Motorists in Guyana should not be detained, sent to police stations, or deprived of their vehicles and key documents for a range of common traffic offences that are meant to be handled by ticket, according to Attorney General and Minister of Legal Affairs Anil Nandlall. His comments have raised concerns regarding the rights of drivers during traffic stops and whether some police officers are exceeding their legal authority under Guyana’s traffic laws.
During his weekly programme, Issues in the News, Nandlall noted that there has been significant public response to the issue, with many individuals contacting him after he previously addressed the concerns regarding the detention of motorists or the withholding of their property for offences classified as ticketable. He explained that the legal framework was intentionally modified years ago to prevent drivers accused of minor traffic violations from being taken to police stations, where they could wait for extended periods or have their licenses, insurance, and vehicles confiscated.
Nandlall stated that the introduction of ticketed offences was aimed at allowing police officers to issue tickets for traffic violations, enabling the legal process to proceed without unnecessary detention. He mentioned that there are approximately 37 offences categorized as ticketable, which include:
- Driving an uncertified motor vehicle
- Driving without a driver’s licence
- Failing to produce a licence
- Refusing to provide a present address
- Breaching the conditions of a provisional licence
- Exceeding the speed limit
- Failing to stop when required by a police officer in uniform
- Failing to equip a vehicle with seat belts
- Failing to wear a seat belt
- Leaving a vehicle in a dangerous position
- Riding a motorcycle without a safety helmet
Nandlall indicated that the list of ticketable offences, along with associated fines and relevant provisions of the Road Traffic Act, would be made available to the media for public awareness. He emphasized that if an offence falls within the ticketable category, the law does not permit police to detain individuals or their property based solely on the officer’s belief that an offence occurred.
He cautioned that police officers who fail to adhere to this legal framework and instead detain motorists or seize their vehicles or documents could face serious repercussions, including lawsuits for false imprisonment, wrongful arrest, and unlawful detention of property. Nandlall also mentioned that criminal charges could be applicable in certain cases. He noted that as Attorney General, he often has to defend the police in court against allegations that contradict the law, suggesting that stronger measures may be necessary against officers who violate the ticketing system.
His remarks have prompted renewed scrutiny of traffic stops in Guyana, particularly concerning complaints from motorists about being forced off the road and into police stations or having their documents and vehicles withheld for offences that should be addressed through ticketing.
Source: hgptv.com
