How will proposed amendments to the Road Transport Act address drunk driving fatalities?

Question

Accepted Answer

Proposed Amendments to Road Transport Act Will Introduce Stricter Penalties for Drunk Driving Fatalities

The Malaysian government is set to introduce amendments to the Road Transport Act 1987, focusing on stricter penalties for drunk driving offences, particularly those resulting in fatalities. These proposed changes aim to make jail terms compulsory for certain offences and explore prosecuting drunk driving fatalities under more severe sections of the Penal Code, such as Section 302 for murder and Section 307 for attempted murder. The government also intends to facilitate civil claims for victims' families.
Mandatory Jail Terms for Intoxicated Drivers Under Section 45

A significant aspect of the proposed amendments involves making jail terms mandatory for individuals convicted under Section 45 of the Road Transport Act. This section pertains to being in charge of a vehicle while under the influence of alcohol or drugs, even if no accident occurs. Currently, penalties under Section 45 for first-time offenders include a maximum fine of RM1,000 and a three-month jail term, with the court having discretion over the jail sentence. The government's support for mandatory jail terms aims to deter such behaviour more effectively.
Enhanced Penalties Under Section 44 for Causing Injury or Death

For offences where drunk driving leads to injury or death, Section 44 of the Road Transport Act outlines penalties of three to 10 years imprisonment and fines ranging from RM8,000 to RM20,000. Convicted individuals are also disqualified from holding a driving licence for a minimum of five years, or ten years for repeat offenders. The proposed amendments are expected to further bolster these penalties, and by increasing fines and jail terms, offenders can be prosecuted in the Sessions Court, which possesses higher jurisdictional powers.
Consideration of Penal Code Sections for Drunk Driving Fatalities

Beyond the Road Transport Act, the government will engage with the Attorney-General’s Chambers to investigate and prosecute cases of drunk driving fatalities under more stringent sections of the Penal Code. This includes exploring charges under Section 302, which carries a death sentence for intentional murder, and Section 307, which deals with attempted murder and carries various jail sentences. This approach signals a move towards treating severe consequences of drunk driving with the gravity of intentional harm or attempted murder.
Support for Victims' Families in Civil Claims

In addition to criminal proceedings, the police will be tasked with assisting the families of victims of fatal road accidents caused by drunk drivers. This assistance will specifically focus on enabling these families to pursue civil claims in court. This measure aims to provide a pathway for compensation and justice for those affected by the actions of intoxicated drivers, ensuring their legal rights are upheld.

Reading history

Hide →

This history is cleared when the page is closed.

How will proposed amendments to the Road Transport Act address drunk driving fatalities?

Loading

Was this article helpful?

Helpful

Not helpful

Report an issue

1

0

0

Share with friends