Act to improve motoring demerit system is expected to go before MPs today
Controversial legislation which saw unlicensed motorists rack up huge fines — dubbed a "manifest injustice" by the courts — is due to be smoothed out at the House of Assembly today.
The Court of Appeal was severely critical of the traffic offences demerit point system earlier this year, after Richard Cox drove through electronic vehicle registration detectors 11 times and was fined $19,250 — a fine later reduced to $4,875 on appeal.
Today, Premier and Transport Minister Ewart Brown is expected to give a second reading to the Traffic Offences (Penalties) Amendment Act, which addresses anomalies in the system.
Shadow Justice Minister Trevor Moniz will mark the occasion by spelling out what's gone wrong since the scheme was introduced two years ago.
Mr. Moniz says initially the authorities failed to keep track of the demerit points people were picking up, and then some motorists got the double punishment of disqualification and demerits at the same time.
He believes some of the difficulties with implementing the legislation could have been down to a lack of resources.
Last year, Mr. Cox said he drove his car through the camera repeatedly without realising. He was fined $750 for 11 counts of unlicensed driving and $1,000 each for 11 counts of uninsured driving, as well as getting demerit points and disqualified for six months.
One driver — Carlos Simas — came off even worse, with a $63,000 fine for driving his unlicensed and uninsured car through detectors 36 times.
Eight months ago, Appeal Court President Edward Zacca issued a written judgment in the case of Mr. Cox, saying that lawmakers had appeared not to have thought through the consequences of the act.
Today's bill states changes will be made "that reflect judicial comments in a case heard in the courts last spring".
It means unexpired demerit points will be expired when a driver becomes disqualified; and when someone is convicted of a number of offences on the same occasion, he or she only gets demerit points for one of them.
Meanwhile, the fine for driving an unlicensed vehicle will double from $1,000 to $2,000; and demerit points and qualification penalties will be added for driving without insurance.
Dr. Brown is also expected to give a second reading to the Public Holidays Amendment (No. 3) Act, which allows shops selling alcohol at cruise ship terminals to stay open on public holidays.
He will also give a second reading to the Internal Audit Act, which sets up an Internal Audit Department to independently oversee the performance and cost of Government policies, programmes and operations.
The Department is intended to provide assurance that people entrusted with public funds carry out the functions "effectively, efficiently, economically, ethically, equitably and in accordance with the law".
Finally, Independent MP Wayne Furbert is expected to kick off a debate on his motion calling for a law which would force political parties to disclose financial donations above a certain amount, and reveal where they came from.
The motion reads: "That this honourable House establish a joint select committee to consider political campaign financing legislation to ensure responsibility, accountability and transparency within the political process."