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Road Traffic (Amendment) Bill

Bill No. 3/1996

Read the first time on 18th January 1996.

An Act to amend the Road Traffic Act (Chapter 276 of the 1994 Revised Edition).

Be it enacted by the President with the advice and consent of the Parliament of Singapore, as follows:

Short title and commencement

1. This Act may be cited as the Road Traffic (Amendment) Act 1996 and shall come into operation on such date as the Minister may, by notification in the Gazette, appoint.

Amendment of section 35

2. Section 35(7) of the Road Traffic Act (referred to in this Act as the principal Act) is amended by inserting, immediately after the words “this Act” in the first line, the words “or the rules”.

Amendment of section 36

3. Section 36(5) of the principal Act is amended by deleting the words “section 64 or 65” in the second line and substituting the words “section 64, 65 or 65A”.

Amendment of section 47C

4. Section 47C(1) of the principal Act is amended —

(a)

by deleting paragraph (a) and substituting the following paragraphs:

“(a)	whilst under the influence of drink or of a drug or an intoxicating substance in contravention of section 67(1)(a);
(b)	whilst he has so much alcohol in his body that the proportion of it in his breath or blood exceeds the prescribed limit in contravention of section 67(1)(b); or”; and

(b)

by re-lettering the existing paragraph (b) as paragraph (c).

Amendment of section 62

5. Section 62 of the principal Act is amended by deleting subsections (2) and (3) and substituting the following subsections:

“(2) A person who has attained the age of 16 years but who is under the age of 18 years shall not drive a motor vehicle other than an invalid carriage on a road.

(3) A person who has attained the age of 18 years but who is under the age of 21 years shall not drive a heavy locomotive, light locomotive, motor tractor or heavy motor car on a road.”.

Amendment of section 64

6. Section 64(1) of the principal Act is amended —

(a)	by deleting “$1,000” in the eighth line and substituting “$3,000”;
(b)	by deleting the words “6 months” in the ninth line and substituting the words “12 months”;
(c)	by deleting “$2,000” in the eleventh line and substituting “$5,000”; and
(d)	by deleting the words “12 months” in the last line and substituting the words “2 years”.

Amendment of section 65

7. Section 65 of the principal Act is amended —

(a)	by deleting “$500” in the fifth line and substituting “$1,000”;
(b)	by deleting the words “3 months” in the sixth line and substituting the words “6 months”;
(c)	by deleting “$1,000” in the seventh line and substituting “$2,000”; and
(d)	by deleting the words “6 months” in the eighth line and substituting the words “12 months”.

New section 65A

8. The principal Act is amended by inserting, immediately after section 65, the following section:

“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)	a public service vehicle as defined in section 100(1)(a), (b), (c), (f) or (g),

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.

(2) In this section, “structure” includes any bus shelter, gantry post, overhead bridge and pillar.”.

Amendment of section 67

9. Section 67 of the principal Act is amended by deleting subsection (1) and substituting the following subsection:

“(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 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 such vehicle; or
(b)	has so much alcohol in his body that the proportion of it in his 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 $1,000 and not more than $5,000 or to imprisonment for a term not exceeding 6 months and, in the case of a second or subsequent conviction, to a fine of not less than $3,000 and not more than $10,000 and to imprisonment for a term not exceeding 12 months.”.

Amendment of section 67A

10. Section 67A of the principal Act is amended —

(a)

by deleting the marginal note and substituting the following marginal note:

“Enhanced penalties for offenders with previous convictions under certain sections.”; and

(b)

by deleting subsection (1) and substituting the following subsections:

“(1) Where a person having been convicted on at least 2 previous occasions of any one or more of the offences under sections 43(3A), 47(5), 47C(5), 63(4), 64(1), 66(1), 67(1) and 70(4) is again convicted of an offence under section 43(3A), 47(5), 47C(5), 63(4), 64(1), 66(1), 67(1) or 70(4), the court shall have the power to impose a punishment in excess of that prescribed for such conviction as follows:

(a)

where the court is satisfied, by reason of his previous convictions or his 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 such offender with punishment not exceeding 3 times the amount of punishment to which he would otherwise have been liable for such a conviction except that where imprisonment is imposed it shall not exceed 10 years; and

(b)

notwithstanding section 11 of the Criminal Procedure Code [Cap. 68], if —

(i)	such offender, while committing the offence under section 43(3A), 47(5), 47C(5), 63(4), 64(1), 66(1) or 67(1) causes any serious injury or death to another person; or
(ii)	in the case of an offender under section 70(4), such offender had, in driving or attempting to drive a motor vehicle at the time of any accident leading to his arrest under section 69(5), caused any serious injury or death to another person,

the court may also punish him, subject to section 231 of the Criminal Procedure Code, with caning with not more than 6 strokes.

(1A) This section shall not apply to a person who has been convicted of an offence under section 63(4) unless the court is satisfied that in committing such offence and the offence in respect of which he had been previously convicted, he 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.”.

Amendment of section 68

11. Section 68 of the principal Act is amended by deleting subsection (1) and substituting the following subsections:

“(1) Any person who when in charge of a motor vehicle which is on a road or other public place but not driving the vehicle —

(a)	is unfit to drive in that he 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 a vehicle; or
(b)	has so much alcohol in his body that the proportion of it in his 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 $500 and not more than $2,000 or to imprisonment for a term not exceeding 3 months and, in the case of a second or subsequent conviction, to a fine of not less than $1,000 and not more than $5,000 and to imprisonment for a term not exceeding 6 months.

