Speeding tickets cause concern

Signs on north sound way not gazetted

Drivers in Grand Cayman who have
received tickets for speeding on North Sound Way may have been fined illegally,
according to an attorney.

According to Christopher McDuff of
Thorp Alberga Attorneys at Law, the 25 mph signs that line the road from the
beginning of North Sound Way up to Cayman National Bank are not gazetted and
therefore the numbers depicted on them essentially mean nothing and are not admissible
in court. 

He said the issue had arisen in the
courts before but charges were dropped against his client by the Crown before
the matter was aired fully in open court and so not much attention has been
given to the situation.

“There appears to be some oversight
here and it seems like just an instance of something being overlooked,” said
Mr. McDuff.

He added that this meant that if a
person was caught speeding on this particular stretch of road, the government
has no basis to fine or prosecute that individually legally.

With regard to those who may have
paid a ticket for speeding on this stretch of road, Police Officer Lucia
Wheeler of the Traffic Department said if people feel they should be refunded
for being fined, they should appeal their case with the prosecuting
officer.  She added that this may be a
lengthy process, which could also include a trial.  

Officials at the Courts Office say
they will not be offering any refunds to persons charged for driving over the
suggested limit on North Sound Way without proper directions from the Chief
Justice’s Office.

However, angry drivers who have had
to pay fines say they are furious they had to fork out $100 for breaking a law
that is not on the books.

“I am fed up with people taking
advantage of the little man. They want to stop you for doing five miles over
the limit, when the particular road is not even gazetted to say what the speed
limit is,” said Courtney Shaw, who was caught speeding on North Sound Way and
fined.

He says he is hoping to get his money
back and will be filing a formal appeal.

Road Authorities Engineer of Major
Projects Peter Ogden said ultimately it is the commissioner of police, the managing
director of the National Roads Authority and the chief executive officer in the
ministry that has the authority to ensure the signs are gazetted.

LOCALticketsSTORY

Speed limit signs along North Sound Way are not gazetted.
Stuart Wilson
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