Cellphone law effective February 19

By Dana Seetahal

(Please note that this article is not the work of MTI but has been posted for your information)

At least ten persons spoke to me on Thursday last about the new cellphone law that is to take effect in the new year. Most had no idea what the law is about and when it is to be actually effective. Some wanted to know how come there had been no parliamentary debate on the law; they had heard none.

It is a regulation

The first thing to appreciate is that the new law is not a separate Act but comprises a set of regulations made under the Motor Vehicle and Road Traffic Act. That Act, in section 100, permits the relevant Minister to make regulations for, among other things, "the safety, control and regulation of traffic and use of vehicles" on the road. This is a power that was delegated to the Minister in the main Act and such regulations do not need parliamentary debate or approval. They are still law although referred to as "delegated" legislation.

Over time various regulations have been passed and there are now a couple of hundred regulations and many sub-regulations. They deal with all manner of things such traffic signals, overtaking, parking and the like. Now they also deal with the use of cell-phones while driving.

What it says

The new law is called the Motor Vehicles and Road Traffic (Mobile Devices) Regulations 2010. It creates three new traffic offences. First, it is provided as follows:

"No person shall drive or have charge of a motor vehicle on any road while holding or using a hand- held mobile device."

Mobile device means a mobile telephone or other device which performs interactive communication function by transmitting and receiving data. This additional prohibition is possibly meant to include any further variations of cellphones in the future that might not strictly be deemed "mobile" telephones. Breach of this regulation renders a person liable to a fine of $1,500 or three months imprisonment.

Driving instructors cannot escape by claiming they were not driving. The law covers persons "supervising" the holder of a provisional permit.

In addition there is now a prohibition against any person viewing or sending text messages while driving.

The specific regulation states:

"No person shall use a wireless communication device to view, send or compose an electronic message while driving or having charge of a vehicle."

A "wireless communication device" means a device used to transfer information over a distance without the use of electrical conductors or wires. A cellphone transmitting text messages is obviously such a device. The penalty for this breach is also a fine of $1,500 or three months imprisonment.

Exemptions

The law however specifically exempts use of mobile telephone on the road once it is in "hands-free mode". It also does not apply when the vehicle is off the road/parked and not in motion and not impeding traffic. It will thus still apply if the vehicle is stopped and off the road but is in motion. In other words turn off the engine.

Further the law does not apply to the driver of an ambulance, fire service or police service vehicle. Note, it applies to ambulance drivers, fire officers and police officers when they are driving in private capacity. When such a person is actually driving such a vehicle, however, i.e. ambulance or fire/police service vehicle, he is exempt. The law also allows the Minister to exempt certain persons or classes of persons that he prescribes.

Effective Date

There has been a lot of concern as to when the new law will come into effect. The law is published as Legal Notice No. 281 in the Official Gazette of November 18, 2010. Publication in the Gazette is required before a statutory instrument [which regulations are] is effective, as specified in section 12 of the Statutes Act. That Act also states that a statutory instruments will come into operation on the date of publication unless a later or earlier date is prescribed in the instrument.

Interestingly enough this 2010 law itself provides at regulation 2:

"These regulations shall come into effect three months from the date of publication."

Given that the date of publication is November 18, 2010 three months later would be February 18, 2011. Since one does not count the actual date of publication in computation of time the three months therefore will end of February 18 and so the law comes into effect on February 19, 2011.

Ticket

A new order made under the "Ticket" Act permits tickets to be given for these traffic breaches instead of a full charge. If a ticket is issued and paid the penalty is a flat $1,000. If not paid then the matter is treated as a regular traffic charge before the courts.

New Year

The New Year brings with it another facet of government regulation of social behaviour following the Breathalyser and tobacco laws. Hopefully these will contribute to a better quality of life in T&T.

• Dana S Seetahal is a former independent senator

Trade Licence Unit re-opens in Tobago

Tobago residents will now be able to get their import and export licences and manufacturers’ concessions without having to travel to Port of Spain, with the recent re-opening of the Trade Licence Unit’s office in Scarborough, Tobago. The TLU Tobago office is located at Unit 30-31, Sangster Hill, in the same premises as the Business Development Company.

The Tobago office will accommodate one Trade Licence officer who will be present on Tuesdays from 8:30 am to 3:00 pm. The Officer will:-

• Collect applications for import and export licences and deliver approvals the following week;

• Accept faxed applications no later than Monday morning in order to facilitate collection the next day.

• Conduct on site investigations;

• Provide responses to queries regarding the import and export negative lists and

• Assist customers in completing application forms

Bernadine Glasgow, Chief Trade Officer, Trade Licence Unit, was in Tobago for the opening of the new Tobago office and presented a token of appreciation to Ms. Cheryl John, the very first customer.

Bernadine Glasgow presents a token of appreciation to Ms. John

MTI Divali Celebrations 2010

The spirit of light and reawakening filled the air at Nicholas Tower on Wednesday 3rd November, when MTI staff participated in our 2010 Divali Celebrations. Hats off to the TICITT team for organizing this successful event which showcased different aspects of this important religious and cultural festival.

