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 considers 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
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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 with 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 a 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.
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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 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 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 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
