The Road Traffic Regulations – Electronic Monitoring and Surveillance
February 15, 2023The Full Story
According to regulation 237 of the Road Traffic Regulations, 2022, the Authority may permit the use of electronic monitoring devices to monitor roadways. An electronic monitoring device remotely captures data about vehicles used on roads and is designed to detect violations under the Act. The offences which may be detected by these electronic enforcement devices include exceeding the speed limit, disobeying traffic signs, making improper turns, incorrect use of the bus lane and driving a motor vehicle without a certificate of fitness, registration, licence or insurance (regulation 238).
Road Monitoring
A photographic image or video recording captured by an electronic enforcement device is the property of the Authority and may be used for the purpose of the prosecution of any offence under the Act. The owner of any vehicle in commission of a road traffic violation shall, pursuant to regulation 115 of the Act, be served a notice of offence and will be penalised. Regulation 239 indicates that the Authority may arrange for the employment of privately-owned electronic devices to support road monitoring. These may be fixed, portable or mobile and will serve the same purpose of surveillance.
Unlawful Interference
Selling, distributing, or using photographic images or video recordings obtained from electronic enforcement devices for any reason other than the purpose of prosecution or which is otherwise authorised, is prohibited (regulation 242). Tampering with an electronic enforcement device and its proper function to accurately record is unlawful.
Offences and Penalties
Offence | Penalty |
1. Unlawfully interfering with an electronic enforcement device or its proper functioning or otherwise using an implement or other means to interfere with the accurate capturing or producing of photographic images or video recordings by an electronic enforcement device. | On summary conviction in Parish Court to a fine not exceeding $200,000 or to imprisonment for a term not exceeding four months. |
2. Selling distributing or using a photographic image or video recording captured by an electronic enforcement device, other than for the purpose of the prosecution of an offence. | On summary conviction in a Parish Court to a fine not exceeding $100,000 or to imprisonment for a term not exceeding two months. |
For additional information, contact:
Island Traffic Authority
38H Maxfield Avenue
Kingston 10
Tel: 876-754-1900-1/876-754-2590-3
Email: ps@mtw.gov.jm
Website: https://mtm.gov.jm/ita
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Twitter: @MTMjamaica