Traffic sessions take off with calls for seat belt, alcohol testing laws
Countrywide public consultations on the traffic laws kicked off on Friday with a host of recommendations being made including mandatory seat belt laws, banning used tyres and testing drivers for alcohol.
Stabroek News
November 19, 2001
The public consultation - sparked by recent years of heavy deaths on the roads - was held at the Eve Leary Police Officers Mess. Some contributors saw the current traffic problems as a lack of enforcement of the current laws.
The non-government group `Mothers in Black' (MIB), which has been in the forefront of the campaign to shake up traffic laws, circulated proposals which called for the institution of a radar gun law, breathalyser tests, seat belt laws, and the immediate cessation of the importation of second hand tyres.
The group, which comprises mothers and others who have lost loved ones via accidents on the country's roadways, has for more than a year been staging weekly vigils calling for changes in the traffic laws to stem road deaths.
Other issues that the group is hoping to have favourably considered in any review include the re-examination of drivers licensing laws, with drivers of public transport being required to have special licences once they had obtained seven years ordinary experience.
The group is also proposing the introduction of a points system, the use of a night court/traffic court, the re-establishment of bus stops and mini-bus terminals, re-introduction of school traffic patrols and the banning of the use of cellular phones whilst driving.
It has also suggested the introduction of laws against people travelling at the rear of trucks or uncovered vehicles, a review of the dray cart laws with consideration given to age limits for drivers, the ending of loud music in public transport and severe fines and the immediate removal of livestock from roadways.
MIB also called for the automatic suspension of a driver's licence once a person is charged with causing death by dangerous driving, and a time limit for the case to be heard with only one or two adjournments being granted.
Minster of Home Affairs, Ronald Gajraj, who opened the session prior to contributions from the floor, reiterated the need for the urgent revision of the country's traffic laws which he said had been in force since 1940.
Most of the adjustments to the traffic act, according to the minister, had been done through piecemeal amendments.
This, the minister stated, has led to a tedious and cumbersome process when attempting to identify a suitable charge for any given defendant.
Giving as an example Chapter 51.02 Section 36 of the Act dealing with Dangerous Driving, Gajraj stated that all charges except that in relation to causing death are summary offences which had a time limit of six months within which a person needed to be prosecuted.
It is only the transferral of the causing death aspect of the dangerous driving charge to the Administration of Justice Act 1978, which itself is tucked at the bottom of the comprehensive legislation, that allows persons to be charged indictably.
The minister also alluded to difficulties associated with locating persons charged with traffic offences and the administration of the judicial system which he said sometimes acted contrary to stipulations.
Gajraj also identified certain inadequacies in the present legislation which needed to be put into the statutes including regulations for the functioning of mini-buses.
Other areas needed to be covered by the current revision include provisions for the use of radar guns to identify those who speed and the use of breathalyzer tests.
Presently, persons caught driving under the influence of alcohol can only be detained until they become sober since the authorities run the risk of being sued if they attempt to determine whether one is indeed drunk. The need for provisions to regulate the use of safety belts is another issue being actively considered.
The minister declared that the need to upgrade the traffic laws was even more urgent now with the prospect of vehicular traffic between Guyana and the neighbouring states of Brazil and Suriname.
The insurance aspect was another area identified by the minister which may need to be examined with possible changes to the laws relating to the type and class of insurance for drivers of certain ages and experience.
It was his hope that the consultation process would provide much food for thought and assist in guiding the building of a comprehensive road act.
Following the minister's presentation several contributors rose to express their views on the current laws and likely changes to be adopted.
Former Traffic Chief, Commander B Division, Assistant Commissioner, Paul Slowe, said that the force had several years earlier put forward many of the proposals being identified including the removal of the certification of fitness from the purview of the police.
He called for an urgent examination of insurance policies as it related to the use of open insurance especially in the realm of public transport.
Slowe further stated that many of the traffic problems which exist are the result of general behavioural attitudes which he stated need to change and which no law regardless of its state could alter.
The consultation attended by several concerned groups including Mothers in Black, consumer advocates, educators, and other professionals is expected to see sessions being conducted in various parts of the country in the coming weeks. (Oscar P. Clarke)