A demerit point system put in place last year to penalise repeat traffic offenders appears to be a "manifest injustice" according to Appeal Court Judges who have asked for it to be rewritten.

Currently each traffic conviction results in two to 12 demerit points being added to a person's record. Every two years the slate is wiped clean. If an individual accumulates 12 points during a two-year period their driving licence is revoked.

However, the Appeal Court found that the intricate way the legislation was drafted made it very difficult to implement due to it lacking provisions included in the corresponding English legislation and the definition of accumulated demerit points.

They found a person with a clean driving record who commits multiple offences over a period of days, but appears in court once to answer to all the charges and exceeds the 12 demerit point limit would not be suspended from driving unless they committed another traffic violation.

However, an individual who has ten demerit points on their driving licence and appears before the courts on another traffic incident on a separate date will have their licence revoked.

The Appeal Court judges found that according to the legislation in order to accumulate points, individuals must appear in court on more than one date.

They also said the legislation was complicated by the fact it did not have a provision to wipe the slate clean after a driving suspension was ordered, as is in place in the UK legislation which the Bermuda one was based on.

In Bermuda 12 demerit points results in a six-month suspension and after that six months has been served the the person loses the dozen demerit points.

So if a person received 33 points during one visit to the courthouse — as was the case for Richard Cox who set this landmark appeal in motion — and a further three points at another court appearance they would be off the road for a year-and-a-half which the Appeal Court judges said "was an unintended consequence and manifest injustice".

In England once someone has reached the demerit point threshold and are handed a driving ban all points are wiped clean.

Appeal Court President Edward Zacca said in a written judgement that it appears the legislature did not think through the consequences of the legislation.

Mr. Justice Zacca added that they hope "the legislature may take the opportunity of reconsidering the provisions of section" in order to avoid "what appear to be unintended consequences and manifest injustice."

A spokesman for the Attorney General's Chambers said the Attorney General had not had a chance to read the judgement, which was handed down late Friday afternoon, but added: "She will review it to see if it is necessary to amend the legislation to ensure clarity."

In the meantime it is not known how people who accumulate points will be affected, but Magistrates' Court has been reserving judgement on people who accumulate fines and demerit points until after the Appeals Court heard this case.

The confusion emerged during Cox's case which was first heard in July. The 50-year-old Devonshire man became one of the first to run foul of the new Electronic Vehicle Registration system which caught him driving an unlicensed and uninsured car 11 times between July 9 and July 29, 2008.

Cox plead guilty and was fined $19,500 and given 33 demerit points, three points for each of the 11 counts. He was also disqualified for six months.

However, defence lawyer Alan Dunch appealed the judgement and Supreme Court Judge Ian Kawaley after looking at the legislation reduced the fines to $4,125 and did not disqualify Cox from driving.

The case was then sent up to the Appeal Court where Crown counsel Cindy Clarke said the Department of Public Prosecution was looking for clarification on the convoluted legislation.

l Have you been impacted by the new legislation? If so email roklynch@royalgazette.bm