Proposal on right to drive confusing

Public Safety Commissioner Charles W. Ingram Jr. has raised concerns on possible difficulties posed by a proposed measure restricting the right to drive vehicles to those who hold either a Commonwealth driver’s license, a U.S. license, or those who are just plain tourists in the CNMI.

In a letter to Rep. Dino M. Jones, chair of the House Committee on Judicial and Governmental Operations, the DPS Chief said HB 12-066 does not establish measures that will prevent abuse or assist police in determining the length of time a person has been residing in the Commonwealth.

The CNMI allows anyone with a valid driver’s license from outside the Commonwealth to drive in the CNMI for up to 30 days without having to secure a Commonwealth driver’s license.

However, Rep. Jones said this has been frequently abused by people from other countries who never bother to get a driver’s license. Most of the time, people who are pulled over claim that they have been in the Commonwealth for less than 30 days and the police officer cannot easily confirm or check this.

In correcting the loophole in the law, Rep. Jones said the privilege of operating vehicles in the Commonwealth should be restricted to those who have either Commonwealth or U.S. driver’s licenses.

Mr. Ingram questioned a provision in the bill which eliminates licensing requirements for visitors with tourist visas when these are more difficult to monitor thus, they pose a greater risk.

The resident/guest workers are the easiest to monitor since they possess an immigration documentation which indicates when they entered the Commonwealth.

Mr. Ingram noted that the drafters of the bill overlooked visitors traveling here from FAS/FSM who are not required to get a tourist visa and do not meet the Guam/U.S. exemption therefore, no temporary driving privileges are extended to them.

While there exist no legal or constitutional deficiencies that would cause the Office of the Attorney General to recommend disapproval or veto HB 12-066, Assistant Attorney General Elliot A. Sattler raised several policy issues relating to the feasibility and enforceability of the proposed measure.

Mr. Sattler questioned why those holding valid driver’s license from U.S. or Guam are exempted while those from American territories which are presumed to have essentially similar traffic laws as the CNMI do not have similar exemption.

The bill exempts those who are considered long-term residents or those who have stayed here for at least five years. “If verifying 30-day residency is difficult, verifying five years is a nightmare,” Mr. Ingram said, adding that this will put so much burden on the Bureau of Motor Vehicles.

The bill requires anyone who wish to possess a Commonwealth driver’s license to take a driver’s education course which must be handled by a police officer. Mr. Ingram wants to know if the Legislature will fund such program for a full-time employee since DPS could no longer include such an expense amid limited financial resources.

Mr. Ingram said a reasonable fee for the administration of the program may help DPS but it should require every first time driver’s license applicant, regardless of how long they’ve been here, to take the course and pay.

“The only thing the Legislature might do to make this more foreigner unfriendly is to charge $500 for the driver’s course. That would virtually eliminate foreign drivers from the roads,” Mr. Ingram said.