Chief Justice Sykes says courts will keep applying demerit points and licence bans

Chief Justice Bryan Sykes has stated that motorists who appear before the courts should still brace for demerit points and the loss of their driving privileges whenever the law demands it, even as the Government moves toward launching the full demerit points framework at the end of September.

That national regime is set out in the Road Traffic Act 2018 and the Road Traffic Regulations 2022.

The Chief Justice issued his clarification on Monday, after Transport Minister Daryl Vaz announced last Thursday that the suspension of the administrative rollout of the demerit points system would end on September 30, with full operation to begin on October 1.

Vaz said motorists who settle outstanding traffic tickets and bring themselves into compliance on or before September 30 would not be negatively affected by the system's commencement.

In his statement, Sykes said drivers appearing in court—including during the Traffic Ticket Public Days scheduled for July 8 and 9—should expect judges to apply the law in line with the relevant legislation.

He noted that offences committed before February 1, 2023 remain governed by the Road Traffic Act, 1938, which requires courts to order the recording of applicable demerit points and, where prescribed, the disqualification of drivers.

"It should therefore be noted that application of the demerit points system, in respect of offences under the 1938 Act, has remained operative and continues to be administered by the courts where the legislation so requires," said Chief Justice Sykes.

The Judiciary also said provisions of the Road Traffic Act, 2018 governing the accumulation of demerit points and the suspension of driver's licences by the Island Traffic Authority have been in force since January 25, 2023, and have continued to be applied by the courts.

It was noted that the 2018 Act preserves important judicial powers, including the authority under Section 35 to disqualify persons from holding or obtaining a driver's licence in prescribed circumstances.

Several provisions also require mandatory disqualification upon conviction for specified offences, including a second or subsequent conviction for careless driving.

"Accordingly, where a person appears before the court and the circumstances require disqualification, the court is obliged to make the appropriate order," the statement said.

Sykes said the clarification was intended to ensure the public understands that the courts "have continued to exercise only those powers expressly conferred by the applicable legislation" and have consistently applied both the Road Traffic Act, 1938, and the Road Traffic Act, 2018, in accordance with their respective commencement dates and the legal obligations imposed by Parliament.