Reckless or dangerous driving
64.—(1)  If any person drives a motor vehicle on a road recklessly, or at a speed or in a manner which is dangerous to the public, having regard to all the circumstances of the case, including the nature, condition and use of the road, and the amount of traffic which is actually at the time, or which might reasonably be expected to be, on the road, the person (called the offender) shall be guilty of an offence.
[10/2017; 19/2019]
(2)  If death is caused to another person by the driving of a motor vehicle by the offender, the offender shall be punished with the following on conviction of an offence under subsection (1):
(a)with imprisonment for a term of not less than 2 years and not more than 8 years;
(b)where the person is a repeat offender, with imprisonment for a term of not less than 4 years and not more than 15 years;
(c)where the offender is a serious offender in relation to the driving, with imprisonment for a term of not less than one year and not more than 2 years, in addition to any punishment under paragraph (a) or (b);
(d)where the offender is a serious repeat offender in relation to the driving, with imprisonment for a term of not less than 2 years and not more than 4 years, in addition to any punishment under paragraph (a) or (b).
[19/2019]
(2A)  If grievous hurt is caused to another person by the driving of a motor vehicle by the offender, the offender shall be punished with the following on conviction of an offence under subsection (1):
(a)with imprisonment for a term of not less than one year and not more than 5 years;
(b)where the person is a repeat offender, with imprisonment for a term of not less than 2 years and not more than 10 years;
(c)where the offender is a serious offender in relation to the driving, with a fine of not less than $2,000 and not more than $10,000 and with imprisonment for a term of not less than 6 months and not more than one year, in addition to any punishment under paragraph (a) or (b);
(d)where the offender is a serious repeat offender in relation to the driving, with a fine of not less than $5,000 and not more than $20,000 and with imprisonment for a term of not less than one year and not more than 2 years, in addition to any punishment under paragraph (a) or (b).
[19/2019]
(2B)  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 $10,000 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 $20,000 or to imprisonment for a term not exceeding 4 years or to both;
(c)where the offender is a serious offender in relation to the 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 the 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).
[19/2019]
(2C)  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 $5,000 or to imprisonment for a term not exceeding 12 months 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 2 years or to both;
(c)where the offender is a serious offender in relation to the 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 the 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).
[19/2019]
(2D)  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) — 10 years;
(b)for a serious offender in subsection (2)(c) — 12 years;
(c)for a serious repeat offender in subsection (2)(d) who has been convicted (whether before, on or after 1 November 2019) on only one earlier occasion of any specified offence — 15 years;
(d)for an offender or a repeat offender in subsection (2A)(a) or (b) — 8 years;
(e)for a serious offender in subsection (2A)(c) — 10 years;
(f)for a serious repeat offender in subsection (2A)(d) who has been convicted (whether before, on or after 1 November 2019) on only one earlier occasion of any specified offence — 13 years;
(g)for a serious offender in subsection (2B)(c) — 2 years;
(h)for a serious repeat offender in subsection (2B)(d) who has been convicted (whether before, on or after 1 November 2019) on only one earlier occasion of any specified offence — 5 years;
(i)for a serious offender in subsection (2C)(c) — 2 years;
(j)for a serious repeat offender in subsection (2C)(d) who has been convicted (whether before, on or after 1 November 2019) on only one earlier occasion of any specified offence — 5 years.
[19/2019]
(2E)  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 1 November 2019) on 2 or more earlier occasions of any specified offence;
(b)a serious repeat offender in subsection (2A)(d) who has been convicted (whether before, on or after 1 November 2019) on 2 or more earlier occasions of any specified offence;
(c)a serious repeat offender in subsection (2B)(d) who has been convicted (whether before, on or after 1 November 2019) on 2 or more earlier occasions of any specified offence;
(d)a serious repeat offender in subsection (2C)(d) who has been convicted (whether before, on or after 1 November 2019) on 2 or more earlier occasions of any specified offence.
