ATTORNEY GENERAL and Minister of Legal Affairs, Anil Nandlall, SC, has reiterated his stance that police officers should not detain motorists or their vehicles where a traffic ticket can adequately address an alleged offence, and warned that drivers who fail to pay tickets will face consequences under new measures targeting outstanding payments.
Speaking on Tuesday evening on Issues in the News, Nandlall said he continues to receive complaints from members of the public about police officers detaining persons and vehicles for traffic offences that should see tickets being issued instead.
He appealed to the commissioner of police and members of the Guyana Police Force (GPF), particularly the traffic chief, to ensure that officers follow the appropriate procedures when dealing with ticketeable offences, while highlighting that measures are likely to be introduced that will prevent drivers with outstanding tickets from having their road licences and certificates of fitness renewed at the Guyana Revenue Authority (GRA).
Appealing to both law enforcement and the public, the attorney general stressed that his position on unlawful detention remains unchanged, noting that in cases and for offences where a ticket will suffice, law enforcement should issue tickets rather than detain persons.
Moreover, he also acknowledged concerns about the growing number of unpaid traffic tickets.
He noted, “I continue to receive complaints from members of the public about the police continuing to not issue tickets for ticketable offences and continuing to detain persons and vehicles in circumstances where that ought not to happen and the issuance of a ticket should occur,” he said.
“Again, I appeal to the commissioner and members of the Guyana Police Force, in particular the traffic chief, to instruct your officers not to detain persons where a traffic ticket can be issued for some alleged offence,” the attorney general said.
Nandlall further urged the police to avoid detaining vehicles where issuing a ticket would be enough, noting that this would be seen as an unlawful act and could see legal consequences. In efforts to better tackle the topic, he said the government is considering broadening the range of offences that can be dealt with through tickets.
This move, he noted, is aimed at reducing opportunities for improper or unjust detention by law-enforcement officers.
“In fact, today I had a conversation with the traffic chief about expanding the category of offences that can be covered by tickets, so that you have less opportunity and occasions for the police to act unlawfully and detain persons and their vehicles,” the attorney general said.
He cautioned that officers who unlawfully detain motorists or their vehicles could be held accountable through criminal and civil proceedings, noting that the issue is not simply one of police procedure but also of compliance with the law.
Nandlall added, “I have said already, a police officer unlawfully detaining a person and/or his vehicle commits both a criminal offence, as well as a civil wrong and is liable to be sued and charged. And we may have to move in that direction shortly.”
However, the attorney general also pointed to what he described as a serious problem with motorists failing to pay tickets issued by the police.
He argued that the public must comply with the law if ticketing is to serve as an alternative to detention.
According to figures provided to him by the traffic chief, the GPF has issued 88,332 tickets for the year so far, with only 49,326 having been paid, leaving more than 39,000 outstanding.
The figures highlight that approximately 56 per cent of tickets issued have been paid, while about 44 per cent remain unpaid.
Nandlall said motorists could not reasonably expect police officers to issue tickets instead of detaining them and then disregard the tickets once they have been issued.
He stated, “Now, you cannot want the police not to detain you, but instead issue to you tickets for ticketable offences and when the tickets are issued you do not pay them. That is a serious state of affairs. The laws of this country must be obeyed.”
To address the backlog, Nandlall announced that measures would be introduced to prevent vehicles with outstanding tickets from having their road licences and certificates of fitness renewed at the Guyana Revenue Authority (GRA).
The proposed arrangement would also affect the renewal of drivers’ licences for persons named on the tickets, ensuring swift and direct consequences for motorists who fail to pay their outstanding traffic tickets.
As the attorney general explained, “Now this situation will be addressed. The issue of unpaid tickets will be addressed by appropriate measures being put in place that will prevent the vehicles for which these tickets are issued from having their road licences and fitnesses renewed at the Guyana Revenue Authority.”
He added: “Any vehicle that has outstanding tickets, that vehicle’s road licence or revenue licence and certificate of fitness will not be renewed. And any person who is named on the ticket, that person’s driver’s licence will not be renewed. So unpaid tickets will not go without consequences.”