Road users ask for explanation for Pirates Fest road closures Loop Cayman Islands

Black Immigrant Daily News

Traffic congestion, believed to be caused by roads being blocked in George Town to accommodate Pirates Fest activities, resulted in delays for members of the public trying to make their way home or for an evening out on Friday.

While the police initially notified the public of the road closures (lasting from 17 to 20 November) by way of a press release published on their website on November 17, 2022, some members of the public are now asking why the police were allowed to close the roads in the first place.

Source of Authority

In order to explain the powers of the police and others to close roads and erect signs, it is useful to look at a number of areas, including the Public Order Act, the Traffic Act and the Roads Act.

Public Order Act

Under the Public Order Act, for example, any person desiring to organise a procession (which includes a public march or procession on a public place) shall, at least three days before such intended procession, make application to the Commissioner of Police for a permit.

Regarding this, the applicant must set out the names and addresses of the organisers of the procession, the proposed point of departure, route and point of termination of the proposed procession, the proposed date and times within which the procession will take place and an estimate of the number of people who are expected to take part.

If the Commissioner of Police grants permission, he may do so with conditions calculated to prevent obstruction of traffic and inconvenience to the public in general (the Commissioner of Police also has the power to re-route any procession if he has reasonable grounds for apprehending that a procession which is taking place may occasion public disorder, obstruct traffic or interfere unduly with the convenience of the public).

Traffic Act

In connection with this activity, the Traffic Act gives the power to the Traffic Management Panel to cause or permit traffic signs to be placed, erected or otherwise marked on or near any road.

The Traffic Act also gives a police constable the power to erect on a road, whether during the day or night a road block or barrier, at which all vehicles shall be required to stop.

Further, the Traffic Act states that where there are any road works, no person may carry out works under, in, over, along or across a road which may affect the normal circulation of traffic on that road, without having first given the Commissioner of Police two days’ notice in writing.

In connection with this, the Commissioner of Police may require a person carrying out works under, in, over, along or across any road to cause those works to be signed and indicated with such traffic signs and signals in such positions as that Commissioner of Police thinks fit.

Roads Act

The concentration of such powers with the Commissioner of Police leaves the National Roads Authority (NRA) with limited authority under the Roads Act to cause traffic to be diverted from any road for the purpose of altering or improving the same.

Since the Pirates Fest activities do not involve the altering or improvement of roadways, the NRA would not have been involved in diverting any traffic.

This position was further confirmed by Edward Howard, managing director of the NRA, who told Loop today that the NRA “had no involvement in the planning of the Pirates Festivities.”

To make matters more interestingly complex, the NRA has no authority to instruct the Commissioner of Police in relation to actions taken by the police in connection with the Pirates Fest activities. This is the case because, under the Cayman constitution, the responsibility for internal security, including the police, lies with the Governor.

Therefore, when it comes to the “simple” task of resolving the situation with public roads being blocked for the Pirates Fest activities, one has to walk a delicate line, always being careful not to overstep the Governor’s powers or reporting lines under the constitution.

NewsAmericasNow.com