Penalty Points: Is it a Burden to Justice?

11 years, 9 months ago - 12 March 2013, The Défi Media Group
Penalty Points: Is it a Burden to Justice?
Two speeding can lead, in some cases, the cancellation of the license. The system of penalty points he will overload the calendar courts with challenges of penalty points?

The introduction of penalty points, scheduled for April 1st, will it lead to a wave of protest among the first in the Court guilty? "Yes, there is a risk," according to Mr. Raouf Gulbul, lawyer and former judge. Many believe that the risk of losing his license remains a stronger deterrent than having to pay a fine. 

Under the demerit points, a driver can accept the facts, once verbalized by a police officer on the road. The driver then accepts the "Fixed Penalty Notice". In case of refusal to accept the facts, it must then consider going to court for trial. This will be the court to determine the penalty points to be applied in case of conviction of the driver. 

I Gulbul Raouf explains that under the demerit points, "two successive excessive speeds can lead to the cancellation of the license." Speeding can argue, in some cases, eight points deducted from the total of 15 points available. So two speeding this kind are a total of sixteen points. "There will be challenges in the beginning for those who have accumulated points. But do not forget one thing, the government grants a permit to allow an individual to drive his car. Must comply with these conditions. It seems that some drivers have forgotten that there are conditions for the permit. To say, if it is unreasonable that two offenses lead to the cancellation of its license, is another thing. But once the Court has ruled on the appropriateness of the penalty or not, it will end the controversy, "says the lawyer. 

For Me Narendra Appa Jala, Senior Attorney, "the court can not go beyond what the law provides as a penalty in terms of penalty points." However, he wondered if this bill does not put the court in a position where he does not have the discretion to determine the penalty to be imposed. That since penalty points have already been established? The attorney explained that section 123 of the Road Traffic AG Amendment Act 2012, which introduced the penalty points, provides a right of appeal to the person against whom the penalty points were awarded. 

How will the penalty points? 

The penalty points proposed work in the logic of a credit card. The driver starts with a clean record - 0 points. Points will be pasted as the offenses are committed. After reaching 10 points for the 'Learner' and 15 points for the driver confirmed, the license will be suspended for a minimum period of six months. 

If your license has been canceled for the first time, you can recover automatically after six months, after paying the costs of. However after losing a license for a second time, you will have to start from scratch. To start a new application for a driving test, driving test, at the expiration of six months disqualification. 

The penalty spot 
Penalty applicable offenses 
Dangerous or careless driving: 8 to 10 points 
Cause injury or death of a man driving 8 to 10 points 
Speeding (more than 50 km / h limit) 6 to 8 points 
Speeding (more than 25 km / h limit) 4 to 6 points 
Do not stop after being involved in an accident 4 to 8 points 
Obstruct a pedestrian crossing busy passers-by 4 to 6 points 
Pass a vehicle that has stopped at a crosswalk 4 to 6 points 
Refuse to give way priority 3 to 6 points 
Driving without lights prescribed in darkness 3 to 6 points 
Cargoes unsecured 3 to 6 points 
Non-compliance lanes on Highway 3 to 6 points 
Do not wear a motorcycle helmet 2 to 4 points 
Speeding (by less than 25 km / h limit 2 to 4 points 
Refusal to obey the directions of a police officer on Route 2 to 4 points 
Use a laptop and microphone at the wheel 2 to 4 points 
Non-compliance signs 2 to 4 points 
Do not stop the vehicle at the white line 2 to 4 points 
Do not wear the seat belt while driving 2 to 4 points