Traffic ticket payment collections on hold

According to the TAJ this is an “unavoidable” development due to challenges in its internal system.

Motorists are therefore being discouraged from visiting its offices because “it is currently unable to collect payments for traffic ticket fines at a tax office or via the tax authority’s online system”.

“This unavoidable challenge,” the TAJ explained “is as a result of the finalized list of traffic offence codes not yet being provided to the revenue authority to effect changes to its systems, to enable collection of the fines as defined by the recent change to the applicable law. The respective agencies are working to address same as quickly as possible.”

The applicable law referenced by the TAJ is in relation to a successful court challenge by software engineer Maurice Housen, who was granted an injunction prohibiting the police from ticketing motorists in excess of the 2006 rates.

Through lead attorney Gavin Goffe of Myers, Fletcher and Gordon Law Firm, Housen argued that the finance minister does not have the authority to imposed fixed penalties under the Road Traffic Act (1938). That power he contends rests with the Parliament or the Minister of Transport as defined in Section 116 of the act.

In 2006 and 2007, the finance minister had announced an increase in traffic ticket fines ostensibly under the Provisional Collection of Taxes Act.

In July Housen was slapped with a $5,000 speeding ticket as per new fines announced by the Finance Minister. But under the Road Traffic Act (1938) such a breach warrants a penalty of $800, which forms the crux of Housen’s case now before the court which to be heard in 2023.

“This means, that traffic ticket fines as defined by legislation presented at a tax office or attempted to be paid online will not be accepted or processed, and persons are urged not to visit the tax offices or attempt to make payments online,” said the TAJ.

“Persons falling into this category are being advised to visit the courts or to contact the Ministry of National Security to be further guided.

“Tax Administration Jamaica will continue to work with its partners, who are working to have the problem resolved in the shortest possible time.”

Since the granting of the injunction as well as a class action suit against the government and the commissioner of police, Andrew Holness administration used its majority in the Senate to force through an amendment to two clauses under the Road Traffic Act (1938), to address the issue of penalties established in 2006 and 2007 by Dr Omar Davies, the finance minister at the time. The Road Traffic Amendment Validation and Indemnity Act (2021) which will replace the out-dated Road Traffic Act of 1938, will also seek now to protect the government from reimbursing motorists charged for traffic breaches since 2006.