The Cayman Islands has reached another milestone in its development with the passing of the new Traffic Laws and Regulations.

Mobile (Cell) Telephones

The new law and regulations are in step with advances in technology, and Clause 78 introduces a ban on the use of mobile telephones while driving. Therefore, effective 21 September, it will be against the law to talk, text, bbm etc., while driving a car.

“Too many people have become too accustomed to checking e-mail or sending a text while behind the wheel, even though it’s as dangerous as drinking and driving,” the Deputy Premier Hon. Juliana O’Connor-Connolly said.

“We have lost enough of our youth to speeding, and it our hope that this law will be a preventive measure and that over time it will change the attitudes of our citizens,” she added.

She noted that most countries throughout the world such as the United Kingdom and other European countries, New Zealand, Canada and the United States have banned cell phone use while driving.

Director of the Department of Vehicle and Drivers’ Licensing David Dixon said authorities have likened cell phone usage while driving to that of careless driving and reported that  Car and Driver Magazine has documented just how dangerous it can be.

The magazine and its editors rigged a car with a red light to alert drivers when to brake and tested how long it took drivers to hit the brake when sober, when legally drunk at .08, when reading an e-mail, and when sending a text. The results were scary. Driving 70 miles per hour on a deserted air strip, Car and Driver editor Eddie Alterman was slower and slower reacting and braking when e-mailing and texting by as much as four times.

The good news though, is that the Cayman Islands law does provide some exceptions to using a mobile phone while driving and gives specific instructions on how to properly drive and there is a commonsense approach to it.

For instance, exceptions to the ban apply to:

(a) a constable on duty;

(b) a driver using a mobile telephone to make a 911 call in an emergency, when it is unsafe or impractical to stop and park the vehicle in order to make the emergency call;

(c) a driver who uses a mobile telephone that –

(i) is secured in a mounting affixed to the vehicle while the mobile telephone is being used; and

(ii) does not require the pressing of more than one button on the mobile telephone to make,         receive or terminate a telephone call;

(d) a driver who uses a mobile telephone that –

(i) is not secured in a mounting affixed to the vehicle; but

(ii) does not require the driver to hold, or to manipulate, the mobile telephone in order to make,   receive or terminate a telephone call; or

(e) a driver who uses a mobile telephone when the vehicle that he is operating has stopped, having been removed from the normal flow of traffic, and, for this purpose, a vehicle that has stopped in obedience to a traffic sign or traffic signal while awaiting circumstances to develop, which would allow it to proceed, or while awaiting the traffic signal to change shall not be considered to have been removed from the normal flow of traffic.

“Drivers who are found to be in breach of the ban on cell phones while driving will face a fine of $150,” he emphasised.

New Traffic Law and Road Code take effect 21 Sept

The new Traffic Law, which takes effect on 21 September, brings with it some 12 new regulations and a revised Road Code, which provides a comprehensive guide to the conduct of all road users, including pedestrians, animal riders, motor cyclists and cyclists.

The new Road Code has detailed information on how a person can use a mobile phone while driving, illustrates the correct way to maneuver around a roundabout and demonstrates what road signs mean. Some of the changes in the law relate to traffic fines, the correct level of tint and a new categorisation of motor vehicles.

Deputy Premier Hon. Juliana O’Connor-Connolly urged everyone to get a copy of the new Road Code.

“The updated Traffic Law, regulation and new Road Code apply to everyone who uses the road – both drivers and pedestrians. Everyone should familiarise themselves with the new provisions and understand what their rights are,” Ms. O’Connor-Connolly stated.

The new Traffic Law now contains definitions of terms such as “electrically powered vehicle” and “mobile telephone”.  The definition of “motor vehicle” has been changed. Under the Traffic Law (2003 Revision), a motor vehicle was defined as any mechanically propelled vehicle manufactured or adapted for use on roads. This definition has been reworded to add electric vehicles that are intended for use on roads.

“This allows, for the first time in these islands, for electric vehicles to be registered, licensed and insured by eliminating the word ‘motor’”, the Deputy Premier explained.

Director of the Department of Vehicle and Drivers’ Licensing David Dixon added, “There was a significant need to categorise the various types of vehicles to address the fee structure in the Traffic Regulations and to allow for the proper registration and licensing of electric vehicles. In addition, we have removed Group 5 from the driver’s license group in paragraph 4 relating to motor scooters, as these were best suited for the Group1 class of driver’s license.”

Another significant change provides for police officers to issue tickets to persons who park in disabled parking spots, without the required blue  ‘Disabled Person Badge’.

There is also a change in the Regulations to ensure that driving instructors are properly licensed and regulated.  But the law will grandfather in current driving instructors, who will be subjected to testing from to time to time to determine their suitability to instruct students,  Mr. Dixon said.

Under Traffic Ticket Regulations, 2012, traffic fines have been revised.

“For example, using a vehicle without registration plates was $25. This is now increased to $100. Failing to obey traffic signal/signs was $25 and will be increased to $200. The new offence of using a mobile telephone while operating a vehicle has been added to the regulations and carries a fine of $150,” Mr. Dixon said.

Fines have been increased from $20 to $100 and $25 to $200. For instance, the fine for failing to comply with a stop signal was $20 is now $100. Parking 45 feet from a pedestrian crossing attracted a fine of $25 and is now $100.  The fine for failing to comply with a police signal in cases where they are directing traffic, or failing to give way to a police car was $20 and is now $200. This is the same for an ambulance or an emergency vehicle. Police records have increased from $10 to $25.

Another important change is that drivers who park in a disabled (handicapped) parking space can now expect to receive a ticket and pay a fine of $100. The other new fine is for the improper use of a cell phone while operating a vehicle, which attracts a fine of  $150.

Director of Driver and Vehicle Licensing David Dixon said this new law “”allows the Court the option to convict for a lesser serious offence, if there is not sufficient evidence to rise to the standard of causing death by dangerous or reckless driving, which is the case of Section 79.

Section79 introduces the offence of causing death by careless driving or inconsiderate driving. This is an arrestable offence, meaning that an arrest can be made without warrant. It is triable on indictment and carries a maximum fine of $10,000 or imprisonment for a term of seven years. There is also a possibility of being disqualified from holding a licence for a period of at least three years.

Section 80 also allows the Court an option to convict for a lesser serious offence, if someone deliberately causes the death of another person while driving either unlicensed, disqualified or uninsured. This is also an arrestable offence.

Mr. Dixon explained the difference: “Dangerous driving refers to driver that caused a road death due to high speed and the manner of road driving without taking into consideration the conditions on the road and traffic etc., whereas death by careless driving or inconsiderate driving may happen in a low speed situation, for example when using a cell phone.

He noted that inconsiderate driving has been added to the careless driving and the differences are: “inconsiderate driving is when someone drives with their hazards on without having an emergency, or driving in a puddle and splashing a pedestrian or with their headlights on bright.

“These changes were recommendations made by the Royal Cayman Islands Police Service to address this anomaly in the current Traffic Law,” he added.

Remember –  Road safety, it’s everyone’s responsibility! – for more information on the new Traffic Law, Regulations and Road Code please call 945-8355