Write ticket, don’t detain for ticketable traffic offences – AG to Police

Attorney General (AG) and Legal Affairs Minister Anil Nandlall on Tuesday reminded members of the Guyana Police Force (GPF) that motorists who commit certain traffic offences should be issued tickets rather than being detained or having their documents or vehicles held.
Speaking on his weekly programme “Issues in the News”, Nandlall said the law was amended to create ticketable offences, with the intention of allowing Police officers to issue tickets for specified traffic violations. He explained that the ticketing system was designed to prevent motorists from being unnecessarily detained after being stopped for offences covered under the legislation.
“Police officers have to write a ticket, and no one should be detained in relation, therefore. That provides for the issuance of tickets for traffic offences. Rather than locking people up or detaining persons. Many years ago, we amended our laws and created a number of ticketed offences, and the whole purpose of creating those ticket offences was to permit the Police to issue tickets to persons if the Police believes that person has committed an offence and not to take away the person’s driver’s licence or the insurance and other documents and direct them to go to the Police station and have them wait for hours already in their vehicles or detain them, in any form or fashion,” Nandlall said.
He added that motorists have the option of accepting the ticket and paying the fine or challenging the matter in court.
“If the person wants to plead guilty, the person can do that and pay the ticket or they can go to court and contest the ticket,” he said.
The AG said there are approximately 37 offences listed as ticketable offences under the Motor Vehicles and Road Traffic Act and related regulations.
“I have a list here of ticketed offences. I can’t read all; there are about 37 offences that carry ticketed offences, meaning that if a Policeman believes that these offences are committed, the Policeman or woman has to write a ticket and no one should be detained in relation,” he said.
Among the offences listed are driving an uncertified motor vehicle, driving without a driver’s licence, failing to produce a driver’s licence, speeding, failing to stop when required by Police in uniform, seatbelt violations, leaving a motor vehicle in a dangerous position, motorcycle helmet violations, and various equipment and road-use breaches.
The listed penalties range mainly from $5000 to $7500, depending on the offence.
Nandlall warned that Police officers who fail to follow the law and instead detain motorists or seize property for ticketable offences could face legal consequences.

Police liable to be sued
“Any Police officer who, instead of issuing a ticket for any of these offences, detained any person or detained their property, their motor vehicle – that Policeman is liable to be sued; they can also be charged,” he said.
“He can be sued for false imprisonment; he can be sued for constitutional breaches of liberty. He can be sued for detention of property and a whole host of several grounds and constitutional violations,” Nandlall added.
The AG said that while he has a responsibility to defend members of the Police force, when necessary, action would be taken against officers who violate the law.
“As an Attorney General when these things happen, I’m not going to play. I have to defend the Police when these things happen, and some measures will have to be taken in relation to the Policemen and women who are violating the law in such a careless manner,” he said.
The ticketable offences list under the Motor Vehicles and Road Traffic Act, Cap. 51:02, also includes offences such as improper vehicle lighting, defective equipment, unnecessary sounding of horns, overloading, breaches involving drivers, conductors and passengers, and bicycle and tricycle safety violations.