GREAT BAY--Minister of Justice Nathalie Tackling told Parliament that St. Maarten’s Road Traffic Ordinance requires substantial modernization, revealing that a proposal dating back to 2015 is now being examined while Justice and TEATT consider how best to move forward with reforms covering impaired driving, hit-and-run cases, speed enforcement, mobile phone use and newer forms of transportation.
The Minister provided the information Thursday while responding to a wide-ranging series of questions from Members of Parliament on road safety, Justice legislation, police resources, immigration enforcement, outstanding salary adjustments and revenue collection.
Tackling said she had not previously been aware of a Policy Initiation Document, PID, concerning modernization of the Road Traffic Ordinance because the initiative originated within the policy area of TEATT. She said she only became aware of the document while reviewing records in preparation for the parliamentary meeting.
According to the Minister, work associated with the initiative goes back to 2015. A company involved in the process has indicated costs of approximately Cg 352,800, covering work connected to a new Road Traffic Ordinance as well as the initial development of a proposed Mobility Authority under TEATT.
Tackling cautioned, however, that the Ministry has not established that this amount constitutes a legally payable invoice. Government is reviewing whether there was a formal engagement with the company, what work was authorized and whether a legal basis exists for payment.
She said Justice and TEATT have also discussed forming a working group to examine the modernization effort, particularly in light of a motion introduced by MP Franklin Meyers during the budget debate.
Cell phones, breathalyzers and speed cameras among areas identified
Tackling outlined several areas she believes should form part of a modernized traffic framework.
Among them are clearer rules governing drivers who hold or use mobile phones while driving, including making calls, sending messages, recording videos or checking social media. She also identified the possible use of speed cameras and the issuance of traffic citations based on vehicle registration numbers.
Driving under the influence is another area requiring more comprehensive legislation. Tackling pointed to the need for provisions governing approved breathalyzer testing, legal blood-alcohol concentration limits, roadside testing and penalties linked to measured alcohol levels.
The Minister also identified stronger rules for leaving the scene of an accident, dangerous driving and overtaking, as well as clearer regulation of motorcycles, scooters, trikes, ATVs, electric vehicles, bicycles and kick scooters.
Such regulation could address minimum ages, maximum speeds, access to public roads, approved helmet standards and modified exhaust systems that create excessive noise. Tackling also raised the possibility of giving police clearer authority to confiscate illegal motorcycle equipment where legally appropriate.
Driving with expired licences, vehicle inspections, insurance or other required documentation was also identified as an area where modernization could strengthen enforcement.
Police equipment request cut from Cg 300,000 to Cg 75,000
Tackling also addressed concerns that police officers sometimes purchase equipment with their own money.
She told Parliament that uniforms and required equipment must be provided and that officers should not be expected to personally purchase mandatory or safety-critical equipment.
For 2026, KPSM requested approximately Cg 300,000 for uniforms and personal equipment, according to Tackling. That amount was ultimately reduced to Cg 75,000 during the budget process.
The Minister said similar reductions have occurred over several fiscal years and that she is examining whether funds can be reprioritized within the Ministry’s 2027 budget before requesting additional resources.
Tackling also confirmed that four police officers are currently suspended, three of whom are involved in active criminal investigations. She said officers are not simply sent home without cause and that disciplinary procedures are followed.
Criminal Procedure Code targeted for return to Parliament
The Justice Ministry’s legislative agenda also includes modernization of the Criminal Procedure Code, prison legislation, the Bailiffs Ordinance, Attorneys Ordinance, camera surveillance legislation, privacy protection legislation and amendments to the Notary Ordinance.
Tackling said parliamentary consideration of the Criminal Procedure Code had stalled because comments and proposals previously submitted on the draft still require a formal response from the Ministry.
The Ministry hopes that parliamentary deliberations on the legislation can resume during the first quarter of 2027.
She acknowledged that legislative work across the Justice sector continues to be affected by limited capacity, particularly a shortage of legislative policy advisers.
Justice workers’ back pay
Tackling also provided an update on outstanding payments connected to the placement process for Justice workers.
Phase two, covering the period from October 10, 2010 through December 31, 2022 where applicable, has begun. The Minister said the calculations and administrative advice are expected to be finalized by the Ministry by the end of November.
Approximately Cg 5 million annually has been incorporated into the budget for the payout process.
Tackling said she has also asked staff to examine whether cases involving retirees can be processed more quickly, acknowledging that some persons entitled to adjustments have died while waiting for the process to be completed.
The Minister stopped short of providing a specific payment date, explaining that actual disbursements form part of Government’s wider budget execution and payment process.
Government looking to close Justice revenue gaps
Another area receiving attention is revenue collection.
Tackling said the Ministry is reviewing changes to the Fees Ordinance, possible adjustments to certain immigration permit fees and charges for specialized services and documents that are currently provided without charge.
These could include certain crew-member documents, visa waivers and exemption requests where legislation permits fees to be imposed.
The Ministry is also examining digital payment systems, stronger billing and collection procedures, recovery of outstanding amounts and closer cooperation with the Ministry of Finance and Receiver’s Office.
Tackling said particular attention is being given to ensuring that revenues legally intended for statutory funds, including the Crime Fund, are properly allocated rather than being absorbed into Government’s general revenues.
The Public Prosecutor’s Office reported that 1,558 fines were settled in 2025, generating Cg 168,444, although the Minister explained that those payments were not necessarily all related to fines issued during 2025. Multiple payment channels and different administrative systems continue to complicate reconciliation of the amounts actually collected.
Event permits clarified
Responding to questions about permits, Tackling clarified that not every private gathering requires authorization from the Minister of Justice.
Private invitation-only gatherings generally do not require an event permit simply because an event is taking place. However, an indoor concert, party or sporting event open to the public may require approval where it could affect public order, safety, traffic or the surrounding area.
Events taking place in streets, alleys or other public spaces generally require prior assessment because of their potential effect on public access and safety.
The Minister also explained that more than one Government approval may sometimes be required because different laws protect different interests and assign responsibilities to separate authorities.
Default speed limits still apply
Tackling also addressed a recurring issue concerning missing road signs.
She said Article 12 of the Road Traffic Ordinance establishes default maximum speeds of 30 kilometres per hour in built-up areas and 50 kilometres per hour outside built-up areas, unless another limit has been legally established.
Those limits do not automatically disappear because a speed-limit sign is absent.
The Minister nevertheless acknowledged that where road signage or conditions create genuine uncertainty, evidentiary problems can arise when a traffic fine is challenged in court.
Immigration, extradition and enforcement
On immigration enforcement, Tackling rejected the suggestion that Government has a policy of separating migrant families. She said immigration decisions must be made individually, taking into account applicable human rights standards, family circumstances, proportionality and the best interests of children.
She also confirmed that there is no bilateral extradition treaty between the Kingdom of the Netherlands, including St. Maarten, and Jamaica.
Where a person is convicted but remains abroad, Tackling explained that possible enforcement depends on the legal cooperation available with the country concerned. A sentence can remain enforceable, and where an extradition treaty or another legal mechanism exists, authorities may seek the person’s return.
The Minister’s answers Thursday placed several long-running Justice sector issues before Parliament at the same time, including outdated traffic legislation, enforcement resources, equipment shortages, pending salary adjustments and weaknesses in revenue collection.
Tackling told MPs that legislation alone will not improve road safety without trained personnel, testing devices, traffic-analysis capacity, calibrated speed equipment, proper road markings, digital systems, forensic support and sustained public education.
