November 25, 2024

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Gov’t concerned about high incidences of drunken driving resulting in road traffic accidents

─ Drivers reminded of provisions in Motor Vehicle and Road Traffic (Amendment) Act 2022

The Government of Guyana continues to be concerned about the high incidences of drunken driving on our roadways resulting in road traffic accidents, including tragic fatalities. As a result, the Attorney General’s Chambers and Ministry of Legal Affairs consider it opportune to remind the public, more particularly drivers, of the provisions of the Motor Vehicle and Road Traffic (Amendment) Act 2022.

 ●    Creation  of  new  criminal  offences:

Section 2 of the Amendment Act inserts a new section 35A into the Principal Act which creates the offences of motor manslaughter and causing grievous bodily harm when driving under the influence of drink or drugs.

A person will be found guilty of motor manslaughter where that person causes the death of another person while driving under the influence of drink or drugs to such an extent as to be incapable of having proper control of the vehicle. The penalty for conviction of this offence is  NOT  LESS  than  10  years.

Where the person causes grievous bodily harm to another person, while driving under the influence of drink or drugs to such an extent as to be incapable of having proper control of the vehicle, the penalty for conviction is  NOT   LESS than  5  years.

 ●    Disqualification  from  holding  or  obtaining  a  licence

Additionally, under section 2 a person convicted of motor manslaughter or causing grievous bodily harm while driving under the influence of drink or drugs will be disqualified from holding or obtaining a licence for 3 years. These 3 years will start to run from the time the person is released from prison. Moreover, a person convicted for a second time for a like offence will be permanently disqualified from holding or obtaining a licence.

By virtue of section 5 of the Amendment Act, a person who is convicted of the offence of driving a motor vehicle under the influence of drink or drug under section 39(1) of the Principal Act will be disqualified from holding or obtaining a licence for 12 months. Where a person is convicted of two consecutive offences of driving under the influence of drink or drug, he or she will be disqualified from holding or obtaining a  licence for  24  months,  and where there is a  third conviction the person will be permanently disqualified from holding or obtaining a licence.

Under section 6 of the Amendment Act, a person charged two consecutive times with the offence of driving or being in charge of a vehicle while breath or blood alcohol levels exceed the prescribed limit under section 39A(2) of the Principal Act will be disqualified from holding or obtaining a licence for 24 months.

 ●    Temporary     suspension     and     surrender     of     a     licence     pending     the

 determination  of  a  charge

Section 2 of the Amendment Act inserts a new section 38A into the Principal Act which  gives  the  court the discretion  to  temporarily  suspend  the  licence of a person  who has been charged for a second time with any of the following offences:

–     motor manslaughter and causing grievous bodily harm while driving under the influence of drink or drugs (section 35A);

–    driving under the influence of drink or drug (section 39) or;

–     driving or attempting to drive or being in charge of a vehicle while breath or blood alcohol levels exceed the prescribed limit (section 39A).

Moreover,  where a  person is charged for a  third time with any of the said offences the court must order the suspension of their licence pending the determination of the charge.

Where a person’s licence is suspended under this section, he is required to surrender his or her licence to the court failing which he or she shall be guilty of an offence which attracts a fine of G$100,000 or imprisonment for 3 months.

 ●    Harsher  Fines

Under section 5 of the Amendment Act, the penalty for the offence of driving a motor vehicle while under the influence of a drink or drug under section 39(1) of the Principal Act has been increased to NOT LESS than G$200,000 (or imprisonment for twelve months) for the first offence. For a second or subsequent conviction, the fine has been increased to NOT LESS than G$300,000 and imprisonment.

Under section 6 of the Amendment Act, the penalty for the offence of driving or attempting to drive or being in charge of a vehicle while breath or blood alcohol levels exceed the prescribed limit has been increased to G$200,000.

 ●    Police   Officers   must   ensure   that   the   breathalyzer   instrument    is    in

 satisfactory    condition    and    properly    calibrated    before    administering

 a breath  test

Section  8  of the Amendment Act amends section 39C of the Principal Act by inserting a new subsection 2A which places an obligation on the constable operating a breath analyzing instrument to ensure that it is in satisfactory condition and that it is properly calibrated. Further, this section has been amended to place an obligation on the constable to certify that the instrument used by him was in a  satisfactory condition and properly calibrated in accordance with the section.

Postscript:   Copies of the Intoxicating Liquor Licensing (Amendment) Act 2022 can be obtained at an affordable price from the Parliament Office, Public Buildings, or   can   be   accessed   for   free   on   the   website   of   the   Official   Gazette   at:

https://officialgazette.gov.gy/images/gazette2022/nov/Extra_15NOVEMBER2

 022Act17of2022.pdf