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Proposed mandatory minimum jail sentences (Road Traffic Act)


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Supersonic

https://www.channelnewsasia.com/news/singapore/new-mandatory-minimum-jail-sentences-among-proposed-amendments-11506954

 

 

New mandatory minimum jail sentences among proposed amendments to Road Traffic Act

In the first reading of the Bill, the Ministry of Home Affairs laid out new penalties and tighter regulatory frameworks to deter irresponsible driving.

 

06 May 2019 02:52PM(Updated: 06 May 2019 03:44PM)
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SINGAPORE: New Mandatory Minimum Sentences (MMS) will be imposed on the most serious irresponsible driving offences in an amendment to the Road Traffic Act introduced in Parliament on Monday (May 6).

 

These minimum sentences will meted out to offenders who show “egregious driving behaviour” and “cause death or injuries with long-lasting impact on the victim”.

 

The amendments will also introduce two classes of irresponsible driving offences that the MMS will be applied to​​​​​​​: Dangerous driving and careless driving. The two categories will roughly correspond to the Rash Act and Negligent Act in the Penal Code.

 

In effect, the MMS will be meted out to drivers charged for dangerous driving causing death and dangerous driving causing grievous hurt.

 

For dangerous driving causing death, first time offenders will face up to eight years in jail, with an MMS of two years. Second time offenders will face a minimum mandatory jail term of four years, with up to 15 years' imprisonment. 

 

As for first time offenders charged with dangerous driving causing grievous hurt, they will be subject to one year MMS, and face up to five years in jail. 

 

Second-time offenders on the above charge will face a two-year minimum jail sentence, with up to 10 years' imprisonment. 

 

There will also be add-on maximum penalties for dangerous and careless driving offences, should the motorist have committed the offence while under the influence of alcohol or drugs, or failed to provide a specimen for analysis. 

 

A person found guilty of dangerous driving while causing death while under the influence of drugs or alcohol, or failed to provide a specimen for analysis, will face up to 10 years in jail with a minimum sentence of three years if he is a first-time offender. 

 

A second-time offender for the above charge will face up to 19 years in jail, with a six-year MMS. 

 

A person found guilty of dangerous driving while causing grievous hurt while under the influence of drugs or alcohol, or failed to provide a specimen for analysis, will face up to six years in jail with a minimum sentence of 18 months if he is a first-time offender. He will also be subject to a fine ranging from S$2,000 to S$10,000. 

 

A second-time offender for the above charge will face up to 12 years in jail, with a three-year MMS as well as a fine ranging from S$5,000 to S$20,000. 

 

These changes come in the wake of an observed increase in irresponsible and reckless driving by the Traffic Police, with the number of summonses issued to motorists increased from 152,700 in 2015 to 181,000 in 2018.

 

In addition, the Traffic Police has also noted that the penalties for irresponsible driving in Singapore are less severe than in other jurisdictions, such as the United Kingdom, Australia, Hong Kong and Malaysia.

 

The current maximum imprisonment term for causing death by dangerous driving in Singapore is imprisonment of up to five years, while other jurisdictions have a maximum penalty of up to 10 or 14 years.

 

The MMS is part of enhanced criminal penalties included in the new amendments to deter irresponsible driving.

 

UP TO THREE YEARS' JAIL FOR DRIVING WITHOUT A LICENCE 

Under the amendments, the penalties for driving under disqualification, suspension and driving without a licence will also be enhanced.

 

The biggest change are the proposed amendments to penalties for driving without a licence.

 

Currently, first time offenders will face up to three months imprisonment and a S$1,000 fine, while second time offenders will face up to six months imprisonment and S$2,000 fine.

 

The enhanced penalties will mean that those driving without a licence will face up to three years imprisonment and an S$10,000 fine for their first offence, and a six-year imprisonment and an S$20,000 fine for their second offence.

 

READ: Motorists to face harsher penalties for serious offences as MHA reviews traffic laws

 

TIGHTENING REGULATORY REGIMES

The Traffic Police will now give motorists four weeks to file their appeals for licence suspension and revocation when they have exceeded the maximum allowable demerit points.

 

After the four weeks, the Traffic Police will have the power to suspend or revoke the licence, even if an appeal is underway.

 

“This is to prevent motorists from filing multiple appeals in order to delay the start of the suspension or revocation,” said the Traffic Police.

 

In addition, for motorists who have accumulated five or more suspensions, the period of suspension will be increased from a maximum of three years to five years.

 

Compounded sentences will also take effect, where the courts will be able to take into account a motorist’s driving history in dealing out sentences.

 

“A motorist’s driving record is a useful indicator of his driving behaviour,” said the Traffic Police, when explaining the rationale for proposed change.

 

ACCIDENTS INVOLVING ANIMALS

Under the new amendments to the Road Traffic Act, the definition of "animals" will also change.

 

Currently, motorists are only required to stop, contact the owner and render assistance for certain species of animals, such as horses, cattle, pigs, goats and dogs.

 

The Traffic Police has now expanded the definition to include all species of animals.

 

Motorists would now be required to stop - providing it is safe to do so - the vehicle if he has “reasonable ground to believe that the animal involved in the accident has an owner or that the presence of the injured or dead animal on the road may pose a hazard to other road users”, said the Traffic Police.

