What is the distinction between Section 44 and Section 45 of the Road Transport Act?

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The Distinction Between Section 44 and Section 45 of the Road Transport Act

Section 44 of the Road Transport Act 1987 addresses the more severe offense of driving under the influence of alcohol or drugs, or exceeding the legal alcohol limit, when such actions result in injury or death. In contrast, Section 45 pertains to the offense of being in charge of a vehicle while impaired by alcohol or drugs, even if not actively driving, to the extent that the individual is incapable of maintaining proper control of the vehicle. The penalties and consequences under each section differ significantly, reflecting the severity of the outcomes.
Penalties for Section 44 Offenses

Conviction under Section 44 carries substantial penalties, including a jail term ranging from three to ten years. Additionally, offenders are subject to a fine of RM8,000 to RM20,000. A significant consequence of a Section 44 conviction is the disqualification from holding a driving license for a minimum of five years, with repeat offenders facing a disqualification period of ten years.
Penalties for Section 45 Offenses

For first-time offenders of Section 45, the punishment is a maximum fine of RM1,000 and a maximum jail term of three months. Repeat offenders face more stringent penalties, including a fine between RM2,000 and RM6,000, and a jail term of up to 12 months. Provisions for license disqualification are also included for repeat offenders under this section.
Scope of Section 45 and Potential Amendments

Section 45 specifically covers situations where an individual is in charge of a vehicle and their alcohol or drug consumption renders them incapable of controlling it, irrespective of whether the vehicle was in motion or involved in an accident. The government has indicated support for amending the law to make a jail term mandatory for those convicted under Section 45, moving away from the current discretionary power of the courts. This proposed change aims to strengthen deterrence for such offenses.
Broader Legal Ramifications and Deterrence Measures

Beyond the specific provisions of the Road Transport Act, the government is considering investigating and prosecuting cases involving deaths caused by drunk drivers under the Penal Code, potentially including Section 302 for intentional murder or Section 307 for attempted murder. Furthermore, there is an emphasis on assisting victims' families in pursuing civil claims against offenders. These measures collectively aim to enhance accountability and deterrence for drunk driving incidents.

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What is the distinction between Section 44 and Section 45 of the Road Transport Act?

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