The Ministry of Works and Transport (MOWT) Trinidad and Tobago has plans to update the old legislation with a new demerit points system and is inviting the public to download the policy document and post your comments on their website. Below is the press release from the MOWT website:
The Ministry of Works and Transport (MOWT) bears the responsibility for the continued development and implementation of traffic law enforcement measures and strategies for the regulation of road use and promotion of road safety in Trinidad and Tobago. An assessment of the current legislation, underscores the necessity of implementing practical and modern amendments to the current Motor Vehicles and Road Traffic Act, Ch. 48:50, towards engendering greater responsibility of motorists on the nation’s roads.
Additionally, the Ministry proposes to have the Motor Vehicles and Road Traffic (Enforcement and Administration) Act, Ch. 48:52 repealed and anchored into the Motor Vehicles and Road Traffic Act, Ch. 48:50, in line with the Motor Vehicle and Road Traffic Bill 2016. As such, the implementation of a Demerit Points System is proposed by the Ministry which would allow for demerit points to be ascribed to a person’s driver’s license, where a driver was issued with a fixed penalty notice, or convicted by a Court for a traffic violation under the Motor Vehicles and Road Traffic Act, Ch. 48:50.
The public is invited to review the policy document and submit comments to the Ministry of Works and Transport.
The objectives of this policy are:
- provide for the introduction of a legal and technological platform for the robust enforcement of offences under the Motor Vehicles and Road Traffic Act Chapter 48:50 and Motor Vehicles and Road Traffic (Enforcement and Administration) Act, Ch. 48:52 while ensuring an effective and efficient disposal of matters that reach the Courts;
- encourage and promote safety on the nation’s road network;
- improve the standard of driving in Trinidad and Tobago by reducing the incidents of road traffic accidents;
- utilise a modern system of Demerit Points to target habitual violators of traffic laws;
- deter habitual violators of traffic laws by introducing the prospect of additional sanctions when certain traffic laws are breached;
- effect corrective and rehabilitative sanctions against violators of traffic laws; and
- propose key amendments to the Fixed Penalty Ticketing System that will ensure an improvement in its administrative processes and the easy disposal of traffic matters before the Courts.
Demerits will be distributed according to two license classes
Newly Licensed Driver:
A newly licensed driver, a person holding a licence for a period of twelve (12) months or less from the date of issuance, shall have his or her licence suspended for a period of one (1) year, upon the accumulation of seven (7) or more demerit points during the twelve (12) months period, from the date of the issuance of the driver’s licence.
Fully Licensed/Experienced Driver:
It is recommended that a fully licensed driver, meaning a person holding a licence in excess of twelve (12) months from the date of issuance.
Demerit Points and Suspension periods
| Demerit Points accumulated within three(3) years | Suspension period |
| More than ten (10) but less than fourteen (14) | Six (6) months |
| More than fourteen (14) but less than twenty (20) | One (1) year |
| More than twenty (20) | Two (2) years |
The public should refer to the policy document for more information on the details and of course voice your opinions on the MOWT website. Below are the list of violations and the demerit points associated with them.
