A BRIEF OVERVIEW OF THE MOTOR VEHICLE AND ROAD TRAFFIC AMENDMENT BILL 2022
An increase in motor vehicle ownership in recent times is evident from the traffic congestion we now experience. Getting to school or work on time requires leaving home much earlier to beat the morning rush hour traffic. Sitting in traffic can be infuriating and sometimes unbearable, and if you are running late for an appointment, you may be tempted to ‘push’ the speed limit.
However, before you step on the gas, consider the following: What happens if you lose control of the vehicle? What if a vehicle in front of you stops suddenly, and you do not have enough time to hit the brakes? Or what happens if your motorcycle runs a red light and a car comes speeding over the intersection? Or maybe, it is a pedestrian that starts crossing the street, but you did not see them until it is too late. What do you do then?
Every day that you use the roadways could be the day that a seemingly small risk or mistake may be the difference between life and death for yourself or other road users. A driver, therefore, must first and foremost be properly trained and licensed to operate a motor vehicle. Failure to have such a licence while operating a motor vehicle constitutes an offence according to Section 23 of the Motor Vehicle and Road Traffic Act, Chapter 51:02 (‘the Act’). Being a licensed driver is just the first step. Paying attention while using the road and adhering to the traffic rules and signs makes you a responsible and defensive road user.
Vehicular accidents occur all too frequently, often resulting in injuries and fatalities, and many times as a result of speeding, driving under the influence of alcohol, or using a cellular phone while driving. The latter is prohibited by Section 37 of the Act. In an effort to curb the rate of road traffic accidents in Guyana, the Motor Vehicle and Road Traffic Amendment Bill (‘Bill’) was passed in November 2022. This Bill imposes stricter penalties intending to reduce the number of fatalities caused by reckless and drunken driving.
The Bill introduces the offences of motor manslaughter and causing grievous bodily harm while driving under the influence of alcohol or drugs. In fact, the amended Section 35A (1) prescribes that where a person causes the death of another while driving a motor vehicle and is so ‘high’ or drunk that he or she is incapable of having proper control of the vehicle, he or she shall be guilty of motor manslaughter, and once convicted, shall be entitled to a term of imprisonment for not less than ten years. The amended Section 35A (2) further prescribes that where the driver does not cause the death of another person but instead causes grievous bodily harm, upon conviction he or she shall be imprisoned for not less than five years.
If, however, at trial the driver is found not to have caused the death or grievous bodily harm of the person, he or she may still be guilty of careless driving which is also an offence (Section 35A (3)). Notably, once found guilty, the driver would be disqualified from holding or obtaining a licence for three years from the date of release from prison. If it is the driver’s second conviction for a like or similar offence his licence will be permanently revoked.
According to the amended Section 38A, pending the determination of the charge of a repeat offender, the driver may have his licence suspended and he or she must surrender his licence to the court as soon as practicable. Failure to surrender the licence shall result in a fine of one hundred thousand dollars or a period of three months imprisonment.
Where any person operates a motor vehicle on the road under the influence of alcohol or drugs making them incapable of having proper control of the vehicle, he or she shall be liable to pay a fine of not less than two hundred thousand dollars or imprisonment for one year. Where there is a second or subsequent conviction the fine shall be not less than three hundred thousand dollars or imprisonment for one year. The convicted person shall be disqualified from holding or obtaining a licence for one year from the date of conviction or longer as may be ordered by the court. Two consecutive offences shall result in disqualification for two years or longer as may be ordered by the court.
Where a person drunkenly drives or attempts to drunkenly drive on the road with his or her breath or blood alcohol levels exceeding the prescribed limit, he or she shall be liable to pay a fine of two hundred thousand dollars (amended Section 39A (2)). For two consecutive offences he or she shall be disqualified from holding or obtaining his licence for at least one year, and for a third conviction, he or she shall be permanently disqualified from holding or obtaining a licence (amended Section 39A (3)).
Further, Section 39G (1) was amended to define the prescribed limit to be: breath alcohol concentration, 35 microgrammes of alcohol in 100 millilitres of breath, or blood alcohol concentration, 80 milligrammes of alcohol in 100 millilitres of blood.
It is clear that the Amendment has imposed harsher penalties for road traffic offences and has even implemented the offences of motor manslaughter and causing grievous bodily harm. It is now the responsibility of all road users, whether a driver, cyclists, or pedestrians to bond together to follow the traffic rules and regulations to ensure public safety and eradicate road accidents and fatalities.
It is better to follow the law and safely use the roadways than to lose your licence, be imprisoned, fined, or worse, lose your life or take someone else’s.
