporary suspension of a licence, pending the determination of a charge.
If a person is charged for a second time, the court may order the suspension of the licence of that person. Where the person is charged a third time with the aforementioned offenses, the court shall order the suspension of their licence pending the determination of the charge.
Persons refusing to surrender their licence would be fined $100,000 or face imprisonment for three months.
Currently, the penalty is a fine ranging from $30,000 to $60,000 or imprisonment for 12 months, and in the case of a second or subsequent conviction, there is a fine ranging from $40,000 to $80,000 and imprisonment. The penalties are amended to reflect for a first conviction a fine not less than $200,000 and no less than $300,000 for a second or subsequent conviction.

BAR OWNERS
Under the Intoxicating Liquor Licensing (Amendment) Bill 2022, the government is looking to expand the duties placed on owners of bars and clubs by mandating to not sell, give or barter intoxicating liquor to a person he knows is likely to leave the premises by driving a motor vehicle unless a designated driver is identified.
Breach of these proposed amendments could see the licence holder being fined $100,000 for a first offense, and from $200,000-$500,000 for a second offense.
Further, where the licence holder knows that a drunken person is attempting to drive or is in charge of a motor vehicle, he shall inform the nearest police station and request their immediate assistance.
Moreover, a licence holder is also now required to conspicuously post signs and ensure that announcements are made, on the premises that discourage drinking and driving.
The amendments also places the duties of “not permitting” drunkenness on the premises of the establishment.
“The new subsection provides that a licence holder shall not permit any drunkenness on his premises nor sell, give or barter or allow another person to sell, give or barter intoxicating liquor to a drunken person within the premises,” the release stated.
The government intends to host public consultations with important national stakeholder organisations and interested members of the public on those proposed legislative measures.