Police Can’t be Charged for Breaking Red Lights

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By Neela Ramsundar

IN the year 2017, our motor vehicle and road traffic laws were changed to make a failure to comply with a traffic light punishable with a fine of $5,000 for a first-time offender and $7,000 for subsequent violations (see section 66A of the Motor Vehicles and Road Traffic (Amendment) Act, 2017, available online).

However, emergency vehicles are not subject to this rule.  (Note – the government has not yet signalled when enforcement of the Red-Light Camera Enforcement System will begin).

“Emergency vehicles” are defined in that Act as:

(a) a vehicle being used by a member of the Police Service, Prison Service or Defence Force; or

(b) an ambulance being operated,

in an emergency situation while sounding its siren or other warning instrument approved by the Licensing Authority.

What this means is that drivers of police, prison and Defence Force vehicles or of ambulances (with sirens on) cannot be ticketed for breaking a red traffic light. The jury is out on whether this is a good law or bad.

https://www.pestextt.com/

However, I have not seen any laws which make emergency vehicles exempt from negligent driving. So, while drivers of emergency vehicles in emergency situations cannot be ticketed for red light violations, without laws exempting them from driving negligently, my understanding of the law is that they are not immune to being sued for damage, loss and/or death caused by them negligently breaking a red light.

In another connected matter, yes, it is against the law not to pull aside and stop your vehicle for appliances from the Fire Services, Police and Defence Force vehicles, and ambulances on emergency calls sounding their sirens or other warning instruments (see section 19 of the Motor Vehicle and Road Traffic Regulations – available online).

By this law, every driver is obligated to draw up close to the left-hand side of the road and stop, leaving the centre lane for the passage of such vehicles. Further, it is prohibited in this situation to stand abreast of any vehicle. The penalty for breach is a fixed penalty of $1,000.00 and 3 demerit points (see item 69 of the Ninth Schedule of the said Act).

Be safe on the roads of Trinidad and Tobago.

Copyright © 2022 Neela Ramsundar, LL.B (HONS), L.E.C is a Civil Litigation Attorney at Law & Certified Mediator.
Disclaimer: The contents of this article are for general informational purposes only and/or contain the opinions and/or thoughts of the writer only. It does not provide legal advice and does not create an attorney-client relationship with any reader. For legal advice on your specific situation, please contact an attorney of your choosing directly. Liability for any loss or damage of any kind whatsoever allegedly incurred as a consequence of relying on content in this article is thus hereby excluded to the fullest extent permitted by law.

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2 thoughts on “Police Can’t be Charged for Breaking Red Lights

  1. Thank you kindly for your comment, Mr. Rohit Beharry. Your memory is correct. Indeed, the government used that judgment as justification and/or the catalyst to amend the law to what it is at present. Note – the laws I mentioned are proclaimed. It’s only enforcement of the red light camera system that is still in abeyance. All the best.

  2. Ms Ramsundar, there is a judgment at the High Court in which a fire tender broke the lights at Ariapita Ave and French St a number of years ago. Someone lost their life. I do not recall the finer details of the judgment but the judge had some comments on the breaking of red lights by service vehicles. Can the current law be tested before the courts when proclaimed.

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