The upsurge in drunk driving and accidents has caused the government to propose amendments to the Motor Vehicle and Road Traffic Act to pave the way for the introduction of motor manslaughter and causing grievous bodily harm when driving a vehicle under the influence.
Additionally, proposed amendments to the Intoxicating Liquor Licensing Act now mandates bar owners not to serve drunk persons and to report instances of drunken driving.
In a statement, the Attorney General’s Chambers explained that the government is cognizant of the increase in vehicle accidents, inclusive of those resulting in fatalities on public roadways, specifically caused by an unacceptably high incidence of drunken driving.
“…Government of Guyana has made a decision to take a series of measures to confront this serious problem. Legislative reform is one of those measures. In this regard, the government is proposing to strengthen and expand existing legislation and imposing more punitive measures,” the statement informed.
The AG Chambers explained that two draft bills, Motor Vehicle and Road Traffic (Amendment) Bill 2022 and Intoxicating Liquor Licensing (Amendment) Bill 2022 were approved at Thursday’s Cabinet meeting. It added that the AG would lead the government’s consultations with important national stakeholder organisations and interested members of the public on these proposed legislative measures.
In the interim, the draft bills can be accessed on the Attorney General and Ministry of Legal Affairs’ website www.mola.gov.gy and submissions and recommendations can be sent to agchambersmola@gmail.com within the next 21 days.
Additionally, the AG said that the draft Bills will be circulated to relevant national stakeholder organisations for their submissions and recommendations within a similar timeframe.
…manslaughter, suspension, increased penalties
The Motor Vehicle and Road Traffic (Amendment) Bill 2022 is specifically amended to provide for the offences of motor manslaughter and causing grievous bodily harm while driving under the influence of alcohol or a drug. The Bill also amends the sections of the Principal Act relating to the offences of causing death by reckless or dangerous driving, driving under the influence of drink or drugs and driving or attempting to drive a motor vehicle when the person has consumed alcohol that exceeds the prescribed limits.
The draft bill’s explanatory memorandum states “…Consequential amendments are also made to the procedural provisions of the Act dealing with the testing of the breath and blood of the accused. Importantly, this Bill also provides for dissuasive penalties namely imprisonment, harsher fines and permanent disqualification from holding or obtaining a licence. These measures are important considering the risk of car accidents, severe injury or death that can result from a person driving under the influence of alcohol or a drug.”
The draft bill amends the Principal Act to introduce Section 35A.
The new section reads “(1) Any person who causes the death of another person by the driving of a motor vehicle on the road or other public place while under the influence of drink or a drug to such an extent as to be incapable of having proper control of the vehicle shall be guilty of motor manslaughter and shall be liable on conviction on indictment to a term of imprisonment of not less than ten years.
(2) Any person who causes grievous bodily harm to another person by the driving of a motor vehicle on the road or other public place while under the influence of a drink or a drug to such an extent as to be incapable of having proper control of the vehicle shall be liable on conviction on indictment to a term of imprisonment of not less than five years.”
Section 35A also provides for instances where the jury is not satisfied that a defendant’s driving was the cause of the death or the grievous bodily harm rather they are guilty of driving under the influence and to such an extent as to be incapable of having proper control of the vehicle, it shall be lawful for the jury or magistrate to convict the person of driving a motor vehicle under the influence of drink or a drug. Additionally, conviction under this new section also mandates the suspension of the convict’s licence for three years.
In the event of a second conviction, then the guilty driver will be permanently barred from holding or obtaining a licence.
Section 39 (1) of the Principal Act is also amended to increase the penalties for driving under the influence. Currently, the penalty is a fine ranging from $30,000 to $60,000 or imprisonment for twelve months and in the case of a second or subsequent conviction a fine ranging from $40,000 to $80,000 and imprisonment. The amendment would see first-time convicts paying no less than $200,000 and a second conviction fetches a fine of no less than $300,000.