[19/2019]
(3)  A person is a repeat offender in relation to an offence under subsections (2)(b), (2A)(b), (2B)(b) and (2C)(b), respectively, if the person in the respective subsection has been convicted (whether before, on or after 1 November 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, 65 or 116;
(c)an offence under this section, or section 65 or 66, as in force immediately before 1 November 2019;
(d)an offence under section 279, 304A, 336, 337 or 338 of the Penal Code 1871 where the act constituting the offence involves the use of a motor vehicle.
[19/2019]
(4)  Where a person is convicted of abetting the commission of an offence under this section and it is proved that the person was present in the motor vehicle at the time of the commission of the offence, the offence of which the person is convicted is, for the purpose of the provisions of Part 2 relating to disqualification from holding or obtaining driving licences, deemed to be an offence in connection with the driving of a motor vehicle.
(5)  Any police officer may arrest without warrant any person committing an offence under this section.
(6)  Despite the Criminal Procedure Code 2010, 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.
[19/2019]
(7)  Where subsections (2) and (2A) prescribe a minimum term of imprisonment on conviction of an offence under subsection (1), the court is to impose a sentence of imprisonment that is equal to or greater than that prescribed minimum term of imprisonment unless the court, for special reasons, thinks fit to order a shorter term of imprisonment.
[19/2019]
(8)  In this section and section 65 —
“disqualification period”, for an offender convicted of an offence under subsection (1), means a period starting on the later of the following dates:
(a)the date of the offender’s conviction;
(b)the date of the offender’s release from imprisonment, if the offender is sentenced to imprisonment;
“grievous hurt” has the meaning given by section 320 (except paragraph (aa)) of the Penal Code 1871;
“serious offender” means an offender who is convicted of an offence under section 67 or 70(4) in relation to the offender’s driving which is an offence under subsection (1);
“serious repeat offender” means an offender who —
(a)is convicted of an offence under section 67 or 70(4) in relation to the offender’s driving which is an offence under subsection (1); and
(b)has been convicted on at least one other earlier occasion of a specified offence;
“specified offence” means —
(a)an offence under section 67, 68 or 70(4); or
(b)an offence under section 67 as in force immediately before 1 November 2019.
[19/2019]
Driving without due care or reasonable consideration
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.
[19/2019]
(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 the 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 the driving, be punished with imprisonment for a term not exceeding 4 years, in addition to any punishment under paragraph (a) or (b).
[19/2019]
(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 the 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 the 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).
[19/2019]
(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 the 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 the 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).
[19/2019]
(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 the 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 the 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).
[19/2019]
(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 1 November 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 1 November 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 1 November 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 1 November 2019) on only one earlier occasion of any specified offence — 5 years.
[19/2019]
(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 1 November 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 1 November 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 1 November 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 1 November 2019) on 2 or more earlier occasions of any specified offence.
[19/2019]
(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 1 November 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 1 November 2019;
(d)an offence under section 279, 304A, 336, 337 or 338 of the Penal Code 1871 where the act constituting the offence involves the use of a motor vehicle.
[19/2019]
(9)  Any police officer may arrest without warrant any person committing an offence under this section.
[19/2019]
(10)  Despite the Criminal Procedure Code 2010, 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.
[19/2019]
Court to order forfeiture of motor vehicle for reckless or dangerous driving, etc.
65AA.—(1)  Where any person has been convicted of an offence under —
(a)section 64(1) as a serious offender in section 64(2)(c) or (2A)(c), or as a serious repeat offender in section 64(2)(d) or (2A)(d); or
(b)section 65(1) as a serious offender in section 65(2)(c) or (3)(c), or as a serious repeat offender in section 65(2)(d) or (3)(d),
and it is proved to the satisfaction of a court that a motor vehicle has been used in the commission of the offence, the court is to, on the application of the Public Prosecutor, make an order for the forfeiture of the motor vehicle, unless the court is satisfied that —
(c)the person who has committed the offence is not the owner of the motor vehicle; and
(d)the person who has committed the offence had used the motor vehicle without the consent of the owner.
