KINGSTON, Jamaica – The Upper House on Friday passed the Road Traffic (Reprieve and Nullification of Prescribed Notices) Act, 2023, after intense debate, as Opposition senators sought to convince the Government to amend the expiration date of the bill from January 31 to April 30, or start afresh with the new Road Traffic Act, relieving motorists of all offences accrued since February 2018.

Motorists with outstanding traffic tickets since February 1, 2018, have only a couple of days of legal protection from prosecution, as the reprieve bill, not yet enacted up to Friday, is set to expire on Tuesday, January 31.

Opposition senators, as their colleagues did in the Lower House on Thursday, lost their bid to have the expiry date amended, to give those who owe a longer period of protection under the law.

The Government has argued that delinquents have had sufficient time since February 2018 to make good on their traffic tickets and would therefore not be afforded more time to pay. The traffic court has been inundated in recent weeks, with thousands of persons rushing to pay, some being given dates months away, to return to court.

Leader of Government business in the senate, Kamina Johnson Smith explained that “Offences under the (old) Road Traffic Act, once the law comes into effect, are now deemed to be offences under the 2018 Act, so they will start to be prosecuted in that regard,” adding, “This not a perfect solution for transition, but it will deal with millions of tickets, millions of demerit points it will ensure that many people… that persons who have had very few and very small infractions will start with a clean slate and it is our hope that it will allow for a resetting for the button of public order on the roads, not only for taxi drivers, but for everyone who drives in an indiscipline manner and do not follow the road code”.

Opposition senator Lambert Brown argued that, “what we are doing now is akin to putting the 1938 Act into the 2018 Act. I agree about the need for safety on the roads, I agree that we want order on the roads, but the failed system that we’re trying to clean up, ought not to be proceeded with. Really and truly what we should do is just call a halt and start brand new”.

Furthermore, he said if persons were to challenge the tickets accumulated over the years, it was improbable that the state would be able to successfully prosecute all offenders: “The reality is we need to admit our failing in Government, the system has failed, and Governments didn’t do the enforcement that was needed. Let’s start with the new legislation, and let us enforce”.

The bill gives persons a period of reprieve to address outstanding matters for the motoring public in respect of notices issued prior to February 1, 2023, under section 116 of the old Road Traffic Act.

Outstanding tickets issued prior to February 1, 2018, and demerit points accrued up to February 1, will be null and void and not carried over to the new law which will come into effect on February 1. For all tickets which are paid by January 31, 2023, the demerit points are to be expunged.