AUGUST 10 — The Bill to amend the Road Transport Act tabled by Transport Minister Datuk Seri Wee Ka Siong recently went through with its first reading. Among the amendments made was to Section 44, where the penalties for drink-driving related accidents are now distinguished into causing injury and causing death to the victim. The penalties have also been increased for causing injury and causing death to the victim respectively.

According to the original act, convicted drink-drivers that caused injury and caused death to the victim can be punished with imprisonment for a term of three to 10 years and to a fine of RM8,000-RM20,000. After the amendments from first reading, the penalties for causing injury and causing death are distinguished. Convicted drink-drivers that caused injury could face seven to 10 years in jail along with a fine of RM30,000 to RM50,000. As to individuals that caused the death of the victim, once convicted, could face 10-15 years in jail and a fine of RM50,000 to RM100,000. 

The Kuala Lumpur & Selangor Chinese Assembly Hall (KLSCAH) welcomes the government’s decision in distinguishing the penalties of causing injury and causing death for convicted drink-drivers and believe that such distinction can reduce drink-driving related issues. Through the bill, the government also increased the penalties for first time offence and second/subsequent offence. For example, second/subsequent convicted drink-drivers causing death could face imprisonment for a term of maximum 20 years and a maximum fine of RM150,000. This ought to educate the general public to adhere strictly to road transport regulations and to think twice before driving under the influence of alcohol while encouraging the usage of e-hailing platforms as well as public transport to reach desired destination.

KLSCAH suppose that the penalties of drink-drivers causing injury to the victim can be up for discussion, especially with regards to term of imprisonment. The minimum term of imprisonment has been increased to seven years from three years previously. The penalty seems excessive for a first-time offender and the interpretation of the term injured victim caused by drink-drivers is questioned. To reiterate, if the injuries caused by drink-driving related accidents are minor, must the driver be convicted to a jail term of minimum seven years?

Advertisement

Furthermore, the issue of drink-driving also raised concerns within local councils and state governments. Earlier in June this year, Kuala Lumpur City Hall (DBKL) announced the indefinite suspension of new application for liquor license. Existing businesses now face difficulties in renewing their liquor licence.

KLSCAH deems DBKL’s actions unnecessary and urges DBKL to lift the suspension of liquor licence. The suspension of liquor licence would potentially cause further impact on F&B sector, entertainment sector as well as other liquor selling businesses which are already heavily impacted by the Covid-19 pandemic.

Following the increase on drink-driving penalties, each state witnessed an increased demand of driver-for-hire services. These driver-for-hire services seem considerable new in Malaysia but have become a norm in countries such as Korea and China.

Advertisement

KLSCAH believes that while the government plans on imposing heavier penalties on drink-driving, they should also come up with schemes to encourage the utilisation and advancement of driver-for-hire and e-hailing services in Malaysia. For example, the government can provide subsidies for the utilisation of e-hailing services and provide more allocation for the development of the apps to make them accessible and user-friendly. This can reduce the accidents caused by drink-driving with the implementation of heavier penalties in place.  Hence, heavier penalties should not be imposed on first-time offenders without proper driver-for-hire services in place.

In summary, KLSCAH firmly believes that the government should look further into the penalties of causing injury in a drink-driving related accident and need not relate them to the sales of liquor. At the same time, the government should introduce driver-for-hire services in every state, not only focused on Klang Valley area. The general public and affected sectors will have unnecessary doubt and worry, along with a decreased impression of the government, should the government not be cautious in addressing drink-driving related issues.

*This is the personal opinion of the writer or publication and does not necessarily represent the views of Malay Mail.