The Demerit Points System |
||
| Description of Offence | Relevant Section/Regulation |
Demerit Points |
| Defaced or defective Identification plate | Motor Vehicles And Road Traffic Act Ch. 48:50 Regulations Regulation 7 |
3 |
| No ID plate fixed to the front and to the back of the vehicle | Motor Vehicles And Road Traffic Act Ch. 48:50 Regulations, Regulation 9 |
4 |
| No ID lights on the vehicles at night | Motor Vehicles And Road Traffic Act Ch. 48:50 Regulations, Regulation 10 |
2 |
| Vehicle with defective brakes | Motor Vehicles And Road Traffic Act Ch. 48:50 Regulations, Regulation 28(f) (v) |
3 |
| No Tare and M.G.W painted on vehicles | Motor Vehicles And Road Traffic Act Ch. 48:50 Regulations, Regulation 28(h) |
2 |
| Vehicle with defective fittings | Motor Vehicles And Road Traffic Act Ch. 48:50 Regulations, Regulation 28(i) |
3 |
| Vehicle without silencers or fitted with cut outs | Motor Vehicles And Road Traffic Act Ch. 48:50 Regulations, Regulation 28 (j) |
3 |
| Unauthorised lights to front or rear of vehicle | Motor Vehicles And Road Traffic Act Ch. 48:50 Regulations, Regulation 28(k) |
3 |
| Vehicle without two head lamps | Motor Vehicles And Road Traffic Act Ch. 48:50 Regulations, Regulation 28 (m) (i) |
3 |
| Vehicle without park lights | Motor Vehicles And Road Traffic Act Ch. 48:50 Regulations, Regulation 28(m)(ii) |
3 |
| Vehicle without tail lights | Motor Vehicles And Road Traffic Act Ch. 48:50 Regulations, Regulation 28(m)(iii) |
3 |
| Vehicle with unauthorised spot or swivel lights | Motor Vehicles And Road Traffic Act Ch. 48:50 Regulations, Regulation 28 (m)(iv) |
4 |
| No “left hand drive” notice affixed to appropriate vehicle | Motor Vehicles And Road Traffic Act Ch. 48:50 Regulations, Regulation 31(2) |
2 |
| Reversing on roads for an unreasonable distance | Motor Vehicles And Road Traffic Act Ch. 48:50 Regulations, Regulation 38, Rule 1 |
3 |
| Reversing at the junction of roads or around the corner of the City of Port of Spain or San Fernando | Motor Vehicles And Road Traffic Act Ch. 48:50 Regulations, Regulation 38 Rule 1 |
2 |
| Improper overtaking on the left side of the road | Motor Vehicles And Road Traffic Act Ch. 48:50 Regulations, Regulation 38, Rule 5(3) |
6 |
| Obstructing overtaking traffic | Motor Vehicles And Road Traffic Act Ch. 48:50 Regulations, Regulation 38, Rule 5(4) |
3 |
| Improper overtaking on the right, cutting in | Motor Vehicles And Road Traffic Act Ch. 48:50 Regulations, Regulation 38, Rule 5(5) |
6 |
| Overtaking traffic at a place dangerous to do | Motor Vehicles And Road Traffic Act Ch. 48:50 Regulations, Regulation 38, Rule 5(6) |
6 |
| Parking within three meters of a fire hydrant | Motor Vehicles And Road Traffic Act Ch. 48:50 Regulations, Regulation 38, Rule 5(12) |
2 |
| Parking within three meters of the frontage of a fire station | Motor Vehicles And Road Traffic Act Ch. 48:50 Regulations, Regulation 38, Rule 5(13) |
2 |
| Negligently or wilfully interrupting the free passage or causing an unnecessary obstruction | Motor Vehicles And Road Traffic Act Ch. 48:50 Regulations, Regulation 38, Rule 6 |
3 |
| Vehicle without horn | Motor Vehicles And Road Traffic Act Ch. 48:50 Regulations, Regulation 38, Rule 12(1) |
3 |
| Permitting excess sparks smoke or visible vapour to come from vehicle | Motor Vehicles And Road Traffic Act Ch. 48:50 Regulations, Regulation 38, Rule 13 |
2 |
| Vehicle carrying excessive projection | Motor Vehicles And Road Traffic Act Ch. 48:50 Regulations, Regulation 38, Rule 15 |
