On November 13, 2023 a taxi operator caused the death of not one, not two, but five individuals who were passengers in his motor vehicle. Jamaicans were shocked and hurt at the news. The emotional wounds of the loved ones of the deceased were worsened as was evidenced by their public outcries when the sentence for the plea of guilt to five counts of causing death by dangerous driving was handed down: Eighteen (18) months on each count, suspended for three years, three years’ driver’s licence disqualification, and a payment of $500,000 to the family of each person who died and to the single survivor.

This meant that, after recklessly causing the death of five people, one of whom was a 15-year-old schoolgirl, that driver did not have to spend a day in prison, and a family that may have lost a breadwinner only received $500,000 at the end of the criminal process.

Jamaicans, within the last few years, have increasingly had to deal with the trauma, whether directly or indirectly, of the reckless and wanton disregard for life by several road users. Only a few days ago there was news of an accident allegedly caused by two cars engaged in a race on a public thoroughfare which resulted in the death of four teenagers who, from all accounts, were not engaged in any reckless or careless use of the road.

A nation that has lost 291 individuals in 10 months in road fatalities is a nation that has a serious issue. This issue can be fixed by addressing a few key factors that either contribute to or will help to alleviate the problem. Firstly, the law has to be amended so that it has more ‘bite’. Similar to the current debate concerning another law that applies to the other scourge on our society, so too we must quickly and critically examine the laws related to road traffic incidents.

The Road Traffic Act of 2018, which along with the Road Traffic Regulations, 2022 came into effect on February 1, 2023, governs the use of the road and the stipulates the penalties for situations as described above. The sections of the Act that are most applicable are Sections 58 – 60. These sections detail the offences of careless driving; reckless/dangerous driving; causing death by dangerous/reckless driving. A person charged under Section 58 (reckless/dangerous driving) may also be charged for manslaughter based on the circumstances.

The section that is most relevant to the carnage on our roads is Section 60 – causing death by dangerous/reckless driving. The penalty for this offence as detailed in Schedule Two of the Road Traffic Act, 2023 is imprisonment for a term not exceeding five years and a disqualification from holding a driver’s license for 12 months from the date of conviction.

In practice, as we have seen, there is almost never a custodial sentence given. Whilst I would never advocate for the removal of the judge’s discretion in determining sentences, I am of the opinion that the law should be amended in such a way that it is a deterrence. This can possibly be through raising the maximum prison sentence and fine allowing the judge room to hand down harsher penalties whilst not removing their discretion. It is important that this discretion is maintained, because there are indeed situations in which someone may have had a lapse in judgement which causes a fatal crash, but does not involve the negligence and recklessness that would necessitate harsher sentences.

The other issue that contributes heavily to the incidents of serious road crashes is the use of drugs and alcohol whilst driving. Section 66 of the Road Traffic Act makes it an offence to operate a motor vehicle whilst under the influence of either. Yet almost all of us can recall an incident or two in which we see individuals driving while smoking marijuana or drinking alcohol. Curiously, these activities don’t seem to shock the conscience of most people, and we clearly fail to see the correlation between this practice and road accidents.

Paragraphs one and two of the Fifth Schedule of the Act stipulate that the penalty for breaching Section 66 is a $50,000 fine or 14 days in prison. This certainly is inadequate, particularly based on the words of Paragraph 1: “…under the influence of alcohol or drugs to such extent as to be incapable of having proper control of vehicle”. How can the consequence for being so under the influence that your sensibilities and judgement are impaired be a fine of $50,000!

So, whilst I am not advocating for harsh penalties for a man or woman having a beer or one drink, it is the effect of the alcohol on the person that is important. It is the effect that causes the crashes.

Thirdly, we must seek to be more strident about clamping down on illegal purchases of driver’s licences and other documents required to operate a motor vehicle. There are too many illiterate people with little to no reasoning ability or judgement being allowed to traverse our roadways. The reckless and wanton disregard for lives in this country has got to end.

Patrice Riley is an attorney-at-law. Send comments to the Jamaica Observer or patricerileylaw@gmail.com.