Driving offences

By LEDEDRA MARCHE

Senior FN Reporter

lededra@nasguard.com

A 17 year old behind the wheel is not a crime in The Bahamas, but it is against the law if they do not have a learner's permit and an adult who is the holder of a driver's licence in the passenger seat.

In fact, Inspector Clarence Reckley, officer in charge of Police Traffic Division, says if a young driver is stopped by police and they are accompanied by an adult, but they reveal they possess neither a driver's licence or learner's permit, both the driver and the adult can be reported.

The driver would be reported for driving while not being the holder of a licence or a permit.

The adult, be they the parent or otherwise, who permitted the driver to get behind the wheel, knowing that they don't have a licence would be reported for that offence as well.

Inspector Reckley pointed out that if the adult is allowing that youngster to drive without a driver's licence, they obviously do not have insurance.

In that vein, that adult will be charged additionally.

"There will also be a second charge which would be 'permitting that person to drive while not being covered by a third-party risk insurance,'" he said.

But Inspector Reckley says youngsters commit such offences year round and it has nothing to do with them being on summer break.

"The summer break really doesn't give any increase to these type of offences. It's something that happens periodically throughout the year whereby parents or other adults allow persons who are not holders of a driver's licence to drive vehicles," he revealed.

And, he says, there are instances when a mother, home in the kitchen cooking, remembers she needs a can of tomato paste, and gives the keys to her 15 year old to go to the food store right around the corner.

"Now, if the police stops that teenager while he is going to the shop for his mom, he will be reported and the mother will also be reported," Reckley warned, "even though she wasn't in the vehicle. But she would have given him permission to drive."

Again there would be two charges – permitting him to drive without a driver's licence and permitting him to drive while not having third-party risk insurance.

Reckley wants to dissuade parents from this practice.

"I would take the opportunity to discourage parents from sending youngsters out on errands in the vehicles knowing that they don't have a licence or insurance," he stressed.

"And secondly I would admonish youngsters not to be tempted by peer pressure to remove your parents' vehicles while they're asleep, or while they are not paying attention to go for a joy ride around the block.

"That's all well and good until something happens," he said.

Reckley says the parents usually don't report the child and would simply give the child a tongue lashing when they return, but the police would still go ahead and report the child for driving without a licence and driving without insurance.

"So I take the opportunity to admonish kids not to be tempted. You don't have a licence, you don't have insurance, do not drive until you have attained the proper age and until you can get proper coverage," he advised.

Most traffic matters are not arrestable offences, Reckley explained.

"There are only three occasions when you can be arrested – giving a false name and address, drunk driving, or stealing a vehicle," he said.

When one is reported for driving without a licence, he is required to show up for a court date once he is summoned and pay the fine.

While the amount of the fine is at the magistrate's discretion, Reckley says there are certain guidelines and the fines start from $200.

Bradley Smith, Assistant Controller of Road Traffic, says a learner's permit is granted at 17 years and a teen can apply for a driver's permit even at 16 years and 11 months.

A 17 year old who has a permit and is found driving by himself will likely not be eligible to obtain a licence at least for six months or a year and the owner of the vehicle will, in all likelihood have his licence suspended for at least six months, said Smith.

A permit is good for six months and within that six-month period, Smith says, if one goes through the normal procedures they can attain their licence.

"If you take your written test and you pass and if you go with a driving instructor and they have certified that this person can now fit the practical test, go on a road test, and they have passed, they could have it before their six months is up," he said.

"But if they don't obtain their licence before that six months then they are required to renew the provisional licence."

Every year, the number of new drivers are bumped up each summer, Smith confirmed, adding that a lot of the kids who reach their 17th birthday during the summer break swarm the Road Traffic Department for provisional licences.

Driving without a licenced adult is a serious offence, the Road Traffic official noted.

"It's really a criminal offence because it puts everybody in danger because the individual who takes the vehicle unlawfully, or whether their parents grant them the permission and they take a chance with it, (they) put everyone at risk because they are not covered by insurance and it's extremely dangerous," said Smith.

By law, young drivers are required to have insurance, but the insurance agencies shy away from insuring drivers at a young age which, Smith says, is another problem and another discussion for another day.

"We are currently in dialogue with the insurance agencies trying to see how best we can deal with the situation, he revealed.

From the Road Traffic standpoint, once you reach the eligible age you can obtain your driver's licence, he added, pointing out that insurance companies are telling youngsters they cannot drive because they're not going to be insured.

Parents who use the younger kids to do their errands don't have them on their insurance, even though they have a driver's licence, Smith stressed.

And he stated the insurance payment is "bumped up extremely high" for those who are insured.

So technically, those who have a learner's permit or driver's licence are doing so illegally because they are not insured.

TEEN DRIVER — It is against the law for teenage drivers with a learner's permit to get behind the wheel without an adult driver in the passenger seat. This model demonstrates to other youngsters what not to do. (Photo by TAMARA DELANEY)

© 2006 The Freeport News