Newsmaker: Stir over JCF outline re driving lessons, but ITA clarifies

This week’s featured overall development as Newsmaker of the Week is the range of reactions to two  senior Jamaica Constabulary Force (JCF) officers initially suggesting that under the New Road Traffic Act it is illegal to teach someone to drive unless you are a licensed driving instructor.

However, the Island Traffic Authority (ITA) and the JCF on Sunday sought to clarify the actual rules relative to driving instruction in Jamaica.

Essentially, the ITA said persons or driving schools providing paid driving instruction services have to be certified driving instructors and licensed driving schools, but parents or guardians are allowed to teach their children to drive without needing certification, as long as they are not receiving payment for the services.

The key to it all, says the ITA, is Regulation 168, paragraph 2(d) of the Road Traffic Regulations, 2022, which states that anyone providing driving instruction without receiving a fee does not need to be certified.

However, if someone, including a parent, is offering driving instruction services for a fee, they must get certified and licensed by the ITA.

But the apparent initial blunder from the two JCF officers has already sent shockwaves across the island, particularly among parents who traditionally teach their children to drive.

While some persons argued that the supposed change appeared to be fair and would aid in improving the driving skills of persons, further contributing to a reduction in road traffic crashes and fatalities nationally, others opined that that aspect of the law appeared to be too strict.

The new Act and its accompanying Regulations took effect on February 1, 2023, and there were  been mixed reactions since then to some of the key changes under the law, including drivers being restricted to hands-free use of mobile phones while driving, or Bluetooth earpieces.

Despite the criticisms over the period, the Government and the police said the legislation is meant to protect the motoring public and pedestrians.

Fast forward to last week when aspects of the Act were again back in the public sphere following an interview with the two senior JCF law enforcers.

 Superintendent Lloyd Darby of the JCF’s Public Safety and Traffic Enforcement Branch (PSTEB) emphasised that the New Road Traffic Act strictly prohibits individuals from teaching others to drive, unless they are licensed instructors or operating within a certified driving school.

Superintendent Lloyd Darby

“So, no longer can a parent just put an ‘L’ (learner driver sign) on a vehicle and teach their child to drive,” Darby stated then.

“You have to go through the legal framework of a certified driving school or with a licensed instructor. That is a key element of the new road traffic regulations,” he said.

Licensed driving schools and instructors must obtain the necessary certification to be authorised to teach individuals how to drive.

The strict regulation is aimed at ensuring that learner drivers receive proper training and adhere to safety standards, the law enforcer maintained.

Senior Superintendent of Police, Stephanie Lindsay, who heads the JCF’s Constabulary Communication Network (CNN), underscored the importance of adhering to the regulation.

“Parents allow their underage children to drive their vehicles, and they don’t have a licence. They are not covered by insurance, and then they go out and get into situations, sometimes accidents involving other persons,” she said.

“It creates another situation, and in many of those instances, once it can be proven that the parents had knowledge, they too can be charged for aiding and abetting in that type of offence,” she added.

Lindsay stressed that even if a parent believes their child can drive, they should not be on the road unless they are properly certified by obtaining a driver’s licence through the official channels.

Senior Superintendent Stephanie Lindsay

“If they’re not certified to drive by way of going to the examination depot and get their driver’s licence, they should not be driving on the street,” said Lindsay. 

The ITA and the JCF were then forced on Sunday to clarify the regulations pertaining to driving instruction in Jamaica, this after Darby and Lindsay gave conflicting information that suggested that only certified driving instructors and licensed driving schools can teach persons to drive.

According to the ITA, “Regulation 168, paragraph 2 (d) of the Road Traffic Regulations, 2022, explicitly states that: ‘A person who provides the services of a driving instructor without the requirement for a fee or payment shall not be required to be certified under this part.’

Consequently, the authorities advised that, “This provision includes parents or guardians who wish to teach their children to drive.

“However, persons or institutions offering driving instruction services for a fee or payment must obtain the necessary certification and licence from the Island Traffic Authority, pursuant to regulation 168.”

On that score, “the law does not prohibit parents or guardians from offering instruction, as long as no financial compensation is involved, and the level of training meets road safety and competency standards,” the ITA stated.

As the JCF continues to enforce the provisions of the New Road Traffic Act, as well as urge citizens to adhere to the law to ensure safer roads and avoid legal consequences, social media users initially argued with the view that parents could no longer teach their children how to drive.

For many parents, they were of the view that the initial position by the two JCF officers relative to the regulation would require a significant adjustment.

“I agree with the JCF this time. We have to take a stand and go through the right route for driver education,” a woman wrote on Facebook.

But others disagreed sharply, such as:

“Imagine this… you and your family are on the road… You, the parent, isn’t feeling well, but your teenage son has a learner’s permit and can easily take you home.

“But now you have to either drive home sick, or call a taxi to take you home and a wrecker for your car… make it make sense please,” wrote a man on Facebook.

In response, a woman asked: “Why is it Jamaicans are afraid of rules, but comply as they step on foreign soil?”

Said another woman on the JCF’s reminder: “That do(es) not make any sense.

“(For) most of us, our parents gave us driving lessons and we all got our licence and what if you cannot afford to pay the instructor?”

Shared a man on the development: “Listen, the police need to ease up a little; daddies and mommies teach dem children for years to drive and most go through the formalities and get dem licence.”

Another man urged persons to stop blaming the police, as they did not create the law.

“Police don’t make laws; Members of Parliament (MP) and senators (do). People, that is basic civil lesson,” he stated.

“Complain to your MP or the prime minister’s office; that’s how you get changes. Stop blaming police,” added the man.

But the criticisms of the law enforcers continued from social media users.

“Honestly, what is Jamaica becoming… A police state? Now you can’t teach your kids to drive… Government opening driving school now?” asked a male Facebook user.

Commented a woman: “Before you start with that, can the Government put in place driver’s education for children in schools?

“Not everyone is going to be able to afford to pay driving schools for lessons, plus they are already charging an arm and a leg for 30 minutes (for driving lessons). How many hours do you think a new driver will need before being able to take the test and pass?” she asked.

Wrote a man: “While I agree that we have some backward laws in Jamaica, I honestly can’t fault the police and/or the Government for wanting to create safety on the roads.

“Have you seen some of the driving? So, yes, we need persons unfamiliar to an individual to teach them to drive, in my view,” the man suggested.