2 weeks to pay 2020 traffic fines

THE Transport Division of the Ministry of Works and Transport has given some recipients of traffic tickets up to eight months of “blighs.”

But these drivers now have until January 28 or they will face further penalties.

The ministry issued a public notice in the newspaper on Thursday, advising those who received fixed-penalty notices between May and August, 2020, to “urgently contact the Traffic Enforcement Centre Unit of the Transport Division.”

It also urged the public to check the division’s website to see if their names are on the list.

It said, “Persons are required to make contact with the Traffic Enforcement Centre Unit no later than January 28, 2021 to avoid action being taken in accordance with Section 88A of the Motor Vehicles and Road Traffic Act, Chapter 48:50.”

Upon being issued the ticket, drivers have 15 days to contest the decision in court and 30 days to pay the fine. After 30 days, the fine increases by 25 per cent and after 45 days, it increases by 50 per cent of the original fine.

Section 88A of the act says, “Where a fixed penalty notice was issued or affixed and the driver or owner, as the case may be, does not pay the fixed penalty and does not file a notice to contest, in accordance with this act…the applicable number of demerit points for the traffic violation shall be recorded against his driving permit record.

“Where the driver or owner fails to pay the required sums in accordance with this section, the Licensing Authority may suspend the driving permit of the driver or owner, or cease all transactions in relation to the motor vehicle which was involved in the commission of the traffic violation or with the driver or owner.”

On January 1, the Judiciary extended the waiver of the payment of traffic tickets issued before May, 2020.

It also waived the collection of fines and suspended all service and commissioner of affidavit fees.

Initially, these payments were to be settled within six months from their original dates by paying a discounted 50 per cent of the penalty.

The deadline for those people is now March 26.

Co-ordinator of the Traffic Enforcement Centre Adrian Winter told Newsday one consistent challenge the division encounters is when people change addresses without notifying the centre.

“In a lot of instances, we have correspondences going to addresses and then the person could not have been located.

“In those instances, the law provides us with the option to put a public notice out there to find these persons.”

He said the division had been giving some leniency because of the covid19 pandemic, but now it has been too long.

“We consider this public notice our intent to impose sanctions and we are giving people the opportunity to communicate with us and tell us why they have not paid yet.”

In December, the ministry won the Inter-American Development Bank (IDB) President's Award for innovation in the public sector.

Its entry was the software management system to support the implementation of the Demerit Points System, and a red-light and spot-speed camera enforcement system.

In December, it was revealed that 68 people had been disqualified from driving since the implementation of the system in May last year.

Transport Commissioner Clive Clarke told Newsday recently, it wasn't about the money.

He had said, "We are concerned about changing behaviours."

On its website, the ministry said the reason for this system is greatly, in part, because of "court lists saturated with traffic cases that continue to clog the system."

But ironically, the system itself has ended up in court.

Instead of solely challenging the ticket, driver Zachary De Silva of Arouca is legally challenging the entire Demerit Points System.

His driver's permit was suspended for six months after he allegedly received ten demerit points in total.

In May 2020, he got a ticket for driving with a cell phone. He received two more in July and September for breaching a traffic sign and because his front-seat passenger was not wearing a seatbelt.

De Silva paid the penalties assuming he would not get any demerit points.

He said he was told that he had ten demerit points. He was warned his permit may be suspended and was invited to respond. He did so within the statutory period under the legislation but his permit was still suspended.

At a virtual court hearing last Wednesday, Justice Frank Seepersad said there seemed to be a lack of "legislative clarity" in the amendment to the Motor Vehicles and Road Traffic Act "on the process to be engaged when challenging a disqualification or suspension."

He had said it was difficult to believe Parliament intended to have the Supreme Court review all the decisions of the transport commissioner to disqualify or suspend a driver.

Seepersad also directed that Attorney General Faris Al-Rawi be joined in the matter.

“There is a need to have clarity on the way forward on how the legislative intent is to unfold on the issue of forum and process,” he said.

The matter was adjourned to Wednesday next week.

The attorney representing De Silva is Devvon Williams who has since described the matter as being "harsh, oppressive and disproportionate."