Don’t be the driving force behind traffic accidents.
— Anon
The Road Transport Act (Amendment) 2020, which carries heavier penalties for traffic offences, particularly related to Sections 41 to 45 came into effect on Oct 23, 2020.
Then Transport Minister Datuk Seri Dr Wee Ka Siong took the opportunity to record his deepest gratitude to the King and his fellow parliamentarians for enabling a timely passing of the Bill in both Houses.
In his statement a day earlier, he said the Transport Ministry had received the ‘Appointment of Date of Coming Into Operation of the Road Transport (Amendment) Act 2020’ instrument from the Attorney-General’s Chambers and he signed the gazette as the minister.
“We hope the latest amendments will create greater public awareness among road users to obey traffic laws and ensure that our roads will be safer for all,” he said in the statement dated Oct 22, 2020.
The amendments include Section 41 of the Road Transport Act 1987 (Act 333), involving the offence of causing death by reckless or dangerous driving, namely imprisonment for five to 10 years with a fine of RM20,000 to RM50,000.
Amendments were also made to Section 44 of the same act involving the offence of causing death by reckless or dangerous driving and divided into two categories, namely cases causing injury and those resulting in death.
Those causing death or deaths while driving will be jailed between 10 and 15 years and fined between RM50,000 and RM100,000, with the driving licence being endorsed for a period of 10 years for first-time offenders.
On my part, I would like to express my full praise for the amendment pertaining to the heavier penalties.
Prior to the amendment, the punishments for first-time offenders of reckless driving were maximum five years’ jail, RM5,000 to RM15,000 fine while repeat offenders faced 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 was not mandatory.
The first-time offender would have to pay between RM1,000 and RM5,000 fine and they could also be imprisoned for a maximum of two years or face licence disqualification of two years or more while repeat offenders would be fined between RM5,000 and RM10,000 or be sent to jail for not more than five years or could face licence disqualification for five years or more.
I have my own reason for following the various issues — and incidences — pertaining to this Act since the past three decades.
In 1990, during a fatal accident that took the lives of my firstborn daughter Garcia Ann Kejuang, 5, and my niece Daphne Cherini, 9, the driver of the offending vehicle that hit the Honda Ballade driven by me was convicted — five years later — with two weeks’ imprisonment and a fine of RM4,000 or two months’ imprisonment.
Over the years since then, there were numerous cases of similar nature involving guilty drivers being sentenced to a week’s jail plus a fine of as low as RM2,500 (in lieu of two weeks’ imprisonment) for causing death due to reckless driving under Section 41 (1) of the Road Transport Act 1987.
A friend of mine (now deceased) who ran over a young girl — leading to instant death — while driving between Bintangor and Sarikei road in the late 70s escaped with just a fine of RM2,500. There was no jail sentence but the experience haunted him till his own demise (some years ago).
For the driver who hit us (with his 4WD) in 1990 — I spent seven weeks in hospitals (one week in Lau King Howe, Sibu and six weeks in SGH, Kuching) — he finally paid the price when his right leg was amputated despite seeking treatment in Beijing, China.
I believe that God has mysterious ways in dealing with offenders. This happened some years after 1995, the year he was finally convicted, namely five years after the accident, perhaps another ‘record’ by the judiciary department.
With the heavier penalties, it is hoped drivers will be more disciplined while on the roads. They should avoid speeding over the limit and acknowledge that engaging in phone conversation by holding the phone when driving is an offence.
There have been a number of alleged uses of the phone while driving by those who committed offence of crashing into another vehicle. Despite the availability of the earphone devices for calling, most people are not in compliance with the rule.
Nevertheless, the amendment to the Act is a very much-welcomed phenomenon. In fact, the very aim of getting greater public awareness should be easily achieved — unless of course the driver is intoxicated and if found guilty, he or she will be punished accordingly.
