By Martina Johnson - Friday, October 26th, 2012.
ST JOHN?S, Antigua ? Senators yesterday gave the stamp of approval to make driving without a licence an unlawful act once again ? 12 years after the offence was unintentionally removed from the law books.
But before police could resume slapping handcuffs on people for driving without a licence, the amendment must be endorsed by the governor general.
Once the approval is given, anyone caught in breach of the law under the Vehicle and Road Traffic (Amendment) Act 2012 would again face a penalty of up to two years in jail and/or a fine not exceeding $5,000.
Efforts to correct the mistake come several months after Commissioner of Police Vere Browne brought it to the attention of the Ministry of Legal Affairs.
Senator and attorney Sylvia O?Marde expressed disappointment it went unnoticed for so long.
?As a lawyer I?m a little disheartened that something like this happened and not one of our lawyers, including myself, in Antigua noticed this grave matter. It is a serious matter ? luckily this has been caught and happily we are here to correct it,? O?Marde said.
Senator Lennox Weston expressed a similar view, adding that it is also unfortunate that the mistake escaped legislators, magistrates and police for over a decade.
But while the authorities are addressing the matter, there was no response to queries from Senator Arthur Nibbs, who asked what can be done with respect to individuals convicted during the 12-year period, when driving without a licence was not an offence.
Attorney Steadroy ?Cutie? Benjamin, had earlier suggested persons may be entitled to sue.
Ever since the police noted the error, they ceased charging individuals for driving without a licence, but continued to prosecute them for driving without insurance.
That is because an individual who drives without a licence is not covered by insurance.
It was on July 13, 2000 that authorities made amendments to the Act and accidentally repealed Section 30, Cap 460, that initially made it an offence to drive without a licence.
The amendment had also removed the penalties.
(More in today?s Daily OBSERVER)
Source: http://www.antiguaobserver.com/?p=83034
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