Strong laws must also be fair

THE EDITOR, Madam:

Few would argue against stronger measures to improve road safety. Every life lost on our roads is one too many, and those who consistently endanger others should face meaningful consequences. The government’s decision to introduce a demerit points system is therefore a welcome step towards encouraging safer driving.

The question is whether every offence proposed to attract demerit points advances that objective.

The purpose of a demerit points system should be clear: to deter dangerous behaviour and identify drivers whose actions pose a persistent risk to others. Offences such as reckless driving, excessive speeding, driving under the influence, and ignoring traffic signals rightly deserve the strongest sanctions because they directly threaten human life.

However, not every breach of the Road Traffic Act falls into that category.

Mechanical defects and technical compliance issues certainly require enforcement, but they do not always demonstrate the same level of culpability as deliberate or reckless driving. In some instances, a defect may arise unexpectedly during the course of a journey or be capable of being remedied within a short period.

This is where the legislation should distinguish between dangerous conduct and minor compliance issues. A graduated approach, whereby certain non-critical defects first attract a notice to repair within a specified time, with demerit points applying only where motorists fail to comply or repeatedly offend, would preserve accountability while ensuring proportionality.

Good legislation can effectively change social behaviour. Equally important, laws command greater respect when they are seen as fair, balanced, and focused on the problem they are intended to solve.

A demerit points system should make our roads safer while maintaining public confidence in the law. If we strike that balance, Jamaica will have legislation that is not only stronger but smarter and more enduring.

SUJAE BOSWELL