Amendments to Bermuda's demerit point system for traffic offences have been tabled in Parliament after it was condemned as a "manifest injustice" by the Court of Appeal. Defence lawyer and Bermuda Democratic Alliance MP Shawn Crockwell has previously complained that Bermuda's motorists have been unfairly penalised in comparison to their UK counterparts.

At present, each traffic conviction in Bermuda results in two to 12 demerit points being added to a person's record. Every two years the slate is wiped clean. If an individual accumulates 12 points during a two-year period, their driving license is revoked.

Drivers in the UK who have points on their record and then get a ban for another offence can have the points wiped clean from their record in the light of the ban. And if a UK court imposes a disqualification as a result of too many demerit points, those points fall away and the slate is clean. That is not the case in Bermuda at present, and means some motorists are punished twice once by being handed a ban for an offence such as impaired driving, and for a second time by having demerit points imposed on top of that.

That's because there's no provision for drivers who are banned to have their points wiped away. However, the amendments tabled before the House of Assembly on Friday will change that. If passed, a new clause means that all unexpired demerit points expire upon a points disqualification.

Another difference is that in the UK, there is the option for the courts not to impose demerit points on top of a driving ban. Again, this is not the case at present in Bermuda, but will change if the amendments get passed. A new section means points shall not be recorded for an offence for which a person is disqualified.

This avoids the situation where a person could in effect be disqualified twice for the same offence by having demerit points count towards a future disqualification based on points.

The newly-tabled amendments are not all in favour of motorists, however. The fine for driving an unlicensed vehicle will be increased from $1,000 to $2,000 and mean that penalties including demerit points and discretionary disqualification will be introduced for the offence of driving without insurance.

The debate over demerit points began soon after a new Electronic Vehicle Registration system came online on July 1 2008 to crack down on unlicensed and uninsured motorists. Some drivers were caught driving through the cameras multiple times over a short period of time leading to enormous fines and numerous points being imposed upon them. After one driver successfully got his $19,500 fine and six month ban reduced to a $4,125 fine and no ban, the Court of Appeal branded the new system unfair. It also accused Bermuda's lawmakers of failing to think through the consequences of the new legislation.

Welcoming news of the amendments yesterday, Mr. Crockwell said: "I'm going to take a closer look at it to make sure it goes far enough and makes it more clear for the average person to understand and the courts to administer. We're pleased that Government has followed through with their statements promising to amend the act to make it less convoluted and more fair and clear."