An appeal in Grand Court recently underlined the need for new residents to get a Cayman driving licence within the legal time frame.
Newcomers to the Islands who have a valid licence from a recognised jurisdiction may obtain a Cayman licence without taking tests. However, they must do so within three months of their arrival.
Someone who does not have a valid licence is invariably also charged with driving without insurance. The penalty for that offence is not only a fine but also mandatory disqualification from driving for one year.
Attorney David McGrath argued an appeal on behalf of a woman from Peru. She had pleaded guilty in Summary Court to driving without a licence and without insurance.
Mr. McGrath did not contest the financial penalty. He argued the appeal on the basis of special reasons why the woman should not be disqualified for one year.
There was no one special reason, but the reasons were cumulative, he submitted. The woman’s boyfriend had told her she was covered by his insurance. She did not know and could not have known that she was not insured. More importantly, she had no way of knowing how serious the consequence would be.
Acting Chief Justice Alex Henderson asked for clarification: ‘She could have got a Cayman licence just by showing her Peruvian licence and paying a fee?’
Mr. McGrath replied, ‘Yes.’
The judge then asked, ‘Why didn’t she?’
Mr. McGrath replied, ‘She didn’t get around to it.’
The judge said she might have been misled about the insurance, ‘but I don’t see how she could be misled into not getting a Cayman licence. She lives here now.’
The judge also pointed out that it was ‘pretty much common sense that if you don’t have a valid licence, insurance isn’t going to cover you.’
The attorney pointed out that the woman was a qualified driver and licensed in her own country. She should be punished for not bothering to get the Cayman licence; she should not be punished for the technical and knock-on effect, he argued.
In fact, Mr. McGrath told the court, the woman was on her way to George Town to get a licence when 911 received a call that an unlicensed driver was on the road. It was then that she was stopped by police.
In his decision, Mr. Justice Henderson said he did not think that assessment of special reason was associated with technicalities. ‘I associate it with lack of moral blameworthiness.’
He gave as an example, if the woman had suffered some misfortune. But the explanation given was that, over a period of months, she didn’t get around to getting as licence.
‘I am not able to see any special reason in that,’ the judge said in dismissing the appeal.
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