CHANGES TO CRIMINAL PENALTIES FOR ROAD TRAFFIC OFFENCES
Regulatory Administration Group – Ministry of Home Affairs
- Consultation Period:
- 21 Feb 2019 - 13 Mar 2019
- Status:
- Closed
Detailed Description
Introduction
In recent years, Traffic Police (“TP”) and the Land Transport Authority (“LTA”) have significantly stepped up efforts to improve road safety (please see Annex A). Correspondingly, the number of road traffic accidents has decreased. Between 2014 and 2018, the number of fatal accidents and number of injury accidents were respectively 22.0% and 3.6% lower than that for the preceding five years.
2.However, irresponsible driving remains a concern. There are still many instances of motorists who drive or ride irresponsibly, putting other road users’ lives at risk. Between 2014 and 2018, the number of feedback submitted by members of the public to TP on irresponsible driving more than doubled, from 6,900 to 18,500. Between 2015 and 2018, the number of summonses issued by TP rose by a fifth, from 152,700 to 181,000.
3. Every fatal or injury accident is one too many. To further improve road safety, MHA has conducted a review of penalties under the Road Traffic Act (“RTA”). At present, the penalties for irresponsible driving are less severe in Singapore compared to some other jurisdictions. Please see Annex B for a comparison of penalties for dangerous driving causing death.
Key Recommendations
4. To deter irresponsible behaviours by motorists, MHA plans to enhance criminal penalties, especially for serious offences, where the motorist exhibits egregious driving behaviour and causes serious harm to the victim.1 MHA will do so by imposing heavier imprisonment terms and fines.
a. MHA will create two classes of irresponsible driving offences – Dangerous Driving and Careless Driving – in the RTA, which correspond broadly to Rash Act and Negligent Act in the Penal Code.2b. Dangerous Driving will be distinguished from Careless Driving through:
i. The manner of driving (e.g. whether the motorist was driving at an excessively high speed, or manoeuvring his vehicle within very close proximity to other vehicles);
ii. Whether the motorist was driving when he was clearly not in a state to drive safely (e.g. when he was sleep-deprived, or not wearing any visual aid when he needed it); and
iii. Whether the situation required the motorist to exercise extra care (e.g. when approaching zebra or pedestrian crossings) but he did not.
c. Each offence class of Dangerous Driving and Careless Driving will be further broken down into four tiers catering to different levels of harm caused, i.e. Death, Grievous Hurt, Hurt and Endangers Life (i.e. no hurt caused).3d. Each Dangerous or Careless Driving offence will come with a longer maximum imprisonment term and a higher maximum fine, where applicable, than the corresponding Rash Act or Negligent Act offence in the Penal Code. The basis for higher penalties is that motorists, being in control of a vehicle that they know can potentially cause great harm to other road users, ought to exercise greater care and responsibility.e. If a Dangerous or Careless Driving offence was committed while the motorist was driving under the influence (“DUI”) of alcohol or drugs, he will be liable for additional penalties, which will run consecutively.f. Mandatory minimum sentences (“MMS”) for imprisonment will be imposed for the most egregious irresponsible driving offences, e.g. where the motorist drives dangerously or while under the influence of alcohol, and causes Death or Grievous Hurt.g. The maximum penalties and MMS terms for repeat offenders will be higher than those for first-time offenders. An individual will be deemed a repeat offender, as long as he has been convicted in Court for any Dangerous/Careless Driving or related offence before.4
5. MHA also plans to keep irresponsible drivers off the roads, for a longer period, and in a more timely manner.
a. MHA will expand the range of offences for which minimum disqualification (“DQ”) periods will be imposed. The existing minimum DQ period for the offence of DUI will also be increased.b. MHA will also expand the range of offences for which we will immediately suspend the licence of the offender, to include DUI, dangerous driving, and careless driving causing death or grievous hurt. This will prevent irresponsible motorists from driving, until the Courts have decided on their case.c. The penalties for driving while under DQ or suspension will be increased, to bolster the effectiveness of DQ and immediate suspension as deterrents against irresponsible driving.d. MHA will broaden the range of offences for which the forfeiture of vehicle may apply. At present, the Courts shall, on the application of the Public Prosecutor, make an order for the forfeiture of a vehicle for a select group of offences, i.e. Driving under DQ for the second time or more, and Illegal Speed Trial.5 MHA will expand the range of eligible offences, to include egregious irresponsible driving offences.
6. The key changes outlined in Paragraph 4 and 5 are summarised in Annex C.
Invitation to Provide Feedback
7. MHA invites members of the public to submit feedback on the proposed changes by 13 March 2019 via the comment box or email at RTA_Feedback@mha.gov.sg.
8. Your feedback is important to us. All comments received will be considered. However, we will not be able to individually acknowledge or address every comment. To maintain confidentiality of feedback contributors, we will anonymise and aggregate the results of this public engagement.
1Examples of egregious driving include drink-driving, driving against the flow of traffic, swerving across lanes at high speed, and speeding past pedestrian crossings when one does not have the right of way. Serious harm refers to death and grievous hurt (i.e. injuries with long-lasting impact on the victim).
2
Irresponsible driving offences have typically been prosecuted under Rash Act and Negligent Act in the Penal Code, as well as Reckless or Dangerous Driving and Driving without Due Care or Reasonable Consideration in the RTA. With the creation of the new offences of Dangerous Driving and Careless Driving in the RTA, TP expects that irresponsible driving will mainly be dealt with by these two new offences.
3
Grievous Hurt refers to injuries that have a potentially long-lasting impact on the victim (e.g. permanent blindness and physical disability), while Hurt refers to injuries of a more transient nature (e.g. cuts and bruises).
4
An individual will be considered a repeat offender for a Dangerous or Careless Driving offence, if he/she had a prior conviction for (i) Dangerous or Careless Driving under the Road Traffic Act; or (ii) Rash or Negligent Act with a vehicle under the Penal Code. An individual will be considered a repeat offender for Driving Under the Influence of Drink or Drugs offence, if he/she had a prior conviction for the same offence.
5
However, in the case of Driving under DQ for second time or more, the Courts shall not make an order for forfeiture if the offender is not the vehicle owner and had used the vehicle without the owner’s consent. This too will apply for the new offences for which forfeiture can be used.