Breaking News: Landmark decision in EVR challenge
A judge ruled today that a driver who landed almost $20,000 in fines for repeatedly driving through electronic vehicle registration (EVR) cameras should only have been dealt with for one ongoing offence.
The landmark decision by Justice Ian Kawaley was the first time an appeal of this kind has been upheld. It is significant for many other drivers who have been landed with high financial penalties for multiple EVR offences.
Lawyer Alan Dunch launched the appeal on behalf of motorist Richard Cox, 50, from Devonshire, who committed the multiple offences in ignorance of the fact that his vehicle was unlicensed and uninsured.
Mr. Dunch persuaded the judge to replace the original $19,250 for eleven counts of driving uninsured and eleven of driving unlicensed with a $4,875 total for just one of each offence.
Speaking after the case, Mr. Dunch said other drivers who have racked up similar fines – such as Carlos Simas who was handed a record $63,000 fine on Wednesday – will still have to launch their own appeals.
However, he said the case established legal principle: “What the judge has said is that it is wrong in law to impose the same and multiple fines for offences of this sort based on what’s called the totality principle.”
The EVR system came online in July and Government announced last month that it had yielded some $267,000 in fines by the time an August report was compiled.
For more on this story and reaction to the news, see tomorrow’s edition of The Royal Gazette.
