drivers' licences under a law passed yesterday in the House of Assembly.

After hinting at it last week, Transport Minister the Hon. Ralph Marshall made a change to his Traffic Offences (Penalties) Amendment Act 1993 that will give more discretion to magistrates.

The Act, which also eliminates mandatory jail terms for traffic offences other than impaired driving, must still clear the Senate before it becomes law.

The amendment introduced by Mr. Marshall yesterday followed Opposition criticism of the Act last week. But the Transport Minister said he was "uncomfortable'' with the law as proposed before the debate began, and had discussed such a change with the Attorney General's chambers.

For speeding offences which provide for a mandatory licence disqualification, "we've taken away the minimum (period of disqualification), and merely said what the maximum is,'' Mr. Marshall told the House.

The traffic law changes are a response to the Criminal Justice Review Board report of Judge Stephen Tumim, who said too many young people were jailed for traffic offences and that magistrates should have more discretion.

The law also ends the practice of magistrates imposing consecutive periods of disqualification, which has some drivers off the road until the turn of the century.

And it provides that drivers now facing disqualifications -- regardless of how long they are to last -- will have their slates wiped clean six months after the law takes effect, provided they commit no further offences in that time.

Shadow Transport Minister Mr. Walter Lister welcomed the change, saying magistrates should be allowed to use "good common sense and good judgment.'' But the Progressive Labour Party should receive the credit, he said.

"If I was the Minister, and I had some reservations about a bill, I wouldn't have presented it,'' Mr. Lister said. "It seems rather funny to me that he only made that amendment after it was brought to his attention by the PLP.'' Mr. Lister also called for the "amnesty'' for disqualified drivers to take effect immediately, not six months after the law is passed. But Mr. Marshall rejected that.

"We've tried to reach a balance that is reasonable,'' Mr. Marshall said.

Drivers who now face suspensions that are shorter than six months will not like the time frame chosen, but those facing more than six months off the road, "are going to thing it's very reasonable''.

If disqualifications were lifted immediately, "some really bad drivers in Bermuda might be allowed back on the road sooner than they should be,'' he said.

National Liberal Party leader Mr. Gilbert Darrell wanted it stressed that those who drive while disqualified should be jailed for "contempt of court.'' That should not be confused with getting jailed for traffic offences, he said.

The Hon. Ralph Marshall.