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The Ministry of Works and Transport is advising all motorists that the implementation of the long-delayed Demerit Points System will finally begin on Wednesday 27th May 2020. Errant drivers in violation of offenses and violations found in the 9th Schedule of the Motor Vehicles and Road Traffic Act can have demerit points recorded on their driving records. Scroll to the end of this article for a listing of traffic violations and offenses that carry demerit points or hit the button below for the PDF version. What is the Demerit Points System? The Motor Vehicles and Road Traffic Act was amended in 2017, and brought the Judiciary, representatives of the Ministry of Works and Transport, the Office of the Attorney General and Ministry of Legal Affairs, the Trinidad and Tobago Police Service, TTPost and other stakeholders into a collaborative working relationship, to implement a new traffic system. The Demerit Points System – utilised to monitor, track and improve the road behaviour of drivers, was conceived and implemented as a part of this transformative traffic system. How does the Demerit Points System work?
Why do we need the Demerit Points System?
How does the Demerit Points System affect me as a driver?
How are Demerit Points calculated for experienced drivers? How are Demerit Points calculated for newly licensed drivers? Note: There are no demerit points for traffic violations detected by automated cameras e.g. red-light and spot speed cameras. Double Demerit Points Statistics show an increase in road fatalities and serious accidents during certain periods e.g. long weekends, Easter, Carnival, Christmas and New Year’s Day Holiday Season. To ensure safer roads, demerit points may be doubled for specified traffic violations during these periods. For example, driving while holding or using a handheld mobile device carries three (3) demerit points. During the double demerit points period, this traffic violation will carry six (6) demerit points. The public will be notified of the implementation of double demerit points by way of publication in the daily newspapers, at least five (5) days prior to its commencement. The period allocated to double demerit points will not exceed ten (10) consecutive days. Recording Simultaneous Demerit Points
Disqualification Process for Driving Permits Step 1 If you accumulate or exceed the threshold of demerit points and are subject to disqualification, the Licensing Authority will notify you in writing prior to disqualification. Step 2 Once you receive this notification of impending disqualification, you can explain in writing to the Licensing Authority, why your driving permit should not be suspended. Step 3 Where you fail to show good reasons, the Licensing Authority will inform you of the disqualification. The disqualification will take effect fourteen (14) days after the date of the notice. Step 4 You will then be required to surrender your driving permit to the Licensing Authority, according to the instructions given in the notification letter [Step 1]. Step 5 Failure to surrender your driving permit to the Licensing Authority is an offence that carries a fine of Five Thousand Dollars ($5,000.00) and further disqualification for an additional period of one (1) year. Step 6 A driving permit disqualified by the Licensing Authority during the period of suspension, will be invalid. You are committing an offense if you drive while your driving permit has been suspended. Step 7 When the disqualification period expires, all demerit points recorded against your driving permit record will be expunged or removed. Contesting Your Disqualification The Licensing Authority is required to specify when suspension will occur, not less than fourteen (14) days after the date of the notice. A person who is disqualified from holding or obtaining a driving permit may appeal to a Court within fourteen (14) days of the receipt of the notice. Regaining Your Driving Permit After Disqualification At the end of their disqualification period, to regain permission to drive, a driver must go into the Licensing Authority and file an application to be issued a driving permit. They are then required to undertake the following actions: Step 1 Participate in a driver’s rehabilitation programme approved by the Licensing Authority. This can be defensive driving or some other accredited programme similar in nature. Step 2 Re-sit and pass a driving test and regulation examination. Step 3 Pay the prescribed fee for the re-issue of the driving permit. Expunged Demerit Points Demerit points will remain on the record of a driver for a maximum of two (2) years. After two (2) consecutive years have passed without the driver accumulating additional points, the existing number of demerit points will automatically be expunged or removed from his/her driving permit record, therefore returning the driver’s record to zero. Demerit points are expunged from a driver’s driving permit record under two (2) conditions:
Demerit Points for Traffic Violations and Offenses Please see the table below for a listing of traffic violations and offenses that carry demerit points under the 9th Schedule of the Motor Vehicles and Road Traffic Act. Note: Where there is no fixed penalty fine stipulated, this is an offense or violation that is not subject to the Fixed Penalty Traffic Ticketing System. In that instance, demerit points will be recorded only upon conviction before a Court. [Source]
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