SINGAPORE: The range of penalties for motorists who drive dangerously or carelessly will change if amendments to the Road Traffic Act are passed.
The proposed changes to the law, introduced into parliament on Monday (Nov 11), are meant to give the courts and the prosecution greater flexibility in punishing errant drivers.
What are the key changes being proposed?
The Ministry of Home Affairs (MHA) is proposing three key changes to how sentences for driving offences are decided.
1. Mandatory minimum punishments
The courts will be given more room to reach an appropriate sentence through the removal or reduction of mandatory minimum punishments.
For first-time offenders, the proposed changes will remove the mandatory minimum sentence and disqualification period for offences of dangerous or careless driving that cause death or grievous hurt.
For repeat offenders, the amended law will halve the mandatory minimum jail sentences for dangerous driving causing death – from four years to two years – and dangerous driving causing grievous hurt – from two years to one year.
However, the mandatory minimum penalties will remain in place for offenders driving under the influence of alcohol or drugs.
The maximum punishments for these offences will also remain unchanged.
2. How the offender is charged
The prosecution will be given more flexibility to proceed with an appropriate charge against the driver which takes into consideration the severity of hurt caused to the victim.
Specifically, prosecutors will be able to proceed with a charge of causing “hurt” and not “grievous hurt”, even if the victim’s injuries meet the legal definition of grievous hurt.
Grievous hurt is defined under Section 320 of the Penal Code. It can include fractures or dislocations, and when the victim cannot follow his or her ordinary pursuits for at least 20 days.
The change would better allow the prosecution to take into account the nature of the injury caused and whether other road users share responsibility for the incident.
3. “Repeat offender” of speeding
The definition of a repeat offender of speeding offences will be narrowed.
Currently, a motorist is a repeat offender if he or she has been convicted previously of any one of the following: Dangerous or careless driving, conducting illegal speed trials, or speeding.
If the amendments are passed, a motorist will be considered a repeat offender of speeding offences only if he or she:
- Has at least two prior speeding convictions in which the driver sped in excess of 40kmh of the road or the vehicle’s speed limit, and
- At least two of the prior speeding convictions occurred within the past five years before the motorist’s current driving offence.
