MPs tighten drunk driving laws
Furbert pledged yesterday.
He told the House of Assembly the new bills were designed to bring in new offences and harsher penalties in a bid to cut down on carnage on the roads caused by drunk driving.
Mr. Furbert was speaking as he introduced the Road Traffic Amendment Act 1997, which creates new offences of causing grievous bodily harm or death while driving under the influence of alcohol or drugs.
The House heard the GBH offence will be punishable by up to ten years in jail, while causing death could result in 14 years in prison.
Mr. Furbert said: "The legislation is simple -- it sends a simple message. It says if you drink, don't drive.'' He added the legislation took longer to draft than expected because it was complex and involved Constitutional issues.
He said some of the new legislation was prompted by "a public outcry'' over some cases where people were banned from some vehicles and not from others.
Mr. Furbert explained: "There was a request for Government to deal with it -- there was an outcry from the public and from doctors.'' He added: "Drinking drivers play Russian roulette with our lives. They take chances and put other lives at risk.
"Drunk driving is not an accident. Those killed and injured in drunk driving collisions are not accident victims. Crashes caused by impaired drivers involve two choices -- to drink and to drive.'' He said the average accident victim was a 34-year-old man involved in a single vehicle accident in Pembroke Parish between 2 a.m. and 4 a.m. on a Sunday morning -- and that speeding and alcohol were the two main factors involved.
He added that alcohol could be involved in as many as 90 percent of accidents -- and said a loophole in the law that meant accident victims could not be tested for drink or drugs in hospital would be closed.
Shadow Transport Minister Dennis Lister said that what was needed was an "entire package'' -- including a look at how drinking was encouraged.
He said: "The sale of those cold alcoholic beverages is certainly encouraging drinking and driving. If Government is serious about drinking and driving they should address the issue of sales.'' Youth and Sport Minister Tim Smith said the bill was the fruit of a five-year plan to combat alcohol and drug abuse -- which included treatment and rehabilitation as well as tougher penalties.
But Ottiwell Simmons (PLP) said he was concerned about people like taxi, ambulance and bus drivers who drove for a living.
He stressed people had to pay the penalty for drunk driving -- but said they could be penalised at present without depriving them of their living.
And he said there was an anomaly in the law where people were punished for drinking -- but others were licensed to sell them the alcohol.
Tourism Minister David Dodwell said he was concerned because moped rentals had gone down -- and he said it was probably because there were more accidents on increasingly crowded roads.
And he warned that injured or dead visitors "had more impact than any amount of advertising''.
And he called on people who worked in pubs and clubs to be responsible and not "provide the one last drink'' that could lead to an accident later.
Shadow Works Minister Stanley Morton said drunk people at parties were often seen as a joke -- rather than the potential disaster on the roads that they could be. He said people should show concern and ensure people got home safely.
Kim Young (UBP) said she had been spokesman for a group of mothers in the 1980s who were concerned about under-age drinking. She added this time of year was a good time to be considering drinking and driving because of the Christmas party season.
Health Minister Clarence Terceira said he felt the public would accept tougher laws.
He said he was concerned that Mr. Simmons appeared to be trying to excuse people who drove for a living -- who should have the sense of responsibility to realise what they were risking when they drank and drove.
And he warned that people should not ignore warnings on legal drugs about drinking while using them, which could magnify the effect of even a small amount of alcohol.
Lois Browne Evans (PLP) said the PLP accepted the bill in principle but had some reservations.
"I think that the discretion of Magistrates is an important thing to hold on to instead of the whims and fancies of one Government or another,'' she said.
And she pointed out that it was important for Government to consider the depth of alcohol addiction which, she said, permeates Bermuda society.
Mrs. Browne Evans said she remembered when Government first introduced "draconian legislation'' but it was changed when "the wrong people were being caught''.
And she said instead of making a similar mistake this time, Government should have looked into the whole idea of "graduated sentences'' because these allow a Magistrate to show some fairness.
"It is not a good thing when the public perceives that a Magistrate is nothing more than an arm of Government,'' she added. "Discretion should be placed in all sentences.'' Deputy Premier Jerome Dill said the fundamental thrust of the bill is an old legal maxim that states that not only must justice be done but that it must be seen to be done.
Mr. Dill said the mandatory sentences just "suggest minimums'' and allow a magistrate to use discretion when terms above the minimum were called for.
And he said that he expected the Road Traffic Amendment Act 1997 to be an uncontested piece of legislation.
He added the bill was founded on the fundamental principle of consistency.
Shadow Tourism Minister David Allen said that the PLP believed drunk driving was a serious offence that must be addressed in a serious way.
Mr. Allen asked whether his counterpart, Mr. Dodwell , had fully thought through Government's soon to be enunciated policy of allowing the consumption of alcohol at sidewalk cafes.
While the relaxation of liquor laws were one thing in a larger country, Mr.
Allen pointed out that in Bermuda, where residential areas were so close to roads, there could be problems.
Alcohol was embedded in both the culture and the habits of locals and visitors, he said, but a balance needed to be struck between that and safety.
Paula Cox (PLP) said that it was important for leaders to set the right tone and balance the interests of the individual and society with the protection of privacy.
She applauded the work of the Road Safety Council for their efforts and said that she was impressed with the rehabilitative aspects of the legislation.
Leon (Jimmy) Williams (PLP) said that it was important to look at the abuse of alcohol in our community especially with the Christmas season approaching.
Public Safety Minister Quinton Edness said the aim of the legislation was to give more protection to the people on our roads.
After going into committee, the Road Traffic Amendment Act 1997 was then passed.
Transport Minister Wayne Furbert
