Vehicle Inspections

Q: How often does a vehicle need to be inspected in Trinidad and Tobago?

A: According to Regulation 27(1) of the Motor Vehicles and Road Traffic Regulations under the Motor Vehicles and Road Traffic Act 1934, as amended:

v Every year for public service motor vehicles, rental cars, goods vehicles, omnibuses, tractors and trailers

v Every two years for private motor vehicles and motorcycles over five years old

Offences under the Motor Vehicles and Road Traffic Regulations

A lot of road traffic tickets can be beaten with the right advice. Every time I go to Magistrate's Court I see the errors on tickets, but regular citizens don't realise that a lot of those mistakes can result in a ticket being thrown out.

With that being said, I'm hoping the list below will help persons determine whether or not the ticket received from a Police Officer or Traffic Warden is fair and legal. It will also assist in ensuring that your vehicle is fully compliant with the motor vehicle and road traffic laws of Trinidad and Tobago.

The Motor Vehicles and Road Traffic Regulations are contained in the Motor Vehicle and Road Traffic Act 1934, as amended.

  Offences Under the the Motor Vehicles and Road Traffic Regulations

T&T traffic laws: Speeding

After reading the Trinidad Express’ article which tells of the ASP’s ‘warning’ that there will be “Zero tolerance for speeding & drunk driving during the holidays”, I was a little confused as to exactly how the law regarding speeding is going to be enforced in Trinidad & Tobago. 

Firstly, considering that speed guns won’t be here until February 2014, I see this is vacuous rhetoric.

Secondly, however, we all know that speed-guns aren’t the only way to determine whether or not a car is speeding; sometimes we can just tell, right?

In Ohio, USA, in a 5-1 judgement, the case of Barberton v. Jenney, 126 Ohio St.3d 5, 2010-Ohio-2420 determined that a police officer’s "unaided visual estimation of a vehicle's speed is strong enough to support a ticket and conviction”, but this ONLY applies if the officer has been trained and certified by the Ohio Peace Officer Training Academy or similar organization.

We have no such organisation in Trinidad & Tobago or even in the wider Caribbean, or as a matter of fact, nothing even internationally that our TTPS officers are subjected to.

Yet, from my understanding, the ASP is suggesting that a police officer parked at the side of the highway can issue a speeding ticket that will hold up in court? Are we saying that a police officer --who has NEVER been trained in speed estimation--, cannot be wrong? And this is before I raise the issue of the intelligence and education of our officers...

Now, thirdly, we have pacing, which is when the police officer following or "pacing" a suspected speeder uses his/her own speedometer to clock the suspect's speed. This technique has many rules to be followed in the countries that use them and also comes with numerous problems, bringing into question its reliability.

I am in no way condoning speeding, but using arbitrary regulations to “police” speeding will only create problems.

I for one know that if, upon my return to T&T next week, I am given one of these ridiculous tickets, I will definitely test our legal system.


HAPPY HOLIDAYS!!!!

Intoxicated Driving: Criminal and Civil Consequences

Q: What is the law or consequences as [it] pertains to someone driving under the influence of alcohol and [the] passenger dies... what happens to the diver possibly? – by Shoma

A: Criminal—According to the Motor Vehicles and Road TrafficAct 1934, as amended

70. (1) Any person who, when driving or attempting to drive or when in charge of a motor vehicle on a road, is under the influence of drink or a drug to such an extent as to be incapable of having proper control of the vehicle, is liable on first conviction to a fine of eight thousand dollars and to imprisonment for three years and on any subsequent conviction to a fine of fifteen thousand dollars and to imprisonment for five years.

(2) A person convicted of—

(a) two consecutive offences under this section shall, unless the Court for special reasons thinks fit to order otherwise and without prejudice to the power of the Court to order a longer period of disqualification, be disqualified for a period of three years from the date of the conviction from holding or obtaining a driving permit; and

(b) a third conviction for a like offence, shall be permanently disqualified from holding or obtaining a driving permit.

Civil: As a driver, a duty of care is owed to both passengers and pedestrians. As a result, the driver will be held liable for any injuries or death as a result of his drunken driving. However, the driver can rely on the defence of Contributory Negligence to reduce the amount of damages according to the Trinidad & Tobago case: Gunness v Ramdeo (2001)

Also, according to the Limitation of Certain Actions Act 1997, asamended, the injured person or the family of the deceased, must bring a claim within 4 years...

·         5(2)(a) from the date of tort

·         5(2)(b) from the date the injury was noticed

·         5(3)(a) from the date of death