KUALA LUMPUR: The proposed Road Transport Act 1987 amendment to impose lifetime driving bans in road accident cases involving a high loss of life has drawn mixed views.
Malaysian Institute of Road Safety Research chairman Tan Sri Lee Lam Thye welcomed the proposed amendment to Section 41 of the Act as it currently lacked teeth.
“The amendment not only showcases the government’s commitment to tackle fatal road accidents, but would also serve as testament to the public that driving requires self-discipline.
“For example in Australia, fatal road accidents not only involve licence suspension, but also a custodial sentence,” he said.
He was responding to reports today that Transport Minister Anthony Loke Siew Fook had proposed a relook of Section 41 to toughen it up with lifetime driving ban punishment for drivers convicted in accident cases that resulted in loss of life.
At present, the provision prescribes a maximum jail term of 10 years and three-year driving licence suspension for a first conviction and 10-year jail sentence for a second conviction.
Lee, who is also a member of the National Road Safety Council, said the proposed amendment required in-depth study.
“For company drivers, the punishment must be heavier because it involves employers’ responsibility in providing a well-functioning vehicle (lorries, vans, and cars, among others), and having disciplined workers who abide by road (safety) laws.
“In fact in several past cases, many drivers involved in fatal road accidents had previous (court) convictions where they continued to commit (similar) offence repeatedly with no fear of legal repurcussions,” he said.
On Saturday, five people were killed when the Kia Forte car they were travelling in burst into flames after being hit by a trailer lorry in a 11.45am accident involving several vehicles in the North-South Expressway near the Menora Tunnel in Perak.
The heavy vehicle’s driver, from Alor Star, Kedah, was found to have 13 traffic summons issued for driving over the speed limit, while the company had 11 traffic summons for various offences.
Former Seremban prison officer Ramli Jaafar supported the move to toughen up Section 41.
The 66-year-old said that such an amendment was timely in light of the increasing number of fatal road accidents involving heavy vehicles like lorries and buses.
He said heavier penalties such as lifetime driving bans would serve as a lesson to employers to ensure that they hired drivers who were disciplined and obeyed traffic laws.
“Any increase in penalties (of Section 41) would directly protect drivers, especially those who frequently travel long distances,” he said.
However, road safety activist Captain K. Bala Supramaniam disagreed with the move to introduce lifetime driving ban for those convicted in fatal road accidents.
He said, on its own, the amendment would not lead to drivers abiding by traffic laws.
He suggested instead that the government established a road safety advocacy programme through which drivers convicted of road accidents could be ordered to perform community service and undergo counselling.
“Imagine a 25-year-old offender being punished with a lifetime driving ban when his only skill is driving?
“Is this offender to be punished for the rest of his life? I believe that this offender would still continue to drive as it is his source of income,” he said, adding that road accidents involved many factors, including road conditions and how tired the driver was.
Malaysia Crime Prevention Foundation exco member Saiful Hamiruzzaman Mohd Hazir also cautioned that the imposition of a lifetime driving ban would jeopardise a driver’s ability to make a living.
He suggested that the government look into boosting road safety education for drivers nationwide.
He said the existing laws were sufficient, but enforcement had to be beefed up.