[19/2019]
(2)  Where any person has been convicted of an offence under section 64(1) as an offender or a repeat offender in section 64(2)(a) or (b), or section 26(2) of the Police Force Act 2004 (which offence is committed on or after 1 November 2019), and it is proved to the satisfaction of a court that a motor vehicle has been used in the commission of the offence, the court is to, on the application of the Public Prosecutor, make an order for the forfeiture of the motor vehicle, unless —
(a)the court is satisfied that —
(i)the person who has committed the offence is not the owner of the motor vehicle; and
(ii)the person who has committed the offence had used the motor vehicle without the consent of the owner; or
(b)the court has other good reasons for ordering otherwise.
[19/2019]
(3)  Any motor vehicle in respect of which there has been or there is reasonable cause to suspect that there has been committed an offence mentioned in subsection (1) or (2), may be seized by any police officer or the Registrar or any officer authorised in writing by the Registrar.
[19/2019]
(4)  If there is no prosecution with regard to an offence mentioned in subsection (1) or (2), any motor vehicle seized pursuant to subsection (3) in relation to the offence must be released at the end of one month starting from the date of seizure if it is not earlier released.
[19/2019]
(5)  In this section, a repeat offender, a serious offender or a serious repeat offender, in relation to an offence under section 64 or 65, has the meaning given by section 64 or 65, respectively.
[19/2019]
Collision of heavy motor vehicles and public service vehicles with buildings or structures
65A.—(1)  Any person who, when driving or attempting to drive —
(a)a heavy motor vehicle as defined in section 79(6); or
(b)any public service vehicle which is classified as a type of bus under the Second Schedule,
causes the heavy motor vehicle or public service vehicle to collide with any building or structure shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 2 years or to both and, in the case of a second or subsequent conviction, to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 5 years or to both.
(1A)  The Minister may, by notification in the Gazette, prescribe particulars of any structure including its location and maximum headroom measurement.
[4/2006]
(2)  In this section, “structure” includes any bus shelter, gantry post, overhead bridge and pillar.
Use of mobile communication device while driving
65B.—(1)  A driver of a vehicle who holds in his or her hand a mobile communication device and operates any of its communicative or other functions, while the vehicle is in motion on a road or in a public place is guilty of an offence and is liable on conviction to a fine not exceeding $1,000 or to imprisonment for a term not exceeding 6 months or to both.
[28/2014; 9/2020]
(1A)  To avoid doubt, subsection (1) does not apply to a mobile communication device that is a wearable device (such as a smart watch), when it is worn by the driver or rider in the manner intended by the manufacturer of the wearable device.
[9/2020]
(2)  Where a person who is convicted or found guilty of an offence under subsection (1) is a repeat offender, the person is liable on conviction to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 12 months or to both.
[28/2014]
(3)  In this section —
“communicative function” means any of the following functions:
(a)sending or receiving oral or written messages, audio phone calls or video calls;
(b)sending or receiving electronic documents;
(c)sending or receiving still or moving images;
(d)sending or receiving audio or video files;
(e)providing access to the Internet;
“mobile communication device” means —
(a)a mobile phone; or
(b)any wireless handheld device (such as a tablet computer) or wearable device (such as a smart watch) designed or capable of being used for a communicative function;
“repeat offender”, in relation to an offence under subsection (1), means a person who is convicted or found guilty of that offence (called the current offence) and who was previously convicted or found guilty of —
(a)an offence under subsection (1);
(b)an offence under section 65B as in force immediately before 1 February 2015; or
(c)an offence under section 65B as in force immediately before 1 August 2020,
on at least one previous occasion before the date on which the person is convicted or found guilty of the current offence.
[28/2014; 9/2020]
Driving while under influence of drink or drugs
67.—(1)  Any person who, when driving or attempting to drive a motor vehicle on a road or other public place —
(a)is unfit to drive in that he or she is under the influence of drink or of a drug or an intoxicating substance to such an extent as to be incapable of having proper control of the vehicle; or
(b)has so much alcohol in his or her body that the proportion of it in his or her breath or blood exceeds the prescribed limit,
shall be guilty of an offence and shall be liable on conviction 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 and, in the case of a second or subsequent conviction, to a fine of not less than $5,000 and not more than $20,000 and to imprisonment for a term not exceeding 2 years.
