For discussion
on 18th March 1980
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MEMORANDUM FOR EXECUTIVE COUNCIL
Road Traffic Ordinance (Chapter 220)
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INDEX
PA
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ROAD TRAFFIC (AMENDMENT) BILL 1980
Introduction
Annexed for the consideration of Members is the Road Traffic
A (Amendment) Bill 1980 (Annex A).
B
Background
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Members will recall that on 26th June 1979 they discussed the problem of vehicle owners who avoid prosecution for traffic offences by refusing to give the names of the persons driving at the material time when required to do so, and the level of fines for such conduct. The discussion arose out of an information paper prepared by the Attorney General, which is annexed to this memorandum (XCCI(79)11 (Annex B). Members requested that the Attorney General should continue his examination of the problem. That examination has been completed and the proposals that have emerged have been incorporated in the bill at Annex A.
G.S. 84
Proposals
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Since the penalty which the owner of a vehicle may expect to incur for failing to disclose his involvement in a reported offence is at present likely to be much lower than the penalty for the original offence itself, there is no effective deterrent against non-disclosure. It is therefore proposed that failure to make the disclosure should carry the same liability to disqualification as the reported offence; this is the object of the bill's proposal to insert into section 29 of the principal Ordinance a new subsection (5A)(a).
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In addition proposed section 29(5A) (b) will require the court which passes sentence to take into account the facts of the reported offence in determining sentence, including any period of disqualification, for the non-disclosure.
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Proposed section 29(5A)(c) will empower the court itself to order the offender to make the required disclosure. Disobedience of
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