The Tribune

By NEIL HARTNELL

Tribune Business Editor

nhartnell@tribunemedia.net

Insurers yesterday warned Bahamian leaders “don’t play politics” over the financial devastation and injuries caused by uninsured drivers amid mass “confusion” over whether traffic law changes have taken effect.

Anton Saunders, RoyalStar Assurance’s managing director, told Tribune Business that reforms permitting the police to confiscate unlicensed and uninsured vehicles are “the only thing” likely in the new Road Traffic Act to “change the mindset” of the estimated 30-40 percent of Bahamian drivers who are either totally uninsured or lack proper coverage.

He hit back after Michael Pintard, the Opposition’s leader, slammed the amendments as a “punitive approach” by the Government to tackling the indiscipline and lawlessness on the country’s roads. The Marco City MP, attacking the “stricter compliance measures like vehicle seizures and fines”, on Monday instead called for a lighter or ‘soft touch’ enforcement approach that would not result in lawbreakers’ cars being seized.

Mr Saunders, though, argued that impounding offenders’ vehicles until they produce evidence they are both licensed and insured was the only way to enforce compliance and combat the financial and bodily carnage that often results when uninsured drivers cause serious accidents.

Disclosing that he has personally witnessed the “tremendous suffering” that victims and their families undergo when unable to claim on insurance, the RoyalStar chief urged politicians to “give me a break” over suggestions that coverage is unaffordable given that the average third-party premium in The Bahamas is around $350 per year.

The Road Traffic Traffic Act reforms passed by Parliament last year were due to take effect from January 1, 2025, but Mr Saunders and other insurance executives yesterday revealed there is mass “confusion” among the industry and its customers about whether the measures have been implemented at all, in part or in full (see other article on Page 1B).

However, the RoyalStar managing director argued that one key element in the reforms that may force positive change in vehicle owner and driver behaviour is the power granted to the Royal Bahamas Police Force to impound autos until they are brought into compliance with the law by being properly insured, licensed and inspected.  

Pointing out that such a move is “not unique”, with multiple other countries having already adopted similar enforcement measures, Mr Saunders pushed back against Mr Pintard’s position by asserting: “The unfortunate thing is this. The only thing in that Act that changes the mindset of people is if the police enforce the rules and, if you are not insured, not licensed and registered, impound the car.

“I know politicians are out there saying ‘x, y and z’ but, when one of those people [uninsured drivers] hits someone, that’s a family burdened financially for life. There are plenty of examples throughout The Bahamas. Don’t play politics with this.”

The Royal Bahamas Police Force last year said around 50 percent of all traffic accidents involve uninsured vehicles, and Mr Saunders emphatically rejected assertions that basic third party coverage is priced out of reach of many Bahamian drivers.

“For third party premiums, for which the average price is around $350, give me a break,” he argued. “Don’t play politics with this. I reiterate this. Families have suffered tremendously, and I know some of these families. It’s enforcement by the police. People caught without these things, their car is impounded.

“It happens all over the world. It’s nothing unique. This is about those people who are injured in hospital, with no financial means to help themselves, which puts the burden back on the state and all the taxpayers.”

The Road Traffic Act reforms passed by Parliament last year introduce a new section 60A which allows police officers to seize, confiscate and impound vehicles where the driver either “fails to produce a valid certificate of insurance” and/or it is unlicensed and lacks a valid inspection certificate.

To secure the vehicle’s release, the owner has to both pay a $300 fine and produce evidence that “a valid certificate of insurance” and licence has been obtained and is in effect. If a vehicle is impounded for one year and not claimed, the Royal Bahamas Police Force can sell it and use the proceeds to cover the cost of holding it.

“Clause five of the Bill empowers the police to impound a vehicle where the person driving the vehicle fails to produce a valid certificate of insurance or the vehicle is unlicensed and the conditions for release,” the Road Traffic (Amendment) Act 2024 stipulates. However, it is unclear whether this element and other parts of the reforms have yet been brought into effect.

Mr Pintard, in his statement, called for a softer approach to law-breaking on the road that does not involve the seizure and confiscation of offenders’ vehicles. He argued that the legal reforms appear designed to turn transportation into an “unaffordable burden” for Bahamians and accused the Government of being more focused on revenue collection.

“With every Budget cycle, this government finds new ways, directly or indirectly, to impose taxes and fees on the very people they promised to support. The latest increases in land and sea taxes, coupled with stricter compliance measures like vehicle seizures and fines, are the clearest evidence yet of a government more focused on revenue collection than fostering relief for hard-working citizens,” the FNM leader said.

“There are ways to strengthen the rule of law on the road without sacrificing fairness and compassion. Transportation is not a luxury but a necessity for many. Yet, this Davis administration seems intent on turning it into an unaffordable burden.”

Warning that increased penalties will “push low income Bahamians further into financial hardship”, the Opposition leader argued that the Road Traffic Act changes will lead to an “erosion of trust” in the authorities because “strict enforcement measures, such as vehicle seizures, foster resentment rather than co-operation”.

“Financial pressures may lead to increased evasion of licensing fees, further reducing compliance rates,” Mr Pintard said. “Higher taxes and non-compliance may lead to more unlicensed and uninsured vehicles on the road, increasing the likelihood of hit-and-run accidents and leaving law abiding citizens vulnerable.”

Calling for offenders to have access to an appeals process, and “ensure fines align with individual circumstances and provide a hardship appeal process for those in genuine need”, he called for Bahamians to be allowed to pay vehicle licensing and related fees in installments or deferred payment plans to ease the financial burden and boost compliance.

A limited-time “amnesty”, which would allow Bahamians to register their vehicles and “settle past dues” without having to pay penalties, was also proposed by Mr Pintard along with greater use of digitisation “to make compliance easier, cheaper and more accessible”.

“To ensure these recommendations are practical, we propose engaging the public through consultations, working with local governments and community leaders to understand the root causes of non-compliance, piloting programmes in select areas to test their impact, and closely monitoring outcomes to strike the right balance between compliance and citizen relief,” the Opposition leader added.

“This government must abandon its punitive approach and instead build policies that align with the economic realities of Bahamians. As the Opposition, we remain committed to advocating for policies that work for all Bahamians, not against them.”