Remote Detection of Traffic Offences Allowed Under New Traffic Regulations

The remote detection of traffic offences using cameras and other electronic devices will now be allowed under the new Road Traffic Regulations, which were approved in the House of Representatives on July 5.

The legislation also provides for the issuing of tickets for such offences via electronic means.

“These are common practices in developed countries worldwide using technology to monitor the roads,” Minister of Transport and Mining, Hon. Audley Shaw, told the Lower House.

Mr. Shaw also informed that where traffic offences are detected remotely, the owner of the vehicle will receive the ticket.

He said electronic detection devices will be approved by the Island Traffic Authority to be installed on or near a road.

“Some of these devices are listed in the regulations, along with the types of offences that may be detected, including speeding, disobeying traffic signals, and operating vehicles not being licensed, insured, or certified as fit,” Mr. Shaw stated.

He added that as the programme is rolled out, the regulations will be adjusted to cover any additional devices or provisions that are necessary.

The Road Traffic Regulations, 2022, contains 299 orders, grouped into 13 parts, which provide for a slate of new offences and fines under the 2018 Road Traffic Act.

The legislation also addresses the requirements for a motor vehicle to be operated on a road, including obtaining a certificate of fitness, registering a motor vehicle and obtaining a certificate of title, and licensing (whether yearly or half-yearly).

Mr. Shaw said with the advent of changing vehicle technology, requirements for registration of electric motor vehicles and hybrid motor vehicles are stated.

The legislation also provides details with respect to the licensing of drivers, including the steps in the various application processes, the required documentation, the forms to be used, as well as the fees to be paid.

“The details concerning the renewal, suspension, revocation and other related matters are also described in these regulations. Many of the processes remain as they currently exist,” Mr. Shaw said.

In respect of learner drivers, an applicant will now be required to produce a medical certificate, while the requirement to pass the Road Code Test before being granted a learner’s permit has already been implemented and has been in operation since January 2020.

In addition, motorcyclists driving with a learner’s permit will need to be accompanied by an instructor who is driving another motorcycle within six metres of the learner driver.

The treatment of an application for a person who is hearing impaired, including how the test should be administered, and the requisite notation on the driver’s licence, if granted, are set out in the legislation.

It also addresses what should happen if a holder of a driver’s licence becomes afflicted with a disease or disability that is likely to cause the driving by him of a motor vehicle, such as he is licensed to drive, to be a source of danger to the public, as well as the procedure that should be followed if his condition has changed for the better.

“In such an instance, a medical certificate, completed by a registered medical practitioner, will now be required for the renewal of a driver’s licence for any person who is 70 years or older, and these licences will be valid for a period of three years,” Mr. Shaw said.

Further, provisions are included for demerit points on a driver’s licence to expire after 15 months, provided that fewer than 10 points are earned during such period.

After a period of suspension, the points that led to the suspension will be expunged.

Meanwhile, Mr. Shaw said that once the regulations have passed the scrutiny of the Parliament and are accepted for implementation, the Ministry is tasked with bringing the Road Traffic Act 2018 into force, which will repeal the Road Traffic Act, 1938.

“Given that certain institutional arrangements will have to be in place for the effective operation of some of the new provisions, not all sections of the Road Traffic Act will be brought into operation immediately,” he pointed out.