65.—(1) If any person drives a motor vehicle on a road —| (a) | without due care and attention; or | | (b) | without reasonable consideration for other persons using the road, |
| the person (called the offender) shall be guilty of an offence. |
[Act 19 of 2019 wef 01/11/2019] (2) If death is caused to another person by the driving of a motor vehicle by the offender, the offender shall on conviction of an offence under subsection (1) —| (a) | be liable to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 3 years or to both; | | (b) | where the person is a repeat offender, be liable to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 6 years or to both; | | (c) | where the person is a serious offender in relation to such driving, be punished with imprisonment for a term not exceeding 2 years, in addition to any punishment under paragraph (a) or (b); or | | (d) | where the offender is a serious repeat offender in relation to such driving, be punished with imprisonment for a term not exceeding 4 years, in addition to any punishment under paragraph (a) or (b). [Act 19 of 2019 wef 01/11/2019] |
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(3) If grievous hurt is caused to another person by the driving of a motor vehicle by the offender, the offender shall on conviction of an offence under subsection (1) —| (a) | be liable to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 2 years or to both; | | (b) | where the person is a repeat offender, be liable to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 4 years or to both; | | (c) | where the person is a serious offender in relation to such driving, be punished with a fine of not less than $2,000 and not more than $10,000 and with imprisonment for a term not exceeding 12 months, in addition to any punishment under paragraph (a) or (b); or | | (d) | where the offender is a serious repeat offender in relation to such driving, be punished with a fine of not less than $5,000 and not more than $20,000 and with imprisonment for a term not exceeding 2 years, in addition to any punishment under paragraph (a) or (b). [Act 19 of 2019 wef 01/11/2019] |
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(4) If hurt is caused to another person by the driving of a motor vehicle by the offender, the offender shall on conviction of an offence under subsection (1) —| (a) | be liable to a fine not exceeding $2,500 or to imprisonment for a term not exceeding 12 months or to both; | | (b) | in the case of a repeat offender, be liable to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 2 years or to both; | | (c) | where the person is a serious offender in relation to such driving, be liable to a fine of not less than $2,000 and not more than $10,000 or to imprisonment for a term not exceeding 12 months or to both, in addition to any punishment under paragraph (a) or (b); or | | (d) | where the offender is a serious repeat offender in relation to such driving, be punished with a fine of not less than $5,000 and not more than $20,000 and with imprisonment for a term not exceeding 2 years, in addition to any punishment under paragraph (a) or (b). [Act 19 of 2019 wef 01/11/2019] |
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(5) In any other case involving the driving of a motor vehicle by the offender, the offender shall on conviction of an offence under subsection (1) —| (a) | be liable to a fine not exceeding $1,500 or to imprisonment for a term not exceeding 6 months or to both; | | (b) | where the person is a repeat offender, be liable to a fine not exceeding $3,000 or to imprisonment for a term not exceeding 12 months or to both; | | (c) | where the person is a serious offender in relation to such driving, be liable to a fine of not less than $2,000 and not more than $10,000 or to imprisonment for a term not exceeding 12 months or to both, in addition to any punishment under paragraph (a) or (b); or | | (d) | where the offender is a serious repeat offender in relation to such driving, be punished with a fine of not less than $5,000 and not more than $20,000 and with imprisonment for a term not exceeding 2 years, in addition to any punishment under paragraph (a) or (b). [Act 19 of 2019 wef 01/11/2019] |
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(6) A court convicting a person of an offence under subsection (1) in the following cases is to, unless the court for special reasons thinks fit to not order or to order otherwise, order that the person be disqualified from holding or obtaining a driving licence for a disqualification period of not less than the specified period corresponding to that case:| (a) | for an offender or a repeat offender in subsection (2)(a) or (b) — 8 years; | | (b) | for a serious offender in subsection (2)(c) — 10 years; | | (c) | for a serious repeat offender in subsection (2)(d) who has been convicted (whether before, on or after the date of commencement of section 14 of the Road Traffic (Amendment) Act 2019) on only one earlier occasion of any specified offence — 13 years; | | (d) | for an offender or a repeat offender in subsection (3)(a) or (b) — 5 years; | | (e) | for a serious offender in subsection (3)(c) — 7 years; | | (f) | for a serious repeat offender in subsection (3)(d) who has been convicted (whether before, on or after the date of commencement of section 14 of the Road Traffic (Amendment) Act 2019) on only one earlier occasion of any specified offence — 10 years; | | (g) | for a serious offender in subsection (4)(c) — 2 years; | | (h) | for a serious repeat offender in subsection (4)(d) who has been convicted (whether before, on or after the date of commencement of section 14 of the Road Traffic (Amendment) Act 2019) on only one earlier occasion of any specified offence — 5 years; | | (i) | for a serious offender in subsection (5)(c) — 2 years; | | (j) | for a serious repeat offender in subsection (5)(d) who has been convicted (whether before, on or after the date of commencement of section 14 of the Road Traffic (Amendment) Act 2019) on only one earlier occasion of any specified offence — 5 years. [Act 19 of 2019 wef 01/11/2019] |
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(7) A court convicting a person for an offence under subsection (1) in the following cases is to, unless the court for special reasons thinks fit to order a shorter disqualification period, order that the person be disqualified from holding or obtaining a driving licence for life starting on the date of the person’s conviction:| (a) | a serious repeat offender in subsection (2)(d) who has been convicted (whether before, on or after the date of commencement of section 14 of the Road Traffic (Amendment) Act 2019) on 2 or more earlier occasions of any specified offence; | | (b) | a serious repeat offender in subsection (3)(d) who has been convicted (whether before, on or after the date of commencement of section 14 of the Road Traffic (Amendment) Act 2019) on 2 or more earlier occasions of any specified offence; | | (c) | a serious repeat offender in subsection (4)(d) who has been convicted (whether before, on or after the date of commencement of section 14 of the Road Traffic (Amendment) Act 2019) on 2 or more earlier occasions of any specified offence; | | (d) | a serious repeat offender in subsection (5)(d) who has been convicted (whether before, on or after the date of commencement of section 14 of the Road Traffic (Amendment) Act 2019) on 2 or more earlier occasions of any specified offence. [Act 19 of 2019 wef 01/11/2019] |
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(8) A person is a repeat offender in relation to an offence punishable under subsections (2)(b), (3)(b), (4)(b) and (5)(b), respectively, if the person in the respective subsection has been convicted (whether before, on or after the date of commencement of section 14 of the Road Traffic (Amendment) Act 2019) on at least one other earlier occasion of any of the following offences:| (a) | an offence under subsection (1); | | (b) | an offence under section 63, 64 or 116; | | (c) | an offence under this section, or section 64 or 66, as in force immediately before the date of commencement of section 14 of the Road Traffic (Amendment) Act 2019; | | (d) | an offence under section 279, 304A, 336, 337 or 338 of the Penal Code where the act constituting the offence involves the use of a motor vehicle. [Act 19 of 2019 wef 01/11/2019] |
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| (9) Any police officer may arrest without warrant any person committing an offence under this section. [Act 19 of 2019 wef 01/11/2019] |
| (10) Despite the Criminal Procedure Code, a District Court or a Magistrate’s Court has jurisdiction to try any offence under this section and has power to impose the full punishment specified in this section. [Act 19 of 2019 wef 01/11/2019] |
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