The first public discussion on the new legislation, which outlaws the use of cellular phones by motorists while driving on the island’s public roads, and makes the use of seat belts mandatory, should have already taken place. It was planned for last week at the Teachers’ Resource Centre, but had to be postponed due to insufficient publicity and poor attendance.

Inspector Marva Brooks

The legislation was put together by a committee which included former Commissioner of Police, Keithly Benjamin, who has now been succeeded by Commissioner Rudolph Proctor; Inspector Marva Brooks; Kellie Bailey of the Attorney General’s Chambers; Geachel Richardson, Comptroller of Inland Revenue; and Bankcroft Battick and Nigel Connor of the Department of Infrastructure and Communications.

Inspector Brooks told The Anguillian that another public meeting to discuss the draft Vehicle and Road Traffic (Amendment Bill) 2010 would be arranged in the near future. It has already been to Executive Council, was referred to the Bar Association and has been gazetted.

The Inspector, who has responsibility for the Traffic Department, and operational matters, including beat and patrol, has six Sergeants and over thirty Constables under her command. Sherecently appointed to her present post. She outlined a number of the new provisions of the Bill, to The Anguillian, not only regarding the use of cellular phones and seat belts, but various other regulations which were not in the Principal Act.

The Bill forbids persons from driving a motor vehicle while using a hand-held mobile telephone or other specified hand-held devices and also applies to persons teaching learners to drive. Persons not liable to be charged with an offence would have to prove that the telephone or other hand-held device was being used to call the police, fire service, ambulance or other emergency services; and that it was unsafe or impracticable for them to stop driving to make the call. The interactive communication, which the law opposes while driving, includes sending or receiving oral or written messages; facsimile documents, still or moving images or accessing the internet as well as the use of two-way radios.
The Bill calls for the testing of a person’s breath, blood and urine. This is mainly in cases where the Police believe that a motorist, causing death or grievous bodily harm, was driving or in charge of a motor vehicle when under the influence of alcohol or drugs.

The legislation makes it compulsory for private motor cars and other vehicles to be equipped with seat belts as well as a child safety seat (at the back) for a youngster four years or more, but under the age of twelve years. At the latter age, the child must wear a seat belt. It has been explained that the sections of the Bill, regarding the use of seat belts and a safety seat, “do not apply to motor vehicles that were not designed or equipped with seat belts by their manufacturers.”

There are also to be changes in the issuing of driving permits. Under the present system, a person applies for a learner’s permit, practices to drive and after feeling competent, goes for a driver’s licence. “Now, before we even issue a learner’s permit, a person has to undergo a test to show that he or she is familiar with the highway-code,” Inspector Brooks explained.

“That is another thing we are doing to ensure that there is safety on the roads. It will also curb the nuisance that we have on the roads with a number of youngsters riding motorbikes up and down, which a lot of people complain about. Right now, they just apply to the Traffic Department for a learner’s permit and ride all about. Under this new law that would not happen. As I said, they, too, will have to do a test and many of the young people may not want to do that. If they don’t do the test, they will not be issued with a learner’s permit.”

The Inspector pointed to yet another requirement under the coming new law. “Presently, persons found driving without a licence are only reported. Now, if the police meet you on the road and you do not have a driver’s licence, you can be arrested immediately and taken before the Magistrate’s Court. The old law did not provide for that,” she said.

The top-ranking police officer also stated that the Bill now requires operators of vehicles carrying loads to have them covered or otherwise secured and not projected beyond certain feet from the vehicle. She pointed out that while it was always a desirable requirement, it was not enforceable under the law.

The particular section of the Bill reads as follows: “No person shall drive a vehicle where the load transported in or on the vehicle is likely to shift…to such an extent that the vehicle’s stability or manoeuvrability is adversely affected; or leak, spill, blow off, fall off, fall through or otherwise be dislodged from the vehicle.”

The Bill also prohibits “racing on a road or taking part in a trial of speed.”

Some of the new penalties in the Bill are as follows: overloading a truck, trailer or bus for a purpose for which it was not licensed, $3,000 (from $2,000); causing death by reckless or dangerous driving: 10 years imprisonment or $50,000 fine or both (from 5 years or $5,000); causing grievous bodily harm by reckless or dangerous driving: 5 years imprisonment or $25,000 fine or both; careless driving: $6,000 (from $4,800); for engaging in racing of speed trials: 12 months imprisonment (from 4 months). The maximum fine for racing is $10,000; failure to stop at an accident involving injury to a person or damage to property and to report to the Police within 24 hours: $20,000 or to imprisonment for 2 years. (This is from a fine of $500 or imprisonment for 3 months or to both.)

An offence resulting from the death of a person caused by fallen matter not properly secured on a vehicle, is punishable by imprisonment for 7 years or a fine of $40,000 or both. An offence resulting in grievous bodily harm to a person is punishable by imprisonment for 3 years, or to a fine of $20,000 or both.

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