Along with outstanding performances from dancer Karishma Kerrie Ramoutar and singers Kevin Khan and Sheetal Sirjudeen and a very interesting and informative address from our guest speaker, Maya Vahini, MTI staff got the chance to participate in a Best Dressed Competition and a live Divali Quiz. Ten lucky staff members also had their hands decorated with mehendi designs by the very talented Hannah, who also explained the origins of this beautiful and fascinating practice.

Many thanks to our excellent hosts Tition Ali and Avinash Khoorban, for doing such a wonderful job keeping staff entertained and connected and congrats to all winners and all those who participated in this year’s celebrations!

Best Dressed Competition Winners

1st place – Reakha Maharaj, Investment

2nd place – Ria Ramdial, Trade

3rd place – Devita Abraham, Policy and Strategy

Divali Quiz Winners

The winning team comprised the following members of staff:

• Beverly Mahabir-Charles, Fair Trading Unit

• Krysta Ramrattan, Trade

• Reakha Maharaj, Investment

• Ria Ramdial, Trade

• Sherry-Ann Seemunta, Corporate Services

PHOTOS

Our hosts Tition Ali and Avinash Khoorban

Best Dressed Competition contestants with PS

Dancer Karishma Kerrie Ramoutar

Mehendi designs by Hannah

Singers Kevin Khan and Sheetal Sirjudeen

Guest speaker Maya Vahini

MTI participates in conference to connect the Caribbean and Central America

Major business entrepreneurs from both the Caribbean and Central America met last week in Trinidad to attend a 1-day conference designed to identify and promote business opportunities between the two regions. Held at the Hyatt, the conference entitled “Connecting the Caribbean and Central America: Exploring and Seizing New Opportunities” provided participants with insights into the economic and competitive landscape of the regions and facilitated matchmaking meetings with the top-level executives of the Caribbean and Central American companies.

The conference was hosted by the Trinidad and Tobago Chamber of Industry and Commerce (TTCIC) and the Association of Caribbean States (ACS) along with the Guatemala Chamber of Commerce. In addition to providing participants with the chance to explore business opportunities in both regions, the conference also featured presentations by the owners of well-known local businesses who have had success in foreign markets – Kama Maharaj of Sacha Cosmetics; Aleem Mohammed of SM Jaleel; and Arthur Lok Jack of Associated Brands Industries Limited – to serve as exemplars of what needed to be done to succeed internationally.

The day-long conference was preceded by a cocktail reception on October 19th at the Diplomatic Centre, St. Ann’s, where participants were able to interact with each other in a more relaxed atmosphere. Prime Minister the Hon. Kamla Persad Bissessar as well as Minister Cadiz were present to address the audience.

Given the limited size of our domestic market, the Ministry of Trade and Industry (MTI) recognizes the importance of exploring business opportunities in foreign markets and has already worked with CARICOM to secure bilateral trade agreements with several Latin American countries. MTI was therefore one of the major exhibitors and sponsors of the Caribbean-Central America Conference and several MTI staff took part in the event including Ramesh Sarabjit, Tanya Carr, Timitra Williams, Charla-Marie Douglas, Reakha Maharaj, Donna Marshall-Elias and Kateri Johnston. The participants were able to find out information about the Ministry from the MTI booth on display at the conference and they were also given the chance to win a bottle of local rum in a prize draw held by MTI on the same day.

The following are some key facts about Central America:

• Central America comprises the countries in the isthmus connecting North and South America – Belize, Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua and Panama.

• Population: 42.1 million

• Regional GDP: US $ 132 850 million (2009)

T&T Artistes a big hit at Expo Shanghai 2010

As most of you should already know, T&T week took place in late September at the World Expo in Shanghai, China. This was a very exciting week for all as our Expo organizing team scheduled a number of events during this time to showcase the country’s exceptional talent and rich culture.

The main highlights of the week, however, were performances from some of T&T’s major artistes – Kes the Band, Maximus Dan, Rikki Jai, Nadia Batson and pannist Noel La Pierre – who gave the international crowd at the Expo a taste of what the entertainment industry in T&T has to offer. Expo visitors were very impressed by our artistes and although for most of them it was their first experience of Trinbagonian music, they thoroughly enjoyed the vibrant performances.

According to Dionne McNicol, CEO, Trinidad and Tobago Entertainment Company (T&T EnT), “the music transcended the language barrier and culturally the artistes represented Trinidad and Tobago brilliantly”. She also noted the positive response of the crowd to the steelpan and it confirmed her belief that our national instrument has the potential to become the festival instrument of the world – featuring at all prominent World Festivals and Expositions. Given the positive response by the Chinese to T&T music, T&T Ent plans to market our local entertainers in Asia.

T&T week did not only comprise performances by our local artistes but also featured many interactive activities with the Expo visitors, including face painting and the chance to try on Carnival headpieces and take pictures.

