THE EDITOR, Sir:
I WRITE out of concern that the rights of some motorists may have been breached due to ignorance of the Road Traffic Law on their part and on the part of the Traffic Police.
On 11th March 2003, I was issued a traffic ticket for $20,000 by a police officer on Mountain View Avenue while driving my 1999 Toyota Land Cruiser Sports Utility Vehicle (SUV) "for operating a motor vehicle contrary to the terms of my licence."
My licence is restricted "Private motor cars only" and for reasons unclear to me, my Land Cruiser was registered as a "motor truck" by the Island Traffic Authority on registration new in 1999, despite the fact that:
1. I paid customs duties and consumption taxes applicable to motor cars on purchase
2. Annual road licence fees were paid at motor car rates
3. The receipt for the licence plates asserts "private car"
4. Identical Land Cruisers are registered as "motor cars"
Altogether, a somewhat ridiculous situation.
I contested the matter in the Traffic Court on 16th June and the case was withdrawn by the Clerk of the Courts after my attorney drew attention to Section 11 () (d) of the Road Traffic Act which describes private motor cars, thus:
"private motor cars, that is to say motor vehicles whether "trucks" or "motor cars", within the meaning of this section (not being classified as "commercial motor cars") constructed solely for the carriage of passengers and their effects and used exclusively for personal purposes."
Clearly a Land Cruiser SUV falls within the said definition and I was not in breach of the law. The Traffic Police have been known to demand general licences from motorists operating other types of SUV.
While I am annoyed at having to lose several hours of working time at the Traffic Court and to incur the expense of legal fees, it would be worth the while if, as a result, the Traffic Police are appropriately guided by the powers that be and cease the unnecessary harassment of motorists.
I am, etc.,
EVERTON McDONALD
Duke Street
Box 372 Kingston
