GREAT BAY--The Minister of Justice Nathalie Tackling has identified eight priority areas for a major modernization of St. Maarten’s Road Traffic Ordinance, including tougher rules on mobile phone use while driving, speed cameras, stronger DUI laws, vehicle impoundment for reckless driving and new regulations for scooters, e-bikes and other alternative vehicles.
The proposed reforms were outlined in responses submitted to Parliament in preparation for the 2026 budget debate, against the backdrop of a sharp increase in fatal traffic accidents. Parliament noted that traffic fatalities increased from three during all of 2025 to seven during the first quarter of 2026 alone.
According to the Minister, information from the St. Maarten Police Force, KPSM, points to a serious increase in fatal and severe traffic accidents, driven largely by reckless behavior, driving under the influence and other dangerous driving practices. The Ministry considers comprehensive modernization of the existing ordinance necessary to address current road safety challenges, technological developments and newer categories of vehicles.
Mobile phone use while driving
One of the proposed changes is an explicit prohibition on holding or actively using electronic communication devices while operating a vehicle.
The revised legislation would address activities including making or receiving calls without a hands-free system, texting, recording or watching videos and checking social media while driving. The Ministry noted that the current legislation does not contain sufficiently comprehensive provisions dealing with modern mobile devices.
Speed cameras and license plate fines
The Ministry also wants legislation establishing the legal foundation for automated traffic enforcement, including smart cameras and citations issued based on vehicle license plate numbers.
KPSM currently has to physically stop motorists in order to enforce certain violations, placing additional demands on limited police resources. The proposed legislation would allow authorities to examine the use of automated enforcement and measures to improve collection of outstanding traffic fines, potentially including links to vehicle registration renewal.
Stronger DUI framework
Another priority is the establishment of an objective and enforceable framework for alcohol and drug testing.
This would include statutory breath or blood-alcohol limits, approved testing equipment and procedures, rules establishing when motorists may be required to undergo testing, consequences for refusing a test and appropriate procedural safeguards.
Tougher hit-and-run provisions
The Ministry wants existing hit-and-run legislation expanded to cover all road users, including those using non-motorized vehicles.
It is also proposing stronger penalties where leaving the scene of an accident involves injury or death, subject to compatibility with the Penal Code. Fleeing an accident scene could also be classified as an aggravating factor in subsequent prosecution.
Vehicle impoundment for dangerous driving
Dangerous driving practices such as burnouts, drifting, street racing, reckless driving and dangerous passing would be specifically defined and penalized under the proposed modernization.
The Ministry said police should be given authority to immediately impound vehicles involved in such activities, with the possibility of court-ordered forfeiture for repeat offenders.
New rules for scooters, e-bikes and modified vehicles
The Justice Ministry is also calling for a broader legal framework governing motorcycles, scooters, trikes, ATVs, e-bikes, electric scooters and kick scooters.
Proposed measures include minimum age requirements, maximum speed limits, rules determining where different types of vehicles may operate, helmet certification requirements and mandatory safety equipment.
The Ministry also wants stricter rules against modified exhaust systems that exceed permitted noise levels and explicit authority for police to confiscate and destroy illegal or non-compliant motorcycle and vehicle parts.
Driving without documents
Stronger enforcement is also being proposed against motorists operating vehicles without valid documentation.
This includes expired driver’s licenses, expired vehicle inspections, lack of insurance and invalid registration documents. Proposed penalties include immediate immobilization of a vehicle until valid documentation is presented, together with substantial fines.
Education alongside tougher penalties
The eighth priority combines tougher penalties with mandatory educational measures for serious offenders.
The Ministry is proposing a system under which motorists convicted of DUI or severe reckless driving could be required to complete rehabilitation or traffic behavior courses at their own expense before regaining driving privileges.
The approach would be similar to the Educational Measure for Behavior and Traffic used in the Netherlands, combining punishment with efforts to change dangerous driving behavior.
No firm date yet for legislation
While describing modernization of the Traffic Ordinance as an urgent public safety priority, the Minister did not provide Parliament with a firm date by which the amendments will be tabled.
The Ministry explained that the process will require finalization and legal review of the draft legislation, consultations with stakeholders including law enforcement and the Public Prosecutor’s Office, advice from the Council of Advice and eventual submission to Parliament for debate and adoption.
According to the Minister, the scale and complexity of the proposed changes make it difficult to commit to a definitive timetable at this stage. The Ministry nevertheless said the revision is being treated as a priority and that efforts are being made to advance the process as quickly as possible.
The proposed overhaul represents one of the more extensive revisions contemplated for St. Maarten’s road traffic framework, with government seeking to give law enforcement additional tools to address reckless driving while updating legislation for technology and vehicles that were not contemplated when much of the existing framework was developed.
