Consumer Concerns
President Jagdeo publicly signed The Evidence and Motor Vehicles and Road Traffic (Amendment) Bill 2008 on May 22 this year. The Explanatory Memoran-dum of the bill is set out.
Explanatory Memorandum
“Clause 2 of the Bill seeks to amend the Evidence Act, Cap. 5:03 by the insertion of new Sections 43A and 436. This clause inserts a definition of an authorized analyst in the Evidence Act as being a person designated by the Minister responsible for Home Affairs.
Section 43A provides for a certificate signed by an authorized analyst or a certificate signed by a registered medical practitioner to be received in any Court as evidence of any matter or thing contained therein relating to the examination or analysis of a breath or blood test.
“The new section 436 provides for the certification of the accuracy of speedometers, radar and weighing devices by the appropriate public officer specified in the document. A document which certifies the accuracy of a speedometer, radar or weighing device may then be produced before the Court.
“The document shall be prima facie evidence of all matters contained therein.
“Clause 3 of the Bill seeks to amend the Motor Vehicles and Road Traffic Act, Cap. 51:02, to make provision for the authorization of any member of the Police Force to operate a breath analyzing device or instrument on a driver, of a motor vehicle if he is suspected of having consumed alcohol in such a quantity that the proportion in his breath or blood exceeds the prescribed limit.
“The new Section 39A seeks to create an offence for any person who drives or attempts to drive or be in charge of a motor vehicle if he has consumed alcohol in such a quantity that the proportion in breath or blood exceeds the prescribed limit.
“The new Sections 39B and 39C make provision for the carrying out of a breath test and breath analysis, respectively.
There are circumstances where a driver is at a hospital as a patient and may only give a specimen of breath after certain conditions are met. A member of The Police Force shall not require any person to undergo a breath test or to submit to a breath analysis if that person has been admitted to hospital for medical treatment and the registered medical practitioner in immediate charge of his treatment has been notified or objects on the ground that compliance therewith would be prejudicial to the proper care or treatment of that person or if it appears by reason of injuries sustained by that person, be dangerous to that person’s medical condition or at that person’s usual place of abode.
“The new Section 39D provides that in the course of an investigation as to whether a person has committed an offence of driving under the influence of drink or drugs or the offence of driving while his breath or blood alcohol levels exceed the prescribed limit a constable may require a person under investigation to provide a sample of blood for a laboratory test if the person is unable, by reason of this physical condition, to provide a sample of breath for a breath test.
However where any person is required to provide a specimen of blood, such specimen shall be taken only with the consent of the person, at a hospital and by a registered medical practitioner or qualified laboratory technician.
“The new Sections 39E and 39F contain provisions that are incidental in nature.
“Clause 4 of the Bill seeks to amend Section 103 of the Motor Vehicles and Road Traffic Act by inserting a new paragraph to empower the Minister to make regulations to provide for the procedure for assignment of points on the conviction of persons for certain traffic offences known as the demerit points system.”
The bill is now an act, but there are no copies of the act on sale until the printers have done their work.
It is hoped that the act when available will be in bold print and easily legible. The act refers to the gun used by policemen to check drivers who are speeding. From the Guyana National Bureau of Standards we learn that this gun has not been calibrated.
There are still some difficulties to be ironed out. Drivers are asking what is the prescribed limit of alcohol. Policemen can make errors.
On one occasion I was travelling in a taxi on Carifesta Avenue and a policeman stopped the taxi and accused the driver of speeding. In fact we were travelling behind a slow vehicle, so I intervened and denied that the taxi was speeding. Had I not been there the taxi driver would have been charged. It is assumed that the policeman is always correct and this is not the case.
