Another major proposed change in the Cayman Islands government rewrite of the current Traffic Law leaves the responsibility of public parking enforcement up to police officers or their contracted agents.
Wheel clamping has been outlawed in public parking places, according to the Traffic Bill, 2011, which seeks to repeal and replace Cayman’s current legislation governing driving and the use of public roads.
“A person who operates as an agent for the clamping of vehicles in public places; or clamps or tows away a vehicle in a public place commits an offence,” reads the amended law, which is expected to come before legislators next week.
However, the change does not mean individuals who park illegally in public places, or who park illegally in private spaces cannot be towed.
The current Cayman Islands Traffic Law (2003 Revision) already gives a police constable the power to take possession of and remove a vehicle if it is abandoned, parked in an unlawful or unsafe manner, left in a dangerous condition, or if it is involved in an accident. In any of those cases, the vehicle can be towed to a police impound lot and its owner charged a per-day fee until it is claimed, with the exception of cars that have been involved in a wreck.
The revised Traffic Bill creates a new job called a “vehicle removal agent”; a person that will be licensed under regulations drawn up by the government to assist police in instances where vehicles need to be removed.
In such a case, fees for the removal would be paid to the vehicle-removal agent and not the commissioner of police, as the law current prescribes.
The government cannot be sued for any damage or loss of property from the vehicle as a result of any tow “done in good faith” under the revised Traffic Bill.
The new bill makes a sharp distinction between what occurs on privately owned land versus what is allowed on public land. For instance, only the government can place traffic signs near a public road. However, if the owner of private land puts up signs on their property the Traffic Bill would not apply. This includes private roads where members of the public are granted conditional access.
‘Inconsiderate’ driving
The new Traffic Bill creates criminal offences where none existed before for “inconsiderate” or “careless” driving in instances where another person is killed.
The section of the bill reads: “A person who drives a vehicle or animal on a road without care and attention, or without reasonable consideration for other persons, and by so doing causes the death of another person commits an offence.”
The charge of causing death by careless or inconsiderate driving carries a maximum $10,000 fine and up to seven years in prison upon conviction. In addition, the guilty party could have their driving licence taken away for three years or longer, depending on any jail sentence received.
Cayman currently has criminal offences for causing death by reckless or dangerous driving, but the lower standard of carelessness is not applied.
The bill also creates a separate and new criminal offence for disqualified drivers who cause fatal accidents; for instance, drivers who do not have insurance or updated coupons on their vehicle.
Again, the offence would carry up to a seven year imprisonment term plus fines upon conviction.
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There needs to be a balance. It would be wrong for the government to enforce parking regulations when they are not providing enough free parking in George Town. A free public parking lot with stories in the middle of town, has been discussed before, and still we hear of nothing.
I am sick of cars and boats parking on public sidewalks in West Bay. I have to walk out on the road to get to our garbage bin. These people also work on their boats and vehicles on public right of ways. I have complained to the West Bay police with nothing being done.
But we all know government doesn’t enforce the law. Parking in particular is a disaster. Several vehicles are now permanently parked in the slip road at the Butterfield Round-about blocking a major road – and no-one has done anything. They have been there so long vines are actually crossing the lane.
This would be laughable if it wasn’t indicative of a disaster facing us all.
The lawless Caymanas were we once, and to the lawless Caymanas do we return.
Parking is not great in George Town for residents and businesses alike. It does not help that business owners are clamping customers cars while they go into shops. Take yesterday for example at 3.45pm in Fort Street. I made the mistake of parking in one of four empty spots opposite Watch Me and the new De Sunglasses Man shop. It was my fault as I was not concentrating on the parking spot with someone’s name on it. BUT instead of the Security Guard calling out to tell me as I ran across the road to pick up by birthday present at De Sunglasses shop he must have watched me and come out and immediately put a clamp on my car. I was gone no more than 10 minutes and when I called for them to take the clamp off he made me stand there for 10 minutes before coming out to tell me in a rude manner that I am not taking them off until I paid him 75 which I tearfully did. Nice birthday gift for me! I will never shop down that street again now and would advise the business owners to come to a more reasonable answer when dealing with illegal parking. This could have been handled in such a different manner.
A parking lot for the people are you kidding me?
Those monies have to go to those two Yankee Carpet Baggers, Dart and Ryan. Those two are getting all they can and canning all they can get.
Lets put a stop to this madness and sweep these people out in 2013 or before, have a feeling they’ll hang themselves real good before 2013 with their greed and the anti-corruption law on their tails.
No political profiling hopefully, and no targeting of specific persons because of party affiliation.