Using a cellular phone while driving a vehicle will soon be an offence punishable under the law while persons convicted of using false number plates could be fined $1M and jailed for two years as a bill providing for this was passed unanimously by the National Assembly last evening.
The Motor Vehicles and Road Traffic (Amendment) Bill 2008 was supported by all parties in the Assembly and was passed with two amendments after a short debate.
The bill prohibits persons from driving a motor vehicle on any road if using a hand-held mobile telephone or similar-hand held device. Driving instructors are also prohibited from using such devices while supervising a learner driver. A fine of not less than $5000 nor more than $10 000 upon conviction is the penalty for a first offence while in the case of a second or subsequent offence, a fine of not less than $10 000 nor more than $15 000 is the penalty upon conviction.
Meanwhile, the bill also inserts into the Principal Act, a section which provides for harsher penalties for a person who fraudulently imitates, alters, or uses or fraudulently lends or allow to be used by any other person any identification mark or certificate of registration issued or deemed to have been issued on registration of a vehicle under the Act. Persons convicted of this offence are liable to a $1M fine together with imprisonment for two years.
Piloting the Bill through its second and third readings, Home Affairs Minister Clement Rohee noted that instances where false number plates are used are more often done in the commission of criminal acts and this poses a challenge for police. He noted that the Act had previously dealt with this as a traffic offence but with the bill, it has moved beyond that. He pointed to the fact too that vehicles with false number plates have been imported illegally. With regards to cellular phone use while driving, the Home Affairs Minister stressed that 50% of the population has these devices and the legislation was “playing catch-up” in a sense.
He declared that using the said communication devices while driving poses a major hazard to persons.
In stating her support for the bill, PNCR Member of Parliament, Deborah Backer declared that a public relations exercise to educate the public is essential. “People have to be sensitized to this”, she stated. She pointed out too that if a part of a person’s licence plate is missing or not easily identifiable that person could be charged, but Rohee stated that the issue has to be looked at in the context of what the law says and the magistrate could exercise his discretion.
Other speakers including Alliance For Change (AFC) Leader Raphael Trotman, Minister of Public Works and Communications, Robeson Benn and PPP/C MP Norman Whittaker also supported the bill.
Meantime, the bill also makes provision for the use of All Terrain Vehicles (ATVs) on public roads and off-highway trails. The penalties for driving an unregistered motor vehicle on the road and driving a motor vehicle without identification mark have also been increased. Upon conviction of either of the two offences, a person is liable to a fine of $150 000 and three months imprisonment.
The bill was passed with two minor amendments. For the bill to be enforceable the President would have to assent to it and then it would have to be gazetted.
