Road Traffic (Amendment) Act 2025
The Vehicles and Road Traffic (Amendment) Act, 2025, of Saint Christopher and Nevis, introduces significant changes to the existing Vehicles and Road Traffic Act, Cap. 15.06, aiming to enhance road safety and law enforcement. The amendments cover a range of areas, including increased penalties for existing offenses, the introduction of automated enforcement mechanisms, a framework for public submission of video evidence, and the establishment of a reward system for individuals contributing to successful convictions.
Key amendments include increased fines for speeding, driving under the influence, reckless driving, and careless driving. For instance, the fine for exceeding the speed limit has been doubled from $2,000 to $4,000. Penalties for driving under the influence have also been significantly increased, with a maximum fine of $10,000 and a one-year imprisonment term for a first offense, and a maximum fine of $20,000 and a two-year imprisonment term for subsequent offenses. The amendments also address reckless and dangerous driving, differentiating penalties based on whether bodily injury is caused, and increasing imprisonment terms for repeat offenders.
The Act introduces the concept of “automated notices” for traffic violations captured by camera and sensor systems, specifically for speeding and running red lights. These automated notices function as complaints and summonses, streamlining the prosecution process. The registered owner of the vehicle will receive the notice, and the relevant provisions of the existing Act regarding notices of intended prosecution will apply to these automated notices as well. This automated enforcement mechanism aims to enhance efficiency in prosecuting traffic violations.
A new Part VIII, titled “Public Reporting of Offences,” establishes a legal framework for citizens to submit video footage of road traffic offenses to the police. This framework addresses the admissibility of such evidence, stipulating that the footage must be relevant, accurate, and unaltered. Provisions are included for submitting evidence by affidavit, with specific requirements for notice and inspection to ensure fairness. The Director of Public Prosecutions will review the submitted footage to determine its admissibility in court. This citizen-reporting mechanism empowers the public to play a more active role in maintaining road safety.
Furthermore, the amendment introduces provisions for anonymous evidence, allowing witnesses who provide video footage to protect their identity if they fear for their safety or potential harassment. The court must be satisfied that anonymity is necessary, and the witness’s identity will be disclosed to the judge in a sealed record. This provision encourages public reporting by addressing concerns about potential repercussions for witnesses.
To incentivize public participation in reporting traffic offenses, the Act establishes a “road safety incentive” of up to $5,000, payable by the convicted perpetrator to the individual who submitted the admissible video footage that led to the conviction. This payment is enforceable as a court-ordered penalty and is in addition to other penalties imposed. The court will consider the circumstances of the footage acquisition, its relevance and reliability, and other relevant factors when determining the incentive amount. This reward system encourages public reporting and active contribution to road safety.
The Act also includes provisions to prevent the misuse of the video evidence submission system, specifically prohibiting the solicitation, acceptance, or offering of payment in exchange for withholding footage. It also prohibits the destruction, manipulation, or discarding of footage of suspected offenses. Violations of these provisions are punishable by a fine not exceeding $10,000, imprisonment for up to one year, or both. This ensures the integrity of the evidence-gathering process and discourages corrupt practices. Finally, the Third Schedule of the Act is amended to include specific fines for failing to observe traffic signs ($250) and for violations of child safety regulations ($500), further strengthening the enforcement of traffic laws and promoting child safety on the roads.
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