Let’s thank all our Members of Parliament, especially the Attorney-General, Aiyaz Sayed-Khaiyum, for enacting the Land Transport Amendment Act 2017.

The Land Transport Authority (LTA) introduced photographic detection devices or speed cameras in 2013 to better monitor and safe-guard road users.

In 2016 six more speed cameras were added taking the total number of speed cameras to 11. They also exposed the LTA did not have the capacity to issue Traffic Infringement Notices (‘TINs’) in accordance with the current legislative timeframes.

It led to complaints from people.

The Act now addresses those concerns with a more efficient legislative framework.  It is driver-friendly and creates an environment that builds public confidence. The Act gives ample time for drivers to exercise their legal rights.

Some of the provisions of the old Act were unrealistic. For example, a Lautoka driver booked at Deuba for a traffic infringement was required to answer charges at the Navua Magistrates Court.

Under the new law, drivers have 90 days to pay their traffic fines instead of 21 days. And they don’t have to pay their fines in one lump sum. They can pay them in instalments.

The Act says after the 90-day period, the person may still– (i) pay the outstanding fixed penalty, though the person will now also be liable to an additional fee for late payment; or (ii) dispute the matter in court; or (iii) make a statutory declaration to the Authority.

It says if after 12 months from the date of issuance and despatch of the TIN the person still has not chosen any of the available options and, in essence, has done nothing to accept, reject or challenge the TIN in the 12-month period available, the TIN is deemed a conviction and– (i) the person’s licence is suspended; and (ii) the Authority may take the matter before the court seeking a sentence of an award of demerit points and a maximum penalty award for the applicable offence.

The person then becomes liable to pay the fixed penalty with a prescribed additional fee or can make a statutory declaration to the authority under sections 85(3) or 85A(2), or elect to dispute the matter in court. The person in this instance has essentially 12 months from the date the TIN is issued to do this.

In the event that the 12-month period expires and the person issued a TIN has not done any such act or payment, the Authority can then suspend the person’s licence and take the matter to court which may award demerit points in addition to any maximum penalty. Lastly, clause 5 of the Act provides that the authority may issue a withdrawal notice where a statutory declaration has been made to the authority in the prescribed period and the authority has accepted the statutory declaration following which the TIN is withdrawn and reissued to a different person as the case may be.

This clarity in the law will save time and money in the long run and keep our drivers happy on our roads.

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