Senate passes Road Transport (Amendment) Bill 2020

20 October 2020

The Road Transport (Amendment) Bill 2020 (“RTA Bill”) was passed by the Senate (Dewan Negara) on 22 September 2020. The RTA Bill seeks to amend the Road Transport Act 1987 (“RTA”) to increase the penalty and punishment of certain traffic offences including offences relating to reckless and dangerous driving and driving under the influence of intoxicating liquor or drugs. The Bill also seeks to introduce micromobility vehicles into the RTA to regulate such vehicles. The RTA Bill introduces the following key changes:

  • new definition of “micromobility vehicle” which means any vehicle propelled by electrical means, an internal-combustion engine or human power or a combination of electrical means, an internal-combustion engine or human power, and having a maximum speed; and 
  • punishments and disqualification period for traffic offences relating to reckless and dangerous driving and driving while under the influence of intoxicating liquor or drugs under sections 41 to 45A are increased.

The key changes under the RTA Bill are set out below.

Section 41: Causing death by reckless or dangerous driving    

  • The section prescribes that, upon conviction, an offender may be punished with imprisonment for an increased to a term not less than five years and not more than ten years and a fine of not less than RM20,000 and not more than RM50,000. 
  • Under the RTA, punishment under this section is imprisonment for a term of not less than two years and not more than ten years and to a fine not less than RM5,000 and not more than RM20,000. The period to be disqualified from holding or obtaining a driving license is also increased from three years from the date of conviction, to five years upon conviction.

Section 44: Driving while under the influence of intoxicating liquor or drugs  

  • The section prescribes that any person who drives a motor vehicle whilst under the influence of intoxicating liquor or drugs, or has so much alcohol in his body exceeding the prescribed limit and causes the death of any person will be guilty of an offence, and on conviction, be punished with imprisonment for a term of not less than ten years and not more than 15 years and a fine of not less than RM50,000 and not more than RM100,000.
  • The section prescribes that any person who drives a motor vehicle whilst under the influence of intoxicating liquor or drugs, or has so much alcohol in his body exceeding the prescribed limit and causes injury to any person will be guilty of an offence, and on conviction, be punished with imprisonment for a term of not less than seven years and not more than ten years and a fine of not less than RM30,000 and not more than RM50,000. 
  • Under the RTA, punishment for causing death of or injury to any person under this section is imprisonment for a term of not less than three years and not more than ten years and a fine of not less than RM8,000 and not more than RM20,000.

Section 45A: Driving or being in charge of a motor vehicle with alcohol concentration above prescribed limit  

  • Any person who, when driving or attempting to drive a motor vehicle or when in charge of a motor vehicle on a road or other public place, has so much alcohol in his body exceeding the prescribed limit, will be guilty of an offence and on conviction be punished with imprisonment for a term not exceeding two years and a fine of not less than RM10,000, and not more than RM30,000. 
  • Under the RTA, punishment under this section is imprisonment for a term not exceeding 12 months and a fine of not less than RM1,000 and not more than RM6,000.

Reference materials

The following materials can found on the Malaysian Parliament website www.parlimen.gov.my.