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Heavier punishments under amendments to Road Transport Act

KUALA LUMPUR: The bill to amend the Road Transport Act 1987 will focus on three main aspects - driving under the influence of alcohol, driving under the influence of drugs and reckless driving.

Transport Minister Datuk Seri Dr Wee Ka Siong said the reason the ministry decided to focus on the three main aspects was to ensure that Malaysian roads were safe for all.

Wee said the amendments also meant that heavier punishments await first-time and repeat offenders, especially on road accidents that cause death of others.

The bill was tabled for its first reading in the Dewan Rakyat today by Wee and the second reading is expected to be during this Parliament session.

The bill, among others, seeks to increase the penalty of certain traffic offences. In some cases, imprisonment will be made mandatory.

"We are making imprisonment mandatory because we want Malaysians to understand that we are serious about curbing road accidents that lead to deaths," Wee told a media briefing at the Parliament building here today.

Reckless driving

Amendments to section 41 of Act 333 on reckless driving which causes death will see first-time offenders jailed between five and 10 years, fined between RM20,000 and RM50,000 and driving licence disqualification for five years or more.

For second-time or repeat offenders will be sent to jail between 10 and 15 years, fined between RM50,000 and RM100,000 and will face licence disqualification for 10 years.

For reckless driving which doesn't cause death under section 42 of Act 333, the punishments under the amendments are similar to the ones under the current Act except for the licence disqualification for first-time offenders which will be increased from a minimum two years to a minimum five years.

The current punishments for first-time offenders of reckless driving are maximum five years' jail, RM5,000 to RM15,000 fine while repeat offenders face a maximum 10 years' jail and fine between RM10,000 and RM20,000.

Under Section 43 for careless and inconsiderate driving, first-time offenders will be fined between RM5,000 and RM10,000. They may also face a year's jail.

Second-time and repeat offenders will be fined between RM10,000 and RM15,000 and they may be imprisoned for a maximum one year.

"Falling asleep when driving will be considered reckless driving. It also includes all the dangerous driving that we see on the road every day, cutting people off here and there as well as the way 'mat rempit' riding their motorbikes dangerously with their feet flying all over the place," Wee said.

Driving under the influence of alcohol and drugs Amendments to Section 44 of the Act which covers offences related to driving under the influence of alcohol and drugs that causes death will see first-time offenders sent to jail between 10 and 15 years, fined RM50,000 to RM100,000 and licence disqualification for at least 10 years.

Second-time and repeat offenders will be sent to prison between 15 and 20 years, fined RM100,000 to RM150,000 with 20 years of licence disqualification.

For those driving under the influence and causing injuries to others, first-time offenders will be sent to jail between seven and 10 years, fined RM30,000 to RM50,000 and licence disqualification of seven years or more.

Second-time and repeat offenders of causing injuries to others will be sent to jail between 10 and 15 years, fined RM50,000 to RM100,000 and 10 years licence disqualification.

Amendment to Section 45 of Act 333 on being in charge of vehicles when under the influence of alcohol or drugs, imprisonment is not mandatory.

The first-time offender will have to pay between RM1,000 and RM5,000 fine and they could also be imprisoned for a maximum two years or face licence disqualification of two years or more while repeat offenders will be fined between RM5,000 and RM10,000 or be sent to jail for not more than five years or face licence disqualification for five years or more.

For amendments to Section 45(a) which covers those in charge of a vehicle with an alcohol content above the prescribed limit, the first-time offender will be jailed not more than two years, fined RM10,000 to RM30,000 and licence disqualification of two years or more.

Repeat offenders will be sent to jail not more than five years, fined between RM20,000 and RM50,000 and licence disqualification of five years or more.

"For this particular amendment, about being in charge of a vehicle, it is for when you think you are being smart by parking your car by the roadside the moment you see a roadblock or quickly changing driver when you see policemen nearby.

"You will not be spared and will face the consequences as mentioned," Wee said.

Breath test and specimen analysis

Amendments to Section 45(b) and 45(c) on breath test and specimen analysis respectively are for those suspected to be under the influence of alcohol or drugs but refuse to cooperate with the authorities when asked to provide relevant samples for testing.

First-time offenders will be jailed not more than two years, fined between RM10,000 and RM30,000 and licence disqualification of two years or more.

Second-time or repeat offenders will be jailed less than five years, fined RM20,000 to RM50,000 and licence disqualification of five years or more.

"You must cooperate when the authorities asked you to. The government will also change the prescribed limit of alcohol content in a body to match the WHO's (World Health Organisation) standard," Wee said.

Based on amendments to Section 45(g), the prescribed limits for alcohol content would be changed to 22mcg of alcohol in 100ml of breath (previously 35mcg), 50mg of alcohol in 100ml of blood (previously 80mg) and 67mg of alcohol in 100ml of urine (previously 107mg).

"We will be holding a nationwide tour to explain to the people about the amendments as well as to educate them on the dangers of driving recklessly or under the influence of alcohol and drugs.

"We are also (collaborating) with Grab (car service). Call Grab when you have drunk too much to avoid (road accidents). "Remember, if you have drunk alcohol, do not drive and put others in danger. Get a designated driver," Wee said.

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