Critical gaps exist in legislated penalties for impaired driving, while a $500 limit for speeding is “simply inadequate”, the senior magistrate has stated.

Maxanne Anderson told a special sitting of the court at the Dame Lois Browne-Evans Building to mark the start of the new legal year, that laws must be amended if punishments are expected to match the severity of traffic infringements.

Andrew Murdoch, the Governor, and David Burt, the Premier, were present in the packed courtroom — in addition to top lawyers and judges.

In her suggestions, which can be found the Bermuda Judiciary Annual Report, Ms Anderson called on policymakers to amend the Traffic Offences (Penalties) Act 1976.

She said criticism often directed at the courts for “perceived leniency” overlooked the critical fact that the powers of magistrates were strictly defined by statute.

Ms Anderson said: “If we want penalties to match the severity of these offences and the societal frustration they generate, the law itself must be amended to empower magistrates to impose more fitting sanctions.”

Among her suggestions was a call for the removal of the two-year limitation on prior offences, which would allow magistrates to consider an offender’s full history of violations when imposing penalties.

She told the court that the maximum fine for any speeding offence was capped at $500, regardless of how flagrant the offence committed.

She said: “This is simply inadequate in reflecting the seriousness of the threat posed to public safety. Similarly, the penalties for driving while impaired, while substantial, have critical gaps.”

Ms Anderson explained that the penalty for a first offence was a $1,500 fine and an 18-month disqualification from driving all vehicles.

For a second offence within two years, the offender pays a $2,500 fine and is disqualified for three years from driving all vehicles.

The third or subsequent offence within two years includes a $5,000 fine and five years’ disqualification from driving all vehicles.

However, the senior magistrate explained that if an individual commits another driving under the influence offence beyond the two-year period, the magistrate cannot consider previous offences when determining the penalty for the new charge.

She said: “This limitation undermines the severity of repeat offending and fails to adequately address the pattern of dangerous behaviour.”

She urged stakeholders to advocate for increased fines for speeding offences which were proportionate to the level of excess speed.

In addition, she called for higher penalties for people caught driving while impaired, ensuring they served as a true deterrent.

Ms Anderson added: “Strong representation must be made in the legislature and with policymakers to enact these changes.”

If the legislation is not amended, she said: “The courts remain constrained, unable to deliver judgments that align with the public’s expectation of justice and the need to curb dangerous behaviours on our roads.

“This is not merely a matter of legal reform; it is a matter of public safety and societal responsibility.”

She said that strengthening the penalties would mark a decisive step towards safer roads and reducing the “devastating consequences of reckless and impaired driving in Bermuda”.

The Bermuda Police Service and the Ministry of National Security were asked to comment on the issue.

Last October, Lieutenant-Colonel David Burch said the law may need to be amended to “give our law enforcement a stronger and more effective deterrent to poor driving habits”.

Colonel Burch, as Acting Minister of National Security, said greater police presence on the island’s roads was an effective component to deter errant motorists.

He added: “Our goal is to review and strengthen our laws in collaboration with all stakeholders to enhance the safety of our roads for everyone.”

He said despite efforts of the BPS through get-tough programmes such as Operation Vega, more needed to be done to address “dangerous and irresponsible driving habits”.

Last April, the police highlighted the need for personal responsibility on the roads as a range of traffic offences were recorded during Operation Vega.

During the campaign, police statistics showed that 639 speeding offences were recorded in the first quarter of 2024 and 110 people were found to be driving without a licence.

Chief Inspector Robert Cardwell said that despite roadside sobriety checkpoints, which began in September 2018, motorists continued to drive while under the influence.

In addition, Mr Cardwell said among the contributors to crashes were motorcyclists who create a third lane of traffic, particularly in rush hour. Crashes could happen when another driver made a right turn, he added.