 

PUBLIC FEEDBACK

The Ministry of Home Affairs noted broad public support for the proposed amendments to the Road Traffic Act, through a series of public consultations conducted between February and March this year.

 

In response to concerns that motorists would be held liable for accidents caused by victims, such as pedestrians, cyclists or PMD riders, the Traffic Police provided assurances that they would take into account the motorist’s driving behaviour.

 

“When assessing whether a motorist should be held liable for an accident, Traffic Police will consider whether the motorist had been driving safely.

 

“In addition, if the victim had engaged in risk-taking behaviour and violated traffic rules, Traffic Police will take the necessary enforcement action against him."

 

Source: CNA/cc(rw)

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cruising on right lane and overtaking on the left lane.

does this consider risk-taking behavior ?

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Why nothing done to deter the lorries and other goods vehicles from cruising at 70 on 2nd lane of expressways? Because no money to be made?

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Supersonic

 

The Traffic Police has now expanded the definition to include all species of animals.

 

So now you hit a dying pigeon on the road, must stop, come down, and render assistance and maybe call TP and ambulance also.

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How about bikers? They also ride like goons on our roads

Why nothing done to deter the lorries and other goods vehicles from cruising at 70 on 2nd lane of expressways? Because no money to be made?

 

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5th Gear

the law has to be include those Malaysia registered motor cycle with modified loud exhaust and heavily tinted glass veh.

 

it is highly dangerous while you can't see who or what is inside those heavily tinted glass veh.

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Twincharged
Irresponsible drivers could face harsher penalties, longer driving bans

 

SINGAPORE — Irresponsible drivers face harsher penalties and will be kept off the roads for longer periods, if proposed amendments to the Road Traffic Act are passed.

The Road Traffic (Amendment) Bill was tabled in Parliament on Monday (May 6) in a bid to deter irresponsible driving. It will be debated in Parliament in July this year.

The Ministry of Home Affairs said that irresponsible driving has remained a serious concern despite efforts by the Traffic Police to improve road safety, such as through public education efforts and the introduction of new cameras.

The number of summonses issued for traffic offences has increased, from 152,700 in 2015 to 181,000 in 2018, the ministry added.

 

Here are the key proposed amendments to the Road Traffic Act:

#1 Tougher penalties for errant drivers

Two classes of offences — Reckless or Dangerous Driving and Driving Without Due Care or Reasonable Consideration — will be introduced.

The degree of punishment for both offences depends on the level of harm caused, of which there are four: Death, Grievous Hurt, Hurt and Endangers life (where no hurt is caused).

A minimum mandatory jail sentence of at least a year will be imposed for dangerous driving that causes death or grievous hurt. Examples of dangerous driving include:

  • Running red lights

  • Failing to stop at stop lines

  • Driving while using mobile devices


  • Failing to slow down when approaching a zebra crossing

First-time offenders for dangerous driving causing death will now be jailed between two years and eight years, and be disqualified from driving for at least 10 years.

Currently, such an offence carries up to a five-year jail term and disqualification from driving.

Both maximum penalties and minimum mandatory sentence will be higher for repeat offenders.

  • A second-time offender who caused grievous hurt from dangerous driving will face up to 10 years’ imprisonment with a two-year minimum sentence

  • Currently, the maximum punishment is a two-year jail term and a S$10,000 fine

Aggravating factors such as driving under the influence of alcohol or drugs will lead to additional penalties that will run consecutively, adding at least an additional year to the maximum jail term.

Other penalties that will be raised include:

  • Driving under influence will warrant a maximum of one year imprisonment and/or a fine of up to S$10,000 for first-time offenders, which is double the current penalty

  • Failure to wear a proper protective helmet for riders will warrant a jail term of up to three months and/or a fine of up to S$1,000. Currently, it warrants only a fine of up to S$200

#2 Keep irresponsible drivers off the roads

A wider range of offences will now have a minimum licence disqualification period imposed.

Additional offences that will warrant immediate suspension of licence will include dangerous driving, driving under influence and illegal speed trials.

More offences will result in a forfeiture of vehicles, such as:

  • Dangerous driving causing death or grievous hurt

  • Careless driving under influence causing death or grievous hurt

  • Repeat offences for driving or permitting others to drive without licence

  • Evasion of road block

The following will be raised as well:

  • Existing minimum disqualification period for offences committed when driving under influence

  • Penalties for driving without licence, or while under disqualification or suspension

  • Suspension for serial offenders

Other changes include:

  • Courts to consider past compounded offence as an aggravating factor for sentencing, as one’s driving history is a useful indicator of his driving behaviour

  • Revocation of a probationary licence will now include revoking probationary licences of all other vehicle classes the motorist is holding

#3 Road incidents involving animals

Motorists will have an obligation to stop the vehicle if:

  • The motorist believes that the animal involved in the accident has an owner

  • The presence of the injured or dead animal on the road may pose a hazard to other road users

The motorist will also be required to contact the owner of the animal and provide his particulars, as well as to alert other motorists of any road hazard posed by the animal.

Currently, such rules apply only to farm animals of commercial value, such as horses, cattle, pigs, goats and dogs.

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Twincharged

Should be... Pls delete this one then.

 

Different title headers ... Search also cannot find.

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