Have fun looking at the photos taken at T&T week to truly experience the excitement that took place at Expo Shanghai! (You can click on the photos to enlarge them)

Minister and PS visit Asia

Minister of Trade and Industry Stephen Cadiz , PS Carl Francis and Randall Karim, Director, Policy & Strategy, have arrived in Singapore to attend the Latin/Asia Business Forum. In addition, Minister Cadiz will meet with his Singaporean counterpart, the Honourable Lim Kiang, to discuss a range of trade issues, including the need to negotiate a bilateral investment agreement between our two countries.

Minister Cadiz is then scheduled to visit Shanghai, China for T&T week celebrations at Expo Shanghai 2010 and the Trinidad & Tobago Business Forum which takes place on 27^th September 2010. The Minister’s week-long trip to Asia offers a significant opportunity for strengthening of T&T’s relationship with key businesses in this vital sector of the world economy.

Minister Cadiz’ presence at the Latin Asia Business Forum (LAB) in Singapore will mark T&T’s second year of participation at the event, which takes place on 22^nd September 2010. Inaugurated in 2004, LAB is widely recognized as the region’s premier event for Asia’s leaders to network with their Latin American counterparts. According to the Minister, T&T has returned to this event to “continue the process of strengthening the commercial relationship between our two regions as we believe that we have much to offer and gain from our partners in Asia”.

Apart from his meeting with the Honourable Lim Kiang, Minister of Trade and Industry, Singapore, Minister Cadiz will also meet with key representatives from the Singaporean firm CrimsonLogic, the company which is working alongside the Ministry of Trade and Industry (MTI) to implement the Single Electronic Window (SEW) in Trinidad and Tobago.

The Minister is also scheduled to meet with the Singapore Infocomm Technology Federation (SiTF) to discuss the possible participation of Singapore companies in Tamana Intech Park (TIP), the largest environmentally friendly, Science and Technology Park in the Caribbean. SiTF is Singapore’s premier infocomm industry association, which brings together some 400 corporate members from MNCs and local companies. SiTF assists its members in business development, market intelligence, overseas trade missions, networking and alliances.

In Shanghai, China, the Minister will take part in the T&T week at Expo Shanghai 2010 and will also host the T&T Business Forum at the Sofitel Hotel in downtown Shanghai. The Forum involves presentations from a range of agencies on doing business and investing in Trinidad and Tobago. Invitees to the Forum include some of the major businesses in Shanghai along with key members of the local chamber and other business associations.

The global economic landscape is changing and many countries in Asia now present Trinidad and Tobago with great opportunities for business joint ventures, technology transfer, tourism, cultural cooperation and training. MTI envisions that this encounter will help to further strengthen economic ties between Trinidad & Tobago and its Asian counterparts and enhance our position as a major presence for investment within this region.

Kes and Joe Brown at Expo Shanghai 2010

Expo Shanghai 2010 will experience the power of T&T’s music ambassadors in late September when international entertainer Kees Diefenthaler and his group Kes The Band, Maximus Dan, Rikki Jai and Nadia Batson perform at the Trinidad and Tobago booth. The sounds of soca, chutney and rapso will be on full display in China onstage at the CARICOM Pavilion.

The local entertainers are the major acts featured during Trinidad and Tobago week, which runs from September 19^th to 26^th at the Pavilion, where the T&T Booth is located. The week features a number of activities including local food, product displays and sales, carnival costume displays, etc. T&T Week is designed to highlight the various aspects of our culture for visitors and participants at the Expo.

In addition, Chef Joe Brown will join the T&T delegation to prepare authentic Trinidad and Tobago food, which will be featured at the Trinidad and Tobago Business Forum which takes place on September 27^th at the Sofitel Hotel in downtown Shanghai. Hosted by Eteck, The Forum involves presentations from a range of agencies on doing business and investing inTrinidad and Tobago. Invitees to the Forum include some of the major businesses in Shanghaialong with key members of the local chamber and other business associations.

Part of the overall CARICOM Pavilion, Trinidad and Tobago’s presentation at Expo Shanghai 2010 focuses on a core activity of securing business opportunities in trade, joint venturing and foreign direct investment. The concept of our display ties in closely with the overall theme of Expo Shanghai 2010 and allows us to ingeniously focus on the many business opportunities available in our major metropolitan areas by highlighting through striking photographic images, visuals and text, the many strengths and competitive advantages of Trinidad and Tobago to potential investors, business partners and members of the visiting public.

Expo Shanghai 2010 is a scheduled World Expo in the tradition of international fairs and expositions held under the Bureau of International expositions (BIE). The theme of the exposition will be "Better City – Better Life" and signifies Shanghai's new status in the 21st century as a major economic, diplomatic and cultural centre. It is expected to generate the largest number of visitors in the history of the world's fairs in terms of gross numbers.

More than 200 countries and over 50 international organizations are participating in the Shanghai World Expo. China expects to receive almost 100 foreign leaders and millions of people from across the world to come and visit the World Expo. 70 million visitors are expected overall, the largest in history.

Chef Joe Brown

Kes the Band