As Saint Lucia continues to record a number of vehicular collisions in recent weeks, attention has turned to the demerit point system established under the Motor Vehicles and Road Traffic Act, a legislative mechanism designed to address repeat traffic offenders.
The system is set out in Section 179, which provides that demerit points are recorded only after conviction for specified offences. The Act states:
“Where a person has been convicted under this Act or the regulations of an offence set out in Schedule 2 the Licensing Authority shall record… the number of demerit points set out opposite that offence.”
Where a conviction is appealed, the law is clear that:
“No demerit points shall be recorded… unless the conviction is confirmed on appeal.”
The offences that attract demerit points are listed in Schedule 2. Serious violations commonly associated with road collisions carry the highest penalties, including dangerous driving, not stopping after an accident, and not reporting an accident involving injury, each attracting seven demerit points. Excessive speeding and failure to obey traffic signals also carry significant point penalties.
The system is cumulative, with consequences escalating as points accumulate. Where a driver accrues more than 10 but fewer than 14 points within two years, the Act requires that:
“The Licensing Authority shall cause a notice to be sent… informing him or her of the total number of demerit points recorded.”
Mandatory suspension applies at higher thresholds. The Act provides that:
“If, within a period of one year, a total of 10 or more demerit points have accumulated… the Licensing Authority shall suspend the driver’s license… for a period of 6 months.”
Where 18 or more points accumulate over a longer period, the suspension increases to one year.
Driving during a demerit-based suspension is itself a criminal offence. The Act states that a driver who does so:
“Commits an offence and is liable… to a fine not exceeding $2,000 or to imprisonment… not exceeding 6 months or to both.”
The legislation also allows for expungement. Where three years pass without further offences, or where a suspension of three months or more is served, the Act requires that:
“The Licensing Authority shall cause those points to be expunged.”
As collisions continue to raise public concern, the demerit point system remains a key legal tool aimed at identifying patterns of dangerous driving and removing repeat offenders from the road before more serious harm occurs.