Regulations on using technology to prosecute traffic offences being pursued - Chuck

Jerome Reynolds, Assistant Editor-Online  

Justice Minister Delroy Chuck has indicated that efforts are being made to iron out issues surrounding the promulgation of new regulations governing the use of technology in prosecuting road traffic offences.

“To the best of my knowledge, provisions are being put together to allow vehicles [to be] ticketed based on video or photographic evidence,” Chuck tweeted this afternoon in reply to concerns raised about the police’s handling of the case of a bus driver who was photographed making an illegal U-turn on a pedestrian crossing along Constant Spring Road, St Andrew.

The viral image has stirred debate about the prosecution of traffic violators.

The police yesterday indicated that the driver was located and questioned and that the vehicle was seized.

Contacted today by The Gleaner, the police’s Corporate Communications Unit said that the matter was still being probed by the Transport Authority.

In a series of tweets today, the police force appealed to individuals who capture videos or pictures of traffic violations to come forward and give statements so that the matters can go before the court.

If the Police do not have the maker of the footage, it cannot be put into evidence by merely stating it was taken from the internet. There would be no connection between the making of the video & the officer who received it from the internet, hence the need for the witness/maker.

— Jamaica Constabulary (@JamaicaConstab) September 12, 2019

“If the footage is to be used in court, it has to be authenticated by either the maker or a witness of the traffic violation who was on the scene. The public is reminded that the centre of any trial is fairness to the accused; hence, we must authenticate the footage,” reads one of the tweets.

Chuck said that the law will make provisions for evidence supplied by technology to be admissible in traffic matters.

To the best of my knowledge provisions are being put tgether to allow vehicles 2 b ticketed based on video or photographic evidence.While the DPP is correct for serious criminal offences,the law will provide that evidence supplied by technology will be effected in traffic matters https://t.co/A2PecQPWaV

— Delroy Chuck (@Delroychuckjm) September 12, 2019

The justice minister disclosed that there were some technical issues “and other modalities” being worked out by a number of related ministries and agencies with regard to the regulations.

In Photo: Justice Minister, Delroy Chuck

According to him, the permanent secretary in the Ministry of Transport has indicated that these challenges are being given priority treatment.

“The new regulations are scheduled to take effect as soon as possible,” the justice minister said.

The regulations are connected to the new Road Traffic Act, which was passed in 2018 but has yet to come into operation.

The legislation makes provisions for the responsible minister to make regulations for the electronic monitoring and surveillance of vehicles, the electronic detection and recording of offences committed against the act, and the method of charging for such offences.

READ: Gov't proposes electronic road traffic surveillance and enforcement system

It also allows for notices of breaches to be served in person, by post to the offender’s last known address, or by electronic means.

A ministry paper tabled in Parliament in July indicates that the Government is proposing to set up an electronic surveillance system that will be used to detect and enforce road traffic breaches.

In a ministry paper, Cabinet explained that under the proposed system, unmanned electronic devices will be used to capture violations.

Owners or drivers of motor vehicles causing infractions will be sanctioned in keeping with the Road Traffic Act and Regulations.

Additionally, under the legislation, the Island Traffic Authority has been given the function to, among other things, monitor and inspect vehicles by electronic monitoring and surveillance and install on, or near, any road such devices as may be approved by the minister for the purpose of detecting or recording, by electronic means, offences against the act.

Additionally, Cabinet has approved a framework for engaging private citizens with the electronic surveillance system for the purpose of implementing a programme of advanced video-enforcement technology to improve road safety.

It has been explained that video technology is to be used to detect red light infractions, speeding, prohibited turns, and improper lane use.

Last month, Transport Minister Robert Montague disclosed that a total of 490 traffic cameras had been installed in sections of the island in keeping with the proposed system.

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