When convicted of a breach of insurance offence the penalty is imprisonment

Dear Editor,

Mr Romeo Randolph of Hogg Island drove his motor vehicle PLL 5706 on the Ruby Public Road, East Bank Essequibo, and was involved in accident with another vehicle resulting in the death of Ramesh Sookdeo. He appeared in court by Counsel, Mr Moses Nagamootoo, and pleaded guilty to the offences of dangerous driving, being an unlicensed driver, and for breach of insurance.  The breach of insurance was as a result of his being an unlicensed driver.  The learned magistrate, Mr Fazil Azeez imposed monetary penalties for the dangerous driving and unlicensed driver, and reprimanded the defendant for the breach of insurance.

The order of the magistrate reprimanding and discharging the defendant for the offence of  breach of insurance reflects the insensitivity of the magistrate to that particular offence,  his lack of  knowledge of what the penalty should be, or whatever consideration impelled him to so do.  The legislature in its wisdom has provided that for a breach of insurance offence the penalty must be imprisonment.  And a person so convicted shall be disqualified from holding or obtaining a driving licence for a specified period of time. And for good reason. It is a serious offence.  If anyone is convicted for breach of insurance, a person who may have suffered loss or damage in an accident will not be compensated by the insurance company.  The legislature has viewed the breach of insurance so seriously it has mandated that should anyone be so convicted and appeals the order of the magistrate he will not be permitted to drive, despite the notice of appeal pending the hearing and determination of the appeal. Court prosecutors should be au fait with the penalties and insist that the courts make the requisite orders.

‘Traffic’ is a specialized field, and traffic policemen and officers should be acquainted with all aspects of the legislation.  Recruits should not be sent out to be traffic officers who willy nilly stop drivers on the roadway to check on ‘papers.’  Can we get the traffic officers not to hold on to drivers’ papers and invite them to go to the police station to await their arrival there? If drivers commit offences let them be issued with tickets. When a policeman holds on to a person’s driving licence he is aiding and abetting the commission of a criminal offence – that is to say – permitting that person to drive without being in actual and physical possession of a driving licence which the law demands. Traffic policemen should have a campaign, now and then, to check on drivers to ensure that they are licensed to so do, and that policies of insurances are in force. Do we see learner drivers on the road? Yet we see an influx of drivers all over the place.

I hope all who are involved take the time to do their work in a proper manner or in the alternative seek other avenues where they may feel more comfortable.

Yours faithfully,
Prem Persaud