GREAT BAY--Minister of Justice Nathalie Tackling has outlined a series of road safety and enforcement measures that could strengthen St. Maarten's response to dangerous driving, while making clear that implementation will depend on legal changes, available funding and the country's limited justice capacity.
Addressing Parliament, Tackling said the Ministry is examining a combination of enforcement support, technology, administrative modernization and equipment to reduce the strain on a police force already operating well below its approved staffing level.
Among the measures identified is the possible expansion of traffic enforcement through special enforcement officers and BAVPOL officers. Tackling said such officers could be used to conduct traffic controls, speed checks and vehicle inspections, while also supporting public order in tourist areas and during events.
The approach would allow trained police officers to concentrate more of their time on duties requiring full police powers, particularly as Basic Police Care remains responsible for traffic controls alongside emergency calls, neighbourhood complaints, public order and other policing responsibilities across the island.
Tackling also identified digitization of the traffic fine system as an important step toward better connecting enforcement, administration and prosecution.
Under such an approach, fines and related enforcement information would move through a more connected system rather than relying on separate administrative processes. Tackling linked this to the eventual introduction of licence plate-based enforcement.
She cautioned, however, that licence plate fines cannot function properly without accurate vehicle registration records.
The Minister's position was that authorities must be able to reliably connect a vehicle's licence plate to the person legally responsible for it before plate-based enforcement can become effective.
Camera enforcement and licence plate-based fines were also presented as a possible response to the continuing problem of scooter riders who flee from police.
Tackling explained that police currently do not have motorcycles available for pursuit and that chasing a scooter through St. Maarten's congested roads can create a greater danger to the public, the police officer and the rider.
She said the risk of a high-speed pursuit must be weighed against the original traffic offence.
“The real answer to solve this problem in my opinion and one that I will be pursuing is cameras and defining of license plates,” Tackling said.
The Minister also identified breath-testing equipment as a significant need. Police currently do not have handheld roadside breathalyzers or larger evidential breath-testing machines at the police station.
Tackling previously explained to Parliament that the equipment gap exists alongside a legal gap, as the country's current traffic legislation does not contain the modern legal framework needed for structural roadside breath testing and measured blood alcohol limits.
Properly equipped patrol vehicles and speed-measuring equipment were also among the needs identified.
According to Tackling, police vehicles operating continuously wear out quickly and cannot always be replaced within the available budget. The absence of speed-measuring equipment further limits the range of traffic enforcement that officers can carry out.
The Minister also drew attention to a lack of storage space for vehicles taken into custody or formally seized.
She explained that custody and seizure are legally different. A vehicle taken into custody is held temporarily, while formal seizure can allow authorities to retain and ultimately destroy a vehicle.
Tackling said the lack of adequate storage can affect the ability of authorities to use seizure, even though removing vehicles from circulation can have a direct enforcement effect.
Another issue raised by the Minister was the guarantee fund intended to protect victims of uninsured drivers.
Tackling said the legal mechanism already exists but is not being executed. She told Parliament that the Minister of Finance is working with insurance companies on the issue.
The fund would address situations in which a person is injured or suffers losses in an accident involving an uninsured driver and is otherwise left without an effective means of compensation.
Tackling presented the various measures as parts of a broader road safety response rather than competing proposals.
“I repeat that this is not a menu but this is the menu it's not the order which of these becomes a reality and when depends on choices that this government and this parliament make together starting with the budget,” she said.
The Minister stressed that the timing of each measure will depend on decisions by Government and Parliament, particularly during the budget process.
She said she would not create the impression that every proposal can immediately be implemented without identifying the financial coverage required.
“That's not me hiding behind the money that's me refusing to sell you a plan that I cannot pay for,” Tackling said.
The Minister explained that the Justice budget is already under pressure from existing obligations and core services. She said the Ministry must continue funding responsibilities including salaries and Kingdom-related obligations while attempting to address growing public demands for traffic enforcement, gun violence prevention, robbery investigations, noise enforcement and public order.
Tackling also said the Ministry is looking beyond traditional recruitment as it confronts long-term staffing problems.
Alternative routes into justice services are being examined, together with greater investment in technology and artificial intelligence to reduce reliance on labour-intensive police processes.
“We're looking at alternative routes into the service and serious investment into technology including artificial intelligence as an alternative to labor intensive police work because we're not going to solve the person with personal but creativity does not replace money safety cost money and there's no version of this story where it does not,” she said.
Tackling's presentation placed particular emphasis on matching public expectations for stronger enforcement with the personnel, equipment, legal authority and financial means required to carry it out.
She told Parliament that road safety improvements will ultimately require choices on legislation, police capacity, equipment and technology, and called for Government and Parliament to approach those decisions together.