Additionally, Section 39 (2) is amended to provide for the suspension of a convicted drunk driver for 12 months upon first conviction while 24 months is proposed for a second conviction. A third conviction would attract permanent disqualification from holding or obtaining a licence.
The bill also introduces Section 38A which provides for the temporary suspension of a licence pending the determination of a charge. It caters for when a person is charged for the second time with contravening the provisions of section 35A (motor manslaughter or causing grievous bodily harm while driving under the influence of drink or a drug), section 39 (driving under the influence of drink or a drug) or section 39A (driving or being in charge of a vehicle while breath or blood alcohol levels exceeds the prescribed limit), the court may order the suspension of the licence of that person pending the determination of the charge and upon suspension, the licence of the person shall be surrendered as soon as practicable to the court before which the person is charged.
Where the person is charged a third time with the aforementioned offences the court shall order the suspension of their licence pending the determination of the charge.
Any person who fails to surrender the licence shall be guilty of an offence of which the penalty is a fine of $100,000 or imprisonment for three months, the new amendment provides.
The bill also now empowers a constable to administer a breath test while a new amendment is inserted mandating that the constable operating the breathalyzer ensure that the instrument is properly calibrated and certified. Additionally, Section 39D of the Principal Act is also amended to cater for laboratory tests of blood specimens.
Refusal of service
The Intoxicating Liquor Licensing (Amendment) Bill 2022 now mandates liquor licence holders not to permit drunkenness on the licenced premises and creates new duties for the licence holder to discourage drinking and driving.
The amendment, according to the explanatory memorandum, provides “…that a licence holder shall not permit any drunkenness on his premises nor sell, give or barter or allow another person to sell, give or barter intoxicating liquor to a drunken person within the premises. Additionally, the licence holder is mandated to not sell, give or barter intoxicating liquor to a person he knows is likely to leave the premises by driving a motor vehicle unless a designated driver is identified. Consequently, he shall not sell, give or barter intoxicating liquor to a person identified as a designated driver. Further, where the licence holder knows that a drunken person is attempting to drive or is in charge of a motor vehicle, he shall inform the nearest police station and request their immediate assistance”.
Moreover, a licence holder is also now required to conspicuously post signs and ensure that announcements are made, on the premises that discourage drinking and driving.
The fines for breaching the duties imposed by the liquor licence have been increased from $2,000 to $100,000 for the first violation while the second offence attracts a $200,000 fine.
Liquor licence holders are now mandated to refuse to admit to the premises any person who is drunk, violent, quarrelsome, or disorderly. Failure to comply would see them being fined $100,000.
A case for 30km/h
At the launch of the United Nations Global Road Safety Week that runs from May 13 to 17, on Friday, a case was made for the reduction of speed limits to 30km/h on urban roads. In a report based on the Streets for Life campaign, the UN said that low-speed streets offer the potential to tackle car dependency, reduce road traffic injury, and reduce climate impacts. It identified that these are issues that particularly impact young people and marginalised communities at a global and local level. It added that low-speed streets are key to achieving Vision Zero, eliminating death and serious injury from road collisions.
“Driving speed in urban areas is closely associated with crash rates and the likelihood of serious injury. Reducing speeds makes it easier for vehicles to stop in time, with total stopping distances almost halving at 20mph compared to 30mph. Speed also affects the forces involved in a crash (related to the square of a vehicle’s velocity) and therefore the risk of serious injury. Limiting vehicle speed to 30km/h on streets where people and traffic mix saves lives. For a pedestrian or cyclist the risk of death or serious injury in a road traffic collision with a vehicle rises exponentially above speeds of 30km/h,” the report stated.
The current speed limit on urban roads in Guyana is 50km/h.
The UN campaign is supported by the Guyana National Road Safety Council (GNRSC).
In a Department of Public Information report, Minister of Home Affairs, Robeson Benn was quoted as saying that he is happy with the case to reduce the speed and promised consultation before any decision is taken.
