Moves to decriminalise certain offences

The bill in intended to introduce a system of traffic violations for certain breaches of the Act, to provide for the implementation of a red-light camera system, to introduce a demerit points system and a reform of the fixed penalty system and related matters. Together, Al Rawi said, these measures aim to reduce the backlog of cases in the magistracy and free it up to deal with case management and trials of more serious cases than ticketing offences.

The decriminalisation is not proposed for the serious offences such as causing death by dangerous driving, he said. The bill proposes 49 clauses and one schedule. Al Rawi said, it seeks to repeal the enforcement aspect of the Act. In the speeches of successive chief justices of the local judiciary, Al Rawi said, they have called for ridding the court of the multitude of ticket cases that clogs the courts but nothing has been done.

Chief Justice Ivor Archie in 2008, he said, has spoken consistently about it. The judiciary in its annual reports between 2011 and 2015, he said, showed that an average of 120,000 traffic matters alone were dealt with between 2011 and to 2015 for traffic matters.

They generated $171 million in revenue for the State. The compliance rate was 36 percent, which meant, he said, that 64 percent of matters that came to court occupied judicial time for nothing.

Between August 2010 - to July 2016, he said that 67,926 cases are outstanding with some of the matters being 11 years. Revenue generated for the period was $250 million. In terms of the demerit points system, which will see drivers losing points for infringements and reform of the fixed penalty system, Al Rawi said the new proposals will see better use of technology in the issuance of tickets, increase in revenue, better use of manpower and the elimination of fraud.

Though Al Rawi was upbeat about the provisions of the bill which he did not elaborate on, Opposition UNC Senator Wade Mark and Independent Senator Dhanayshar Mahabir said there were too contradictions, inconsistencies and unreasonableness in it. They questioned some of the high fines with Mark describing the bill as an “income generating bill.” Mark called on Government to send the bill to a Joint Select Committee and to consult with stakeholders for their opinions and recommendations.

On the other hand Mahabir said Government needs to “thoroughly review” the bill and present a cleaner bill to the Parliament.

Among Mahabir’s many concerns were “too many inconsistencies” in the demerits and penalties proposed.

For instance, he said, the fine for not wearing a seat belt is $1,000 and four demerit points while a motor cyclist who is more likely to die without a helmet in an accident is fined $450 for not wearing a helmet with two demerit points.

“I can’t see the logic in that,” he said. Instead of giving demerits to private cars for “making a hustle” and fining them, he suggested that TT do as other jurisdictions are doing and look at Uber and regulate it. “It is more dangerous making a hustle,” he said.