Ghana's introduction of the TraffiTech-GH automated traffic enforcement system aims to improve road safety and promote discipline on the country's roads. However, the system raises a crucial question: When a driver commits a traffic offence while operating an employer-owned vehicle, who should bear the cost of the fine – the driver or the employer? This debate extends beyond traffic enforcement, touching on labour rights, economic justice, and accountability, particularly for Ghana's informal transport sector workers.
Under the TraffiTech-GH enforcement system, electronic notices of violation are issued to the registered owners of vehicles captured committing traffic offences. The Ghana Police Service clarifies that where a vehicle is registered in a company or employer's name, the company is liable for the fine and must either pay or contest the notice. The registered owner remains liable, regardless of who was driving at the time of the offence. This approach emphasizes vehicle-owner accountability.
The Labour Act, 2003 (Act 651), provides important protections for workers in Ghana. Section 69(2)(a) prohibits employers from imposing pecuniary penalties on workers, while Section 69(2)(b) restricts deductions from workers' remuneration except where permitted under Section 70 or another law. This means employers cannot automatically impose financial penalties on employees or deduct traffic fines from their salaries without considering the applicable legal provisions.
Section 70 of the Labour Act outlines circumstances under which deductions may lawfully be made, including certain deductions made with the worker's consent and deductions arising from losses or damage under specified conditions. Additionally, Section 11 of the Act requires workers to exercise due care in performing their duties. Drivers must therefore comply with traffic regulations and take responsibility for established misconduct.
The implications of TraffiTech-GH may be significant in Ghana's informal sector, where thousands of taxi drivers, trotro operators, delivery riders, and commercial drivers work under daily sales targets, commission arrangements, daily vehicle rentals, and informal agreements. For instance, if an electronic fine is issued to a taxi driver who pays a daily rental fee to a vehicle owner, the owner may need to establish who was driving and the circumstances surrounding the offence before transferring the cost.
The Ministry of Labour, Jobs & Employment emphasizes that employers cannot automatically impose financial penalties on employees or deduct traffic fines from their salaries without considering the applicable legal provisions. The challenge is to ensure that accountability does not undermine the legal protections workers are entitled to enjoy. Balancing road safety, vehicle-owner accountability, and workers' rights is crucial in Ghana's informal sector.
As Ghana continues to roll out the TraffiTech-GH system, stakeholders will need to engage in further discussions on the financial responsibility for traffic fines between employers and employees. The goal is to strike a balance between promoting road safety, protecting workers' rights, and ensuring accountability for traffic offences.
Key points
- The Ghana Police Service holds vehicle owners liable for traffic fines, regardless of who was driving at the time of the offence.
- The Labour Act prohibits employers from imposing pecuniary penalties on workers and restricts deductions from workers' remuneration.
- The informal sector may face significant implications from the TraffiTech-GH system, particularly in cases where drivers work under informal agreements.
