Justice
December 13, 2006

Government Gets Tough on Repeat Traffic Offenders and Delinquent Fine Payers

To deal more effectively with convicted persons who repeatedly break provincial laws related to road safety and to improve the collection of fines owing to the province by delinquent fine payers, the Government of Newfoundland and Labrador has amended the Highway Traffic Act and the Provincial Offences Act.

During debate in the House of Assembly, the Honourable Tom Marshall, Minister of Justice and Attorney General, said despite current legislative and regulatory mechanisms in place to deal with offenders and improved efforts to collect outstanding and delinquent fines owing to the province, the number of repeat offenders who continue to engage in illegal activity without consequence is significant.

�The Williams government is sending a message,� said Minister Marshall, �We will no longer tolerate the compromise of public highway safety by certain individuals who continue to flaunt the law by engaging in the commission of offences whereby they are driving without a licence, driving without insurance, or driving without proper vehicle registration. Those who continue to do so may be incarcerated.�

The amendments to the Highway Traffic Act and Provincial Offences Act will:

  • Provide that a person convicted of driving while suspended, driving without an authorized licence and driving without insurance for a second, third or subsequent offence within a prescribed period of time, could face incarceration at the discretion of the court;
  • Require a statement of finances from a person defaulting in the payment of a fine;
  • Summon a person to the court to answer why he or she has not paid a fine which is in default;
  • Give the court the discretion to incarcerate a person with a history of defaulting in the payment of fines when that person has the ability to pay the fine but chooses not to do so;
  • Allow the minister to garnish a lottery prize valued at $1,000 or more where the person who won the prize is in default of a fine; and
  • Clarify that a person having authority to issue an instrument, such as a licence or permit under an act of the Legislature may, in addition to the existing powers, suspend that instrument until an outstanding fine is paid or arrangements to pay are negotiated.

�Allowing persons who continue to choose not to pay a fine, to ignore the legal penalties imposed on them, and to flaunt the law by engaging in the commission of these offences erode public confidence in the administration of justice, and deny the province significant monies that could be invested in health care, education infrastructure and economic development,� said Minister Marshall.

The minister said the provinces of Alberta, Nova Scotia, New Brunswick and Saskatchewan have introduced a variety of similar measures and commenced pilot projects to deal with repeat offenders, to address safety issues, to deter and punish repeat offenders, and to improve collection efforts. It is anticipated that the amendments to the Highway Traffic Act and Provincial Offences Act will come into effect as soon as possible and will apply generally throughout the province.

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Media contact:
Bill Hickey
Director of Communications
Department of Justice
709-729-6985, 691-6390
billyhickey@gov.nl.ca

2006 12 13                                         3:15 p.m.


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