Log In

Reset Password

Furbert: Drunk driving liability could be extended to bar owners

Bar owners and party hosts could become legally liable if they allow a customer to drink then drive and cause an accident, Transport Minister Wayne Furbert said yesterday.

He warned MPs: "I'm not saying we won't consider that in the future.'' Mr. Furbert was speaking as the House of Assembly debated new, get tough proposals on driving after drinking or taking drugs.

Opposition MP Reginald Burrows said that while individuals had to be responsible, party hosts bore an obligation to ensure their guests did not drive after drinking too much.

And he added they could be legally obliged to share the blame if a guest got into an accident on the way home.

The House heard that it is already law in some American states that, if an over-the-limit driver causes injury to someone else, the bar he was drinking in can be held partly liable.

Mr. Furbert added later: "There are places, like the US, much more draconian than us.

"If these things had to considered in the future we might have to do it. But it's not something we are going to push forward.'' Mr. Furbert called on members of the public to blow the whistle to Police if they see a driver or cyclist who seems drunk and incapable of driving.

He added people who threw parties had a responsibility to their guests to make sure they did not drive drunk.

Mr. Furbert said: "A responsible host should not allow people to get into such a state that they leave a house and cause an accident one way or another.

Bar owners may be held liable "I would have thought that as a responsible host that person would have feelings of guilt that they have played such a part.'' He added: "Hosts should take someone home or call a taxi and have them taken home.'' The legislation, which passed its second reading last night, will give Police new powers to take suspects involved in accidents causing death or serious injury straight to hospital so they can be tested for drink or drugs,, including prescription as well as illegal drugs.

And the bill will give Police the legal right to carry out roadside testing using hand-held breath analysers.

Police will also be allowed to swear out a warrant from a Justice of the Peace for testing for alcohol if someone has been involved in a serious accident or was driving at any time in the preceding twelve hours.

Also on the cards is a three-month discount on the mandatory one year ban for first-time drink driving offenders -- if they complete a special programme designed to educate them about the dangers of driving while under the influence.

The controversial clause which allows Magistrates discretion to only ban drink driving offenders from some classes of vehicles will also be abolished.