EVR system is 'accomplishing its objective' – TCD director
Government last night did not appear willing to review the system of fines by Electronic Vehicle Registration (EVR) yesterday.
Following a court case on Thursday in which a motorist successfully appealed against $19,250 in multiple fines for the same offences, there have been calls for a legislative review of the penalty system.
But yesterday Randy Rochester, Director of the Transport Control Department (TCD), said: "We are of the view that the EVR system is accomplishing its objective of reducing incidences of abuse on our roads and creating safer streets."
The EVR system was introduced to catch uninsured and unlicensed motorists, and came into effect on July 1. Since then, its four detectors around the Island have processed $267,000 worth of fines by August alone.
Prior to EVR's introduction, Government was losing $2.5 million in revenue each year from up to 5,520 cars, approximately eight percent of cars on the Island, being unlicensed or uninsured.
But since the detectors began tracking vehicles this summer, the system has resulted in multiple fines to the same motorist, as each time the vehicle drives past, a fresh penalty is issued.
Unlicensed vehicles are photographed and issued with an automatic $750 fine. Those with no insurance face an additional $1,000 penalty, with offenders given seven days to pay each fine. Bermuda is the first country in the world to implement EVR, which electronically verifies whether a motorist has a valid registration and insurance.
This week, Richard Cox appealed $19,250 worth of fines from driving through EVR detectors 11 times.
He said he drove his Opel Astra past the cameras repeatedly as he was unaware it was unlicensed and uninsured.
Mr. Cox, 50, of Devonshire, pleaded guilty to 11 counts of being unlicensed and 11 of being uninsured at Magistrates Court on September 11.
Senior Magistrate Archibald Warner fined him $750 for each unlicensed count and $1,000 for each uninsured offence.
On Thursday however, Justice Ian Kawaley said Mr. Cox was being punished excessively, and should only have to pay $4,875. He accepted Mr. Cox's lawyer Alan Dunch's argument that the cumulative total was "manifestly excessive", saying it "undoubtedly causes the eyebrows to raise quizzically".
The ruling could now result in other drivers launching their own legal challenges.
Other drivers to be handed large fines are Carlos Simas, of Pembroke, who was fined $63,000 for 36 detections, and Nelson Pearman, also of Pembroke, who has been fined $17,750.
After Mr. Cox's appeal, his lawyer called on Government to review the law on EVR penalties.
"I think it will be necessary to redraft the law. I hope the legislature will do this in a timely fashion," said Mr. Dunch.
Shadow Transport Minister Shawn Crockwell yesterday also called for a legal review.
"I don't think this legislation was designed to generate significant revenue for Government, but to get individuals not in compliance with the law," said Mr. Crockwell.
"I think that in this respect, it has been quite successful. But Justice Kawaley has recognised that potential inequity exists in that a person is not notified they are breaking the law, and so people end up with multiple tickets.
"I therefore think the Transport Department has a responsibility to notify the individuals immediately, so they can drive legally, otherwise due to poor administration and notification, people can be going through these cameras for months, racking up fines in the tens of thousands.
"That cannot be right. So I'm pleased that Justice Kawaley made a declaration and has brought some justice to the situation. Now I think it's the job of Parliament to revisit the legislation and make the necessary amendments."
Yesterday however, Mr. Rochester said: "The public will recall that from the inception of EVR, we have always maintained that the primary use of this technology was to address the rising concern of those persons who continued to drive unlicensed and uninsured vehicles on Bermuda's roads.
"It is critical for the public to understand that using such vehicles could prove unsafe and a danger to both pedestrians and motorists alike. "As such, we are of the view that the EVR system is accomplishing its objective of reducing incidences of abuse on our roads and creating safer streets."
