Road Traffic Offences: This is a publication from the Office of the Attorney General.
Driving offences can result in the issuance of fines and, in more serious cases, suspensions and criminal prosecutions. This article will highlight some of the more common offences and the speed limits throughout Saint Vincent and the Grenadines, outlined in the Motor Vehicles and Road Traffic Act (Chapter 483).
What are the main types of road traffic offences?
• Speed
Section 46 of the Motor Vehicles and Road Traffic Act provides that the penalty for breaking the speed limit is a fifteen hundred dollars ($1500.00) fine and to disqualification from holding or obtaining a driving permit for such period as the court shall think fit.
• Driving when under the influence of drink or drug
Section 47 (1) of the Motor Vehicles and Road Traffic Act provides that the penalty for driving when under the influence of drink or drug is a fifteen hundred dollars XCD ($1500.00) fine and imprisonment for six (6) months. A second or subsequent conviction can result in a two thousand five hundred dollars fine ($2500.00) and imprisonment for one (1) year.
Section 47 (2) of the Motor Vehicle Road Traffic Act provides that a person convicted of an offence under this section shall, without prejudice to the power of the court to order a longer period of disqualification, be disqualified for twelve months from the date of the conviction from holding or obtaining a driving permit. On a second conviction for a like offence, he shall be permanently disqualified from holding or getting a driving permit.
Section 47 (3) of the Motor Vehicles and Road Traffic Act provides that a police officer may arrest without warrant any person committing an offence under this section.
• Reckless Driving
Section 48 (1) of the Motor Vehicles and Road Traffic Act provides that any person who drives a motor vehicle on the road recklessly, or at speed or in a manner which is dangerous to the public, having regard to all the circumstances of the case, including the nature, condition and use of the road, theamount of traffic which is actually at the time, or which might reasonably be expected to be on the road is guilty of an offence and liable to a fine of two thousand five hundred dollars or imprisonment for six months, and in the case of a second or subsequent conviction to a fine of five thousand dollars and to imprisonment for six months.
Section 48 (2) of the Motor Vehicles and Road Traffic Act provides that, a person convicted of an offence under this section may be disqualified from holding or obtaining a permit for such period as the court thinks fit subject to the following provisions—–
a) After the first offence for a period of disqualification shall not exceed six months;
b) After the second offence the period shall not exceed two years;
c) After the third offence the period the disqualification may be permanent.
Section 48 (3) of the Motor Vehicles and Road Traffic Act provides that, any police officer may arrest without warrant the driver of any motor vehicle who commits an offence under this section within his view, if he refuses to give his name and address or if the police officer has reason to believe that the name and address so given is false, or if the motor vehicle does not bear an identification plate.
• Causing death by dangerous or reckless driving
Section 49 of the Motor Vehicles and Road Traffic Act provides that, any person who causes the death of another by driving a motor vehicle on a road dangerously or recklessly is guilty of an offence and is liable to imprisonment for seven (7) years.
• Careless Driving
Section 52 of the Motor Vehicles and Road Traffic Act provides that, any person who drives a motor vehicle on a road without due care and attention or without reasonable consideration for other persons using the road is guilty of an offence and is liable to pay a fine of fifteen hundred dollars XCD ($1500.00) and will further be disqualified from holding or obtaining a driving permit for such a time the courts see fit.
• Not wearing a seatbelt – Drivers, etc. of motor vehicle to wear seatbelt
Section 57P of the Motor Vehicles and Road Traffic Act provides that, a person who fails to wear a seatbelt is liable on summary conviction. In the case of a first offence, a person can be liable to a fine not exceeding two thousand dollars XCD ($2000.00). In the case of a second offence or a subsequent offence a person will be liable to a fine not exceeding five thousand dollars XCD ($5000.00).
This law is subject to limited exceptions (1.) valid certificate of exemption issued by Minister after registered medical practitioner certifies that it is inadvisable on medical grounds for that person to wear a seatbelt (2.) A child who wears or is conveyed in a child restraint system (car seat) (3.)
• Driving without a protective helmet
Section 57S of the Motor Vehicles and Road Traffic Act provides that, the penalty for driving, being carried on a motorcycle or riding a bicycle without a protective helmet is a fine not exceeding two thousand dollars XCD ($2000.00). In this case of a second or subsequent offence, a person will be liable to a fine not exceeding five thousand dollars XCD ($5000.00).
• Driver of Vehicle to stop is pedestrian walking within crossing
Regulation 4 of the Pedestrian Crossing Regulations provides that the driver for every vehicle must stop at the first line of a crossing if a pedestrian is going from one side of the road to the other within such crossing.
Under Regulation 9 of the Pedestrian Crossing Regulations, any person who breaches this regulation is guilty of an offence and liable to a fine of one hundred dollars XCD ($100.00).
• Driver of vehicle approaching crossing to stop if necessary.
Regulation 5 of the Pedestrian Crossing Regulations provides that, the driver of every vehicle approaching a crossing shall, unless he can see that there is no pedestrian thereon, proceed at such speed as to be able, if necessary, to stop before reaching such crossing. Any person who commits a breach of this regulation is guilty of an offence and liable to a fine of one hundred dollars XCD ($100.00) pursuant to regulation 9.
What are the Speed Limits throughout Saint Vincent & the Grenadines?
The various speed limits for Motor Omnibuses or Lorries and other Vehicles are outlined in the Second Schedule Section 46 of the Motor Vehicles and Road Traffic Act.
Location
Motor Omnibuses or Lorries
Other Vehicles
Within the towns of Kingstown, Georgetown and Calliaqua, and on Kingstown Hill and Sion Hill, within the villages of Sion Hill, Stubbs, Bridgetown, and within Friendly Village and through Byera Tunnel
15 Miles Per Hour (m.p.h)
20 Miles Per Hour (m.p.h)
Elsewhere in Saint Vincent and the Grenadines
20 Miles Per Hour (m.p.h)
30 Miles Per Hour (m.p.h)
Conclusion
Road Trauma is a public health issue in Saint Vincent and the Grenadines. Factors associated with the incidence of trauma on the road are influenced by human behaviour. Illegal driving behaviours are associated with the increased risk of being involved in vehicular accidents, which may result in loss of limb or life and damage to property.
Speeding and drunk driving are all contributory factors to the increased occurrence of accidents. We must exercise our duty of care, not just to ourselves, but to other road users and pedestrians, so that we all can use our roads safely.
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