6 |
| Overcrowded vehicle | Motor Vehicles And Road Traffic Act Ch. 48:50 Regulations, Regulation 38, Rule 16 |
3 |
| Carrying persons in a dangerous manner | Motor Vehicles And Road Traffic Act Ch. 48:50 Regulations, Regulation 38, Rule 17 |
3 |
| Failing to draw up vehicle for passage of fire engine | Motor Vehicles And Road Traffic Act Ch. 48:50 Regulations, Regulation 38, Rule 19 |
6 |
| Towing other than a motor vehicle without written permission of the Licensing Authority | Motor Vehicles And Road Traffic Act Ch. 48:50 Regulations, Regulation 38, Rule 20 |
2 |
| Vehicle without reflecting mirror | Motor Vehicles And Road Traffic Act Ch. 48:50 Regulations, Regulation 40 |
3 |
| Vehicle carrying unsecured load | Motor Vehicles And Road Traffic Act Ch. 48:50 Regulations, Regulation 42 |
3 |
| Use of noisy vehicle | Motor Vehicles And Road Traffic Act Ch. 48:50 Regulations, Regulation 43 |
2 |
| Use of vehicle with defective tyres | Motor Vehicles And Road Traffic Act Ch. 48:50 Regulations, Regulation 44 |
3 |
| Use of vehicle with no windshield wiper or defective wiper | Motor Vehicles And Road Traffic Act Ch. 48:50 Regulations, Regulation 46 |
3 |
| Driving vehicle on footpath or pavement | Motor Vehicles And Road Traffic Act Ch. 48:50 Regulations, Regulation 57 |
3 |
| Stopping or parking or driving a motor vehicle on a surveillance bay | Motor Vehicles And Road Traffic Act Ch. 48:50 Regulations, Regulation 110A(2) |
6 |
| Failing to produce taxi driver’s badge and licence on demand | Motor Vehicles And Road Traffic Act Ch. 48:50 Regulations, Regulation 115 |
4 |
| Using or altering a motor vehicle or trailer for a purpose not authorised by the registration or Licensing Authority | Motor Vehicles And Road Traffic Act Ch. 48:50, section 21(1) (b) |
3 |
| Public Service Vehicle carrying excess passengers | Motor Vehicles And Road Traffic Act Ch. 48:50, section 21(1)(c) |
4 |
| Goods vehicle carrying excess weight | Motor Vehicles And Road Traffic Act Ch. 48:50, section 21(1)(c) |
3 |
| Use of motor vehicle with the windscreen or any other window fitted with glass so tinted, treated or darkened as to obscure the view of the inside of the vehicle from outside | Motor Vehicles And Road Traffic Act Ch. 48:50, section 23(1)(d) |
3 |
| Use of motor vehicle under dealer’s licence by a person other than a dealer | Motor Vehicles And Road Traffic Act Ch. 48:50, Section 39 |
3 |
| Riding Motor Cycle without safety helmet | Motor Vehicles And Road Traffic Act Ch. 48:50, Section 43(1) |
2 |
| Failure of a driver and any passenger seventeen years and over to wear a seat belt while the vehicle is in motion | Motor Vehicles And Road Traffic Act Ch. 48:50, Section 43C(1) |
4 |
| Driving a vehicle with a person in the front seat who is not wearing a seat belt | Motor Vehicles And Road Traffic Act Ch. 48:50, Section 43C (1A) |
4 |
| Driving a vehicle with a child in the front seat who is five years and under | Motor Vehicles And Road Traffic Act Ch. 48:50, Section 43D(1)(a) |
4 |
| Failing to place a child who is five years and under in a child restraint or booster seat in the vehicle while driving the vehicle | Motor Vehicles And Road Traffic Act Ch. 48:50, Section 43D(1) (b) |
4 |
| By 0 – 9 km/hr By 10-20 km/hr By 21-30 km/hr By 31 or more km/hr |
Penalty : $1,000.00 Penalty : $1,500.00 Penalty : $2,000.00 Penalty: $3,000.00 |
0 |
| Motor racing and speed trials between motor vehicles without permission | Motor Vehicles And Road Traffic Act Ch. 48:50, Section 63 |
