Government / Public Policy

Amended Road Transport Act with heavier penalties to come into force on Friday

GEORGE TOWN: Effective Friday, the Road Transport Act (Amendment) 2020 which carries heavier penalties for traffic offences, particularly related to sections 41 to 45, will come into force.

Transport Minister Datuk Seri Dr Wee Ka Siong, in announcing this today, expressed hope for the latest amendments to create greater awareness amongst road users on traffic laws.

"This is to ensure that our roads will be safer for all. Since I was sworn in (as the Transport Minister), road safety has been a central priority in terms of improving policy and enforcement practices under the purview of the Transport Ministry, particularly in amending the Road Transport Act 1987."

Wee said the ministry had been in the process of gazetting the Road Transport Act (Amendment) 2020, after it was passed by Dewan Rakyat and Dewan Negara on Aug 26 and Sept 22 respectively.

"The Royal Assent was then received from Yang di-Pertuan Agong Al-Sultan Abdullah Ri'ayatuddin Al-Mustafa Billah Shah last Friday (Oct 16).

"Yesterday, the ministry received the Appointment of Date of Coming Into Operation of the Road Transport (Amendment) Act 2020 instrument from the Attorney-General's Chambers, and today, I, as the minister, have signed the gazette.

"With this, I wish to inform that the Road Transport Act (Amendment) 2020, which carries heavier penalties for traffic offences particularly related to sections 41 to 45, will come into operation from this Friday."

Yesterday's signing was witnessed by Deputy Transport Minister Hasbi Habibollah, ministry secretary-general Datuk Isham Ishak and Road Transport Department (RTD) deputy director-general (planning and operations) Zamakhshari Hanipah, along with the senior management of the ministry.

Wee said, by his instruction, the RTD had immediately begun to finalise the draft amendments to the RTA 1987 from May 4.

He also held dialogues with stakeholders including community leaders and heads of non-government organisations (NGOs).

Wee said, between May and June, he had met with various groups such as the Chartered Institute of Logistics and Transport (CILT), Pas Youth leadership, Ikatan Komuniti Selamat chairman Tan Sri Lee Lam Thye, former MIROS director-general Professor Dr Wong Shaw Voon and the Malaysian Consultative Council of Buddhism, Christianity, Hinduism, Sikhism and Taoism (MCCBCHST).

"Subsequently, I had presented the Bill to amend the RTA to the Cabinet on July 17, and then it was presented for first reading in the Dewan Rakyat on July 27.

"The RTA (Amendment) 2020 also took public views into account via a survey conducted by the ministry with more than 345,000 respondents, of whom 94 per cent agreed with heavier penalties for driving under the influence of alcohol and drugs.

"I would like to take this opportunity to record my deepest gratitude to His Majesty and my fellow parliamentarians for enabling a timely passing of the Bill in both Houses.

"The gazettement of these new amendments will serve to greatly strengthen and improve the RTA 1987 in the interest of Malaysian road users and pedestrians."

Amendments to Section 41 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.

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.

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 a fine between RM10,000 and RM20,000.

Under Section 45, 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 can 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.

Amendments to Section 45(b) and 45(c) on a 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.

Based on amendments to Section 45(g), the prescribed limits for alcohol content will 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).

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