Slow down

With the roll-out of the new Road Traffic Act (RTA) hitting several bumps, attorney-at-law Gavin Goffe has urged the Government not to unfairly punish motorists with fines, especially since the Island Traffic Authority (ITA), the main body responsible for the regulations, is not prepared to meet some of the demands outlined in the act.

Primarily, Goffe said that the Government should give direct instruction to the police as opposed to allowing them discretion when treating aspects of the new law that are either under review or to be implemented in phases.

His statement followed reports that employees of at least one driving school were being harassed by cops; and also after Prime Minister Andrew Holness last week told critics of the child restraint system provision (Section 73) to move on as the Government had heard and acted on their cries.

The law now makes it mandatory for driving instructors to be licensed and driving schools to be registered with the ITA. Breaching the law could attract a fine of up to $100,000.

Goffe argued last week that the major problem with this and other road safety infractions – such as demerit points, suspension of a driver’s licences and remedial driving classes for some breaches – is that the ITA does not yet have the mechanisms in place to enforce these. This while cops have been enforcing the law on the ground.

“I don’t understand how the law came in on February 1 and the Island Traffic Authority, which is the main body responsible under the act, is not yet operational,” charged the attorney, who is head of the Litigation Department at the Myers, Fletcher & Gordon.

Goffe, who specialises in employment law, public law and tax matters, hosted a social media forum on the issue last week.

“There are so many responsibilities where road safety is concerned that the Island Traffic Authority is responsible for. To bring the act into force without having the Island Traffic Authority operational was irresponsible,” he charged. “Yes, you can issue the tickets and collect the revenue, but the road safety aspect of it, of which the ITA is an integral part, is still not operational.

“So you create a requirement for certification from a body that is not yet in the position to certify, and, therefore, an entire industry is operating contrary to the law,” he said. “That, in itself, suggests that we are only here collecting money and for no good reason.”

He reasoned that it could take months or even years to implement aspects of the law involving the ITA.

“So, again, we are issuing the tickets. The points are going to be accumulated, but this whole section which requires suspension of licence or requires drivers (with speeding ticket) to do the test goes through a body which is not operational. That doesn’t make any sense,” he said.

The Government has appealed to the police to use their discretion in penalising motorists for some aspects of the law which appear problematic, but Goffe said this is not sufficient.

“It is better that you take proactive measures as Parliament to pass laws to say ‘we are suspending the operation of this provision or we are revoking it’,” he said, arguing that uncertainty equals unfairness. “I think those should be done now, even while they are having those discussions.”

He was referring to Section 30 of the RTA, which includes some provisions for renewal, suspension and revocation of permits or driver’s licences.

Trescott Buchanan, operator of Keys Driving School in St Andrew, told The Sunday Gleaner last week that some of his driving instructors were stopped more than a dozen times by the police during the first week of the traffic law roll-out.

“One instructor told me he was stopped 20 times in one day, and another stopped about 13 times. So on the ground, it is causing a little chaos and confusion,” explained Buchanan. “This particular part of the act has implications for not only the drivers, but the students as well.

“Even though the transport minister is saying that he is giving us more time for full implementation, all stakeholders don’t seem to be on the same level of appreciating that statement,” he posited, fearing that the uncertainty could breed corruption.

In the meantime, motorists, particularly taxi operators, have been ruing the increased traffic fines for some offences, including speeding.

Goffe, however, said he shares some of the concerns, but for different reasons.

“I don’t think it is fair that I should be paying the same amount of fines as some of these bus and taxi drivers, because they are making money from the bad driving and I am not. I think the fines should actually be higher for some of these public passenger vehicle operators,” he committed, adding that public transport operators have more lives in their hands daily.

“That is not to say that I don’t understand where the complaint comes from that the Government seems to be more concerned about revenue collection than instead of road safety,” he added.

corey.robinson@gleanerjm.com