[19/2019]
(2)  Subject to sections 64(2D) and (2E) and 65(6) and (7), a court convicting a person for an offence under this section 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 period of not less than the specified period corresponding to that case, starting on the date of the person’s conviction or, where the person is sentenced to imprisonment, on the date of the person’s release from prison:
(a)for a first offender — 2 years;
(b)for a repeat offender — 5 years.
[19/2019]
(2A)  Subject to sections 64(2D) and (2E) and 65(6) and (7), where a court convicts a person for an offence under subsection (1) and the person has been convicted (whether before, on or after 1 November 2019) on 2 or more earlier occasions of an offence under subsection (1), section 68, or subsection (1) as in force immediately before 1 November 2019, the court is to, unless the court for special reasons thinks fit to order a shorter period of disqualification, order that the person be disqualified from holding or obtaining a driving licence for life starting on the date of the person’s conviction.
[19/2019]
(3)  Any police officer may arrest without warrant any person committing an offence under this section.
(4)  In this section, a repeat offender means a person who is convicted of an offence under this section and who has been convicted (whether before, on or after 1 November 2019) on one other earlier occasion of —
(a)an offence under subsection (1) or section 68; or
(b)an offence under subsection (1) as in force immediately before 1 November 2019.
[19/2019]
Enhanced penalties for offenders with previous convictions under certain sections
67A.—(1)  Where a person having been convicted of 2 or more specified offences is again convicted of any one of the specified offences (whether or not the same specified offence), the court has the power to impose a punishment in excess of that prescribed for the conviction as follows:
(a)where the court is satisfied, by reason of the person’s previous convictions or the person’s antecedents, that it is expedient for the protection of the public or with the view to the prevention of further commission of any such offence that a punishment in excess of that prescribed for such a conviction should be awarded, then the court may punish the offender with punishment not exceeding 3 times the amount of punishment to which he or she would otherwise have been liable for the conviction except that where imprisonment is imposed it shall not exceed 10 years;
(b)despite sections 303 and 309 of the Criminal Procedure Code 2010, if —
(i)the offender causes any serious injury or death to another person when committing —
(A)whether before, on or after 1 November 2019 the offence under section 43(4), 47(5), 47C(7), 63(4), 64(1) or 67(1);
(B)on or after 1 November 2019, the offence under section 65(1) or 68(1); or
(C)the offence under section 43(4), 64(1), 66(1) or 67(1) as in force immediately before 1 November 2019; or
(ii)in the case of an offender under section 70(4), the offender had, in driving or attempting to drive a motor vehicle at the time of any accident leading to the offender’s arrest under section 69(5), caused any serious injury or death to another person,
the court may also punish the offender, subject to sections 325(1) and 330(1) of the Criminal Procedure Code 2010, with caning with not more than 6 strokes.
[15/2010; 19/2019; 12/2021]
(2)  This section does not apply to a person who has been convicted of an offence under section 63(4) unless the court is satisfied that in committing the offence and the offence in respect of which he or she had been previously convicted, he or she had driven a motor vehicle on a road at a speed which exceeded by 40 kilometres per hour the speed limit imposed by or in exercise of powers conferred by this Act.
(3)  In subsection (1) —
“serious injury” has the meaning given by section 47D;
“specified offence” means an offence under —
(a)section 43(4), 47(5), 47C(7), 63(4), 64(1), 67(1) or 70(4) that is committed whether before, on or after 1 November 2019;
(b)section 65(1) or 68(1) that is committed on or after 1 November 2019; or
(c)section 43(4), 64(1), 66(1) or 67(1) as in force immediately before 1 November 2019.
[19/2019]
(4)  Despite any provision to the contrary in the Criminal Procedure Code 2010, a District Court or Magistrate’s Court may award the full punishment prescribed by this section.