Calls grow for tougher penalties on reckless drivers
By Fuad Nizam
KUALA LUMPUR: Calls are mounting for longer jail terms and harsher penalties to be imposed on those who cause serious injuries through reckless driving, following such cases which have gone viral.
Road safety advocates and legal experts believe that more must be done to ensure offenders face the full brunt of the law instead of being let off with "slap on the wrist" punishments.
This comes after a Sunday incident where a motorcyclist and his wife were severely injured after being sideswiped by a Nissan Navara on the North-South Expressway.
Police are investigating whether the pickup truck driver was racing with other vehicles, after dashcam videos emerged on social media, suggesting that a "race" between pickup trucks occurred shortly before the incident.
A day earlier, a foreigner driving a Singapore-registered Maserati caused a fatal four-vehicle collision on Johor's Second Link Expressway.
The driver made an illegal U-turn, crashing into the central divider, sending metal shards into the opposite lane, which fatally struck a 26-year-old motorcyclist.
Road safety expert Professor Dr Law Teik Hua said although penalties exist under Section 42(1) of the Road Transport Act, their deterrent value remained doubtful without strong enforcement. He said stringent rules might fail to influence driver behaviour if the risk of detection or punishment was perceived as low.
"Section 42(1) indeed imposes penalties — up to five years' imprisonment and a fine of up to RM15,000 — but their deterrent value is dubious. The main problem is not just the degree of the penalty but also its uniform application.
"Therefore, even if the present fines seem appropriate on paper, without strong enforcement they will not be enough in reality."
Acknowledging that legal penalties alone may not bring about sustained behavioural change, Law said they could still have a deterrent effect, especially for repeat or high-risk offenders.
"Penalties combined with effective enforcement and public awareness help boost road safety results.
"Visible police presence, speed cameras and roadside checks, for instance, reinforce the message that risky driving has consequences.
"Legal deterrents must be a component of a more comprehensive system promoting regular safe driving practices."
Law also backed mandatory prison sentences for reckless drivers who cause injuries.
Former Malaysian Institute for Road Safety (Miros) chairman Tan Sri Lee Lam Thye said current punishments were no longer effective.
Lee, now chairman of the non-governmental organisation Alliance for A Safe Community, said the overall discipline of road users had worsened and reckless drivers who caused either serious injury or death should no longer be allowed to escape with just fines or short-term jail sentences.
"If an accident has led to serious injury, the driver should be jailed — and certainly for a longer period. I think there must be mandatory imprisonment. Otherwise, these people will never learn. If it's just a month or a few days in jail, it's not adequate."
Lawyer Datuk N. Sivananthan said while mandatory imprisonment was in place for those causing death through reckless driving, he argued that the penalties for causing serious injury still fell short.
"Penalties for causing death through reckless driving or while under the influence of alcohol are very serious, ranging from three to 10 years, or even 10 to 15 years (of imprisonment) in some cases.
"However, when it comes to reckless driving that causes serious injury but not death, the sentences tend to be lenient.
"This is where enforcement, the authorities and courts need to impose harsher sentences to address the issue effectively."
He called for stronger enforcement of traffic laws, particularly when it comes to the immediate suspension of driving licences for those charged with reckless driving. This, he said, was because reckless driving was a widespread issue that impacted public safety.
Lawyer Roger Fernandez also called for an urgent review and amendment of Section 42(1) of the Road Transport Act.
He said these penalties were outdated and did not reflect the actual risk posed by dangerous and reckless drivers.
"The punishments don't seem to deter people from driving recklessly. They need to be reviewed.
"If the offence is serious, the consequences must be serious too."
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