Tuesday 9 May 2023 | Written by Supplied | Published in Letters to the Editor, Opinion
The law I refer to is found in the Cook Islands Transport Amendment Act No 3, 1995 regarding the issue by Police of a ‘Minor Offence Notice’ (on-the spot fine), and the crippling requirement that the fees named in the notice must be paid within seven days at the time of service.
Nowhere in the region is this excessively harsh requirement inflicted on its population. By way of comparison, erring motorists in Fiji have 90 days to pay the infringement. In Samoa the time given to pay is 28 days and in Tonga its 21 days.
In New Zealand and Australia booked motorists have 28 days to make payment, with options to apply for extra time.
When the Minor Offence Notice was introduced 28 years ago, the maximum penalty fee was $40, with a minimum of $10.
Section 55C of the Act also states, that failure to pay the fine on time, would proceed to prosecution and if convicted, the wayward offender could be liable to a further $100 additional penalty.
Today, in May 2023 failing to wear an approved bicycle helmet will cost you $250. Speeding fines have also been dramatically increased, ranging from $100 to $250 depending on the speed over the limit.
This issue is not new and was featured several times in the Cook Islands News in 2022. In one article dated 15 December it was reported that Cook Islands courtrooms arecontinuing to be clogged with climbing numbers of people who have not paid their fines.
The current situation is unsound, not only for the offending road-user whose fine might well exceed his/her week’s wages. It is also unfair on the police who have to enforce and explain the law, and the courts who have to deal with the aftermath.
Perhaps now might be the right time to update the old rule book.
Rod Henderson