(1A) For the purpose of subsection (1), a person shall be deemed not to have been in charge of a motor vehicle if he proves —

(a)	that at the material time the circumstances were such that there was no likelihood of his driving the vehicle so long as he remained so unfit to drive or so long as the proportion of alcohol in his breath or blood remained in excess of the prescribed limit; and
(b)	that between his becoming so unfit to drive and the material time, or between the time when the proportion of alcohol in his breath or blood first exceeded the prescribed limit and the material time, he had not driven the vehicle on a road or other public place.”.

Repeal and re-enactment of sections 69, 70 and 71, and new sections 71A, 71B and 71C

12. Sections 69, 70 and 71 of the principal Act are repealed and the following sections substituted therefor:

“Breath tests

69.—(1) Where a police officer has reasonable cause to suspect that —

(a)

a person driving or attempting to drive or in charge of a motor vehicle on a road or other public place has alcohol in his body or has committed a traffic offence whilst the vehicle was in motion;

(b)

a person has been driving or attempting to drive or been in charge of a motor vehicle on a road or other public place with alcohol in his body and that that person still has alcohol in his body;

(c)

a person has been driving or attempting to drive or been in charge of a motor vehicle on a road or other public place and has committed a traffic offence whilst the vehicle was in motion; or

(d)

a person has been driving or attempting to drive or been in charge of a motor vehicle on a road or other public place when an accident occurred —

(i)	between that motor vehicle and one or more other motor vehicles; or
(ii)	causing any injury or death to another person,

he may, subject to section 71, require that person to provide a specimen of his breath for a breath test.

(2) A person may be required under subsection (1) to provide a specimen of his breath either at or near the place where the requirement is made or, if the requirement is made under paragraph (d) of that subsection and the police officer making the requirement thinks fit, at a police station specified by the police officer.

(3) A breath test required under subsection (1) shall be conducted by a police officer.

(4) A person who, without reasonable excuse, fails to provide a specimen of his breath when required to do so in pursuance of this section shall be guilty of an offence and shall be liable on conviction to a fine of not less than $1,000 and not more than $5,000 or to imprisonment for a term not exceeding 6 months and, in the case of a second or subsequent conviction, to a fine of not less than $3,000 and not more than $10,000 and to imprisonment for a term not exceeding 12 months.

(5) A police officer may arrest a person without warrant if —

(a)	as a result of a breath test he has reasonable cause to suspect that the proportion of alcohol in that person’s breath or blood exceeds the prescribed limit;
(b)	that person has failed to provide a specimen of his breath for a breath test when required to do so in pursuance of this section and the police officer has reasonable cause to suspect that he has alcohol in his body; or
(c)	he has reasonable cause to suspect that that person is under the influence of a drug or an intoxicating substance,

but a person shall not be arrested by virtue of this subsection when he is at a hospital as a patient.

Provision of specimen for analysis

70.—(1) In the course of an investigation whether a person arrested under section 69(5) has committed an offence under section 67 or 68, a police officer may, subject to the provisions of this section and section 71, require him —

(a)	to provide a specimen of his breath for analysis by means of a prescribed breathanalyser; or
(b)	to provide at a hospital a specimen of his blood for a laboratory test,

notwithstanding that he has been required to provide a specimen of his breath for a breath test under section 69(1).

(2) A breath test under this section shall be conducted by a police officer and shall only be conducted at a police station.

(3) A requirement under this section to provide a specimen of blood shall not be made unless —

(a)	the police officer making the requirement has reasonable cause to believe that for medical reasons a specimen of breath cannot be provided or should not be required;
(b)	at the time the requirement is made, the prescribed breathanalyser is not available at the police station or it is for any other reason not practicable to use the breathanalyser; or
(c)	the police officer making the requirement has reasonable cause to suspect that the person required to provide the specimen is under the influence of a drug or an intoxicating substance,

and may be made notwithstanding that the person required to provide the specimen has already provided or been required to provide a specimen of his breath.

(4) A person who, without reasonable excuse, fails to provide a specimen when required to do so in pursuance of this section shall be guilty of an offence and if it is shown that at the time of any accident referred to in section 69(1)(d) or of his arrest under section 69(5) —

(a)	he was driving or attempting to drive a motor vehicle on a road or any other public place, he shall be liable on conviction to be punished as if the offence charged were an offence under section 67; or
(b)	he was in charge of a motor vehicle on a road or any other public place, he shall be liable on conviction to be punished as if the offence charged were an offence under section 68.

(5) A police officer shall, on requiring any person under this section to provide a specimen for a laboratory test, warn him that failure to provide a specimen of blood may make him liable to imprisonment, a fine and disqualification, and, if the police officer fails to do so, the court before which that person is charged with an offence under subsection (4) may dismiss the charge.

Protection of hospital patients

71.—(1) A person who is at a hospital as a patient shall not be required to provide a specimen for a breath test or to provide a specimen for a laboratory test unless the medical practitioner in immediate charge of his case authorises it and the specimen is to be provided at the hospital.

(2) The medical practitioner referred to in subsection (1) shall not authorise a specimen to be taken where it would be prejudicial to the proper care and treatment of the patient.

Evidence in proceedings for offences under sections 67 and 68

71A.—(1) In proceedings for an offence under section 67 or 68, evidence of the proportion of alcohol or of any drug or intoxicating substance in a specimen of breath or blood (as the case may be) provided by the accused shall be taken into account and, subject to subsection (2), it shall be assumed that the proportion of alcohol in the accused’s breath or blood at the time of the alleged offence was not less than in the specimen.

(2) Where the proceedings are for an offence under section 67(1)(a) or 68(1)(a) and it is alleged that, at the time of the offence, the accused was unfit to drive in that he was under the influence of drink, or for an offence under