Chief Justice: Traffic offenders still liable for demerit points, driver’s licence disqualification through courts

Motorists appearing before the courts should continue to expect demerit points and driver disqualifications where the law requires, says Chief Justice Bryan Sykes, ahead of the Government's rollout of the administrative demerit points system.

The system is to be implemented under the Road Traffic Act, 2018, and the Road Traffic Regulations, 2022.

The clarification follows last Thursday's announcement by Transport Minister Daryl Vaz that the suspension of the administrative implementation of the demerit points system will end on September 30, with the regime becoming fully operational on October 1.

Vaz said motorists who settle their outstanding traffic tickets and become compliant on or before September 30 will not be adversely affected by the commencement of the system.

However, in a statement issued on Monday, Sykes said motorists appearing before the courts, including during the Traffic Ticket Public Days scheduled for July 8 and 9 in Kingston and St Andrew, should expect the law to be applied in accordance with the relevant legislation.

He explained that offences committed before February 1, 2023, continue to be governed by the Road Traffic Act, 1938, which requires the courts to order the recording of applicable demerit points and, where prescribed, the disqualification of drivers.

"It should therefore be noted that application of the demerit points system, in respect of offences under the 1938 Act, has remained operative and continues to be administered by the courts where the legislation so requires," Sykes said.

The judiciary noted that the provisions of the Road Traffic Act, 2018, governing the accumulation of demerit points and the suspension of driver's licences by the Island Traffic Authority have been in force since January 25, 2023, and have continued to be applied by the courts.

It noted that the 2018 Act preserves important judicial powers, including the authority under Section 35 to disqualify persons from holding or obtaining a driver's licence in prescribed circumstances.

Several provisions also require mandatory disqualification upon conviction for specified offences, including a second or subsequent conviction for careless driving.

"Accordingly, where a person appears before the court and the circumstances require disqualification, the court is obliged to make the appropriate order," the statement said.

Sykes said the clarification was intended to ensure the public understands that the courts "have continued to exercise only those powers expressly conferred by the applicable legislation" and have consistently applied both the Road Traffic Act, 1938, and the Road Traffic Act, 2018, in accordance with their respective commencement dates and the legal obligations imposed by Parliament.

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