WILLEMSTAD – The legal basis for requiring every driver in Curaçao to submit a medical certificate when renewing a driver’s license every five years is being questioned. A review of the published traffic regulations indicates that the current legislation does not appear to contain a general requirement for all drivers to undergo a medical examination during regular license renewals.
The issue was raised by Edwin “Makambi” Flemeling in an opinion piece discussing the costs and necessity of the medical certificate requirement. He pointed out that the form currently used by authorities refers to Article 93, section c, of the Curaçao Road Traffic Ordinance as the legal basis for the requirement.
However, that reference appears incorrect. In the current Road Traffic Ordinance Curaçao 2000, Article 93 concerns technical requirements for bicycles. Section c states that a bicycle must have a bell.
The same article in the former 1957 traffic ordinance also did not concern medical fitness. That article dealt with passport photos and personal information required for a driver’s license application. The correct reference at that time was Article 89, section c.
Previous regulation contained requirement
Under the old 1957 traffic ordinance, applicants were required to submit a medical statement confirming that they were physically and mentally fit to operate a vehicle. Article 104 stated that this certificate also had to be submitted when a driver’s license was renewed.
That requirement was directly included in the old ordinance. However, the 1957 regulation was replaced when the Road Traffic Ordinance Curaçao 2000 entered into force in 2002.
The current legislation does allow authorities to assess a driver’s physical and mental fitness. It also allows authorities to limit the validity period of a driver’s license if there are reasons to believe that the person may no longer remain fit to drive for the full five-year period.
However, the current law does not explicitly state that every driver must provide a medical certificate at every regular renewal.
No clear implementing regulation found
Article 107 of the current traffic ordinance allows additional rules regarding driver’s license applications and issuance through a national decree.
However, no implementing regulation was found in the official register of Legislation and Legal Affairs that reintroduces a general medical certificate requirement for all regular driver’s license renewals.
The transitional provision in the current traffic ordinance also does not appear to provide a clear solution. Article 131 states that old implementing decisions from 1957 remain valid until replaced. However, this applies only to separate implementing decisions, not provisions contained directly in the old ordinance itself.
The medical certificate requirement was included in the old ordinance and not in a separate implementing decision.
Medical certificates apply to specific groups
The most recent regulation referring to medical certificates is the 2023 Driver Testing Regulation. That requirement applies only to specific categories of drivers.
These include drivers aged 80 and older, persons whose driver’s license has expired for more than twelve months, certain holders of foreign licenses and people whose physical or mental fitness to drive is questioned.
The regulation does not state that drivers with a valid Curaçao driver’s license must provide a medical certificate during a normal, timely renewal.
Despite this, the government’s online service portal states that all applicants renewing a driver’s license must submit a medical certificate no older than two months. A new driver’s license costs ANG 95, while the medical examination represents an additional expense for citizens.
Government must clarify legal basis
The minister does have authority under Article 105 to establish additional requirements for issuing driver’s licenses. However, those requirements must be officially published in the Publicatieblad.
A reference on a government website is not sufficient to create a legal obligation. An online government portal can explain existing rules, but it cannot independently introduce new requirements for citizens.
The current situation suggests that authorities may have continued an existing administrative practice after the direct legal basis for that practice disappeared with the introduction of the 2000 traffic ordinance.
It remains possible that an older or incorrectly indexed regulation exists that still provides a legal basis for the requirement. In that case, the government would need to identify the specific regulation, indicate when it was published and explain which legal provision supports the obligation.
Until such clarification is provided, questions remain over why every driver in Curaçao must pay for a medical certificate when renewing a driver’s license every five years.