Justice
December 13, 2006Government
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.