Warmington Says Toll Road Traffic Tickets Illegal

[Jawge]

Try it and tell mi how it go.

[Assasin]

As Mosiah can he be procecuted going 100 miles an hour on his farm road???

You can be procecuted on any public road, not just hiway. The fact is these things have to be legislated.

You can drive without insurance in some states, not NY.

[OJ]

It is NOT a private Road.. Because it own by Private company does not make it Private... the ownership is not what determines Private or Public. Its a Public rd owned by private entity.... very much different from a farm..

[Assasin]

What I am saying is, it depends on what they legistate. If they legislate that this private road should have speed limit of ------ and is subjected to the authority of ------- then they can fine you but it seems like this legislation is not on paper and by natural law government can't charge people on private roads.

All I am saying is the proper legislation should be in place.

[Assasin]

No OJ. A private road is a private road. Could the French Company close their road to the public????

The answer is yes if there is no legislation governing this. We put ourself at risk without proper legislation.

[OJ]

Lets agree to disagree.. is a shopping mall private or public.....think before you answer..

[Assasin]

It can be either. An example is speeding in a parking lot. The policy can only charge you if they have authority over the parking lot.

[Assasin]

Just an example.

It's still not totally clear how regularly speed limits will be enforced. Texas Department of Public Safety troopers can patrol toll roads, as they can freeways, DPS spokesman Tom Vinger said. DPS does not have a specific contract to patrol Texas 130, as the agency does with the North Texas Tollway Authority in the Dallas-Fort Worth area.
“However, DPS will patrol anywhere at any time where there is a serious threat to public safety and will respond to incidents as needed, including on toll roads,” Vinger said.


Read more: http://www.mysanantonio.com/news/loc...#ixzz2M7x6T3IL

[OJ]

do you need a drivers license to drive on that road.. .or can I operate a motor vehicle without a license on that road only....

[Assasin]

When you pay to enter a private toll road, you are paying for the use. The Private toll entity and the government have to enter an agreement to regulate their roads. Like in the Parking lot you may see "10 miles speed limit" or "vechiles will be towed by owners". Normally for you to be charge there, there has to be a complain from the owner. If you are a threat to the public then police can get you, but you can drive in a parking lot or private road without a license.

This can be big problem if the government leave this up to the judgement of the court and don't put it in writing. This is reason we have legislators to put these things in writing.

[Jawge]

How mi miss this one? Mo you are an educated man and you are surprising me here. Now this farm that you speak of; is it tax payers money that bought it plus the road? If so your argument is pointless. A lot of things that are claimed to be private in Ja really belong to the tax paying public.

[Mosiah]

Don't mistake Jamaica for America. I know unu can't cut down a tree in unu yaad widout permission, but we can.

Mind you, we do need some of those laws here as well. Grafitti honouring gunmen should not be tolerated, whether on a private wall or not!

[Mosiah]

Isn't it interesting that the "top legal minds" appeared clueless about it?

Police Have No Authority On Toll Road - Warmington
Published: Thursday | February 28, 2013 1 Comment

Warmington
Gary Spaulding, Senior Gleaner Writer

THE LEGAL minds in the nation's Parliament were on Tuesday unable to dispute Opposition Member Everald Warmington's argument that the police are devoid of the legal powers to take on traffic offenders breaching the Road Traffic Act on the country's toll road.

The attorneys on both sides of the divide were uncharacteristically silent as Warmington, the outspoken parliamentarian from Southwestern St Catherine, told his colleagues that the toll road, being privately owned, presented legal roadblocks for law-enforcement officers.

Warmington confronted head-on the substantive debate on a motion to facilitate the installation of tyre-deflation devices on side roads running from toll roads, while other parliamentarians backed away from the issue.

He warned that the police who were regularly on the lookout for errant motorists on the long smooth strip of roadway, are on a collision course with the law.

"If it were a public road, it ought to be gazetted," declared Warmington. "(However), the toll road is a private road, which was never gazetted, yet you have the police on that road each time with speed traps and issuing tickets ... they have no such authority."

Warmington told Parliament that he was confronted by a group of police on the road, but forced them to apply the brake. "They stopped me before and I say to the police, they have no authority to ticket me as I am on a private road, until it is gazetted, the issuance of tickets on the highway is illegal," he declared.

The politician, known for his strident rhetoric, suggested that it was within the ambit of the TransJamaican Highway, the owners of the toll road 'so they (the police) need to cease issuing tickets on that road where they have no rights'.

Minister of Transport and Works Dr Omar Davies who piloted the debate on the motion conceded that he was steering clear of a response, but no assistance would be forthcoming from the eminent attorneys sitting in the chamber.

However, no one in the parliamentary chamber disagreed with Davies that the tyre-deflation device being proposed was necessary to prevent loss of lives and property.

He said, over time, the toll road had been plagued by motorists who, in an effort to avoid the toll fees, reverse into slip roads adjoining the toll roads.

gary.spaulding@gleanerjm.com

[OJ]

here is my problem with warmington.. He was in power 16 mothns ago why did he not make sure all the legislation was in place... some village is missing an idiot... returning him fast.

[Assasin]

yeah you right on that but to see this "idiot" pointing it out and all our legal minds on both sided dumbfounded. haha.

How does that reflect on our legislators?