6 |
| Breach of Traffic Order made by the Minister | Motor Vehicles And Road Traffic Act Ch. 48:50 Section 65(1) |
4 |
| Failing to comply with directive of a police constable | Motor Vehicles And Road Traffic Act Ch. 48:50 Section 66(a) |
6 |
| Failing to comply with a traffic sign (excluding an electric automatic signal) or notice authorised by the Licensing Authority or Commissioner of Police respectively. | Motor Vehicles And Road Traffic Act Ch. 48:50 Section 66(b) |
3 |
| Failing to comply with an electric automatic signal (traffic light) | Motor Vehicles And Road Traffic Act Ch. 48:50 Section 66(b) |
6 |
| Contravention of Traffic Order made by the Commissioner of Police | Motor Vehicles And Road Traffic Act Ch. 48:50 Section 68 (7) |
3 |
| Dangerous Driving | Motor Vehicles And Road Traffic Act Ch. 48:50 Section 71A |
14 |
| Motor Cyclist holding onto another moving vehicle | Motor Vehicles And Road Traffic Act Ch. 48:50 Section 77(2)(a) |
2 |
| Motor Cyclist riding with no hands on the handle bar | Motor Vehicles And Road Traffic Act Ch. 48:50 Section 77(2)(b) |
2 |
| Standing for hire at a place not appointed for the purpose | Motor Vehicles And Road Traffic Act Ch. 48:50 Section 91(3) |
3 |
| Unauthorised parking on grounds of a public building | Motor Vehicles And Road Traffic Act Ch. 48:50 Section 107(1) |
2 |
| Use of Priority Bus Route by unauthorised vehicle | Special Roads (Traffic) Regulations Ch. 48:01, Regulation 2 |
6 |
| Using or causing to be used or permitting a person to use a motor vehicle or licenced trailer on a public road without a valid policy of insurance | Motor Vehicles Insurance (Third Party Risks) Act, Ch. 48:51, section 3 |
6 |
| Unauthorised driving or parking within Queen’s Park Savannah | Queen’s Park Act, Ch. 41:04, Regulation 1A |
4 |
| Operation of Maxi- taxis outside specified route | Maxi-Taxi Act, Ch. 48:53, section 12(1) |
4 |
| Vehicle painted in such a manner as to be mistaken for a maxi taxi | Maxi-Taxi Act, Ch. 48:53, section 12(1) |
4 |
| Driving while holding or using a hand held mobile device | Motor Vehicles and Road Traffic (Mobile Devices) Regulations, Ch. 48:50, Regulation 5 |
6 |
| Using a wireless communication device to view, send or compose an electronic message while driving or having charge of a vehicle | Motor Vehicles and Road Traffic (Mobile Devices) Regulations, Ch. 48:50, Regulation 7 |
6 |
| Driving while disqualified | Motor Vehicles and Road Traffic Act Ch. 48:50, section 42 |
14 |
| Driving or being in charge of a vehicle while blood alcohol levels exceed prescribed limit | Motor Vehicles and Road Traffic Act Ch. 48:50, section 70A |
9 |
| Failure to provide a specimen of breath or blood | Motor Vehicles and Road Traffic Act Ch. 48:50, section 70B |
14 |
| Failure to submit Breath analysis or wilful alternation of concentration of alcohol in his breath or blood | Motor Vehicles and Road Traffic Act Ch. 48:50, section 70C |
14 |
| Causing death by dangerous driving | Motor Vehicles and Road Traffic Act Ch. 48:50 Section 71 |
14 |
| Careless driving | Motor Vehicles and Road Traffic Act Ch. 48:50, section 72 |
6 |
| Failing to observe provisions concerning pedestrian crossings | Motor Vehicles and Road Traffic Act, Ch. 48:50 Regulations, Regulations 16, 17 and 18 |
4 |
| Failure to produce the vehicle for inspection or driving a motor vehicle without obtaining a valid inspection sticker and certificate | Motor Vehicles and Road Traffic Act, Ch. 48:50 Regulations, Regulation 27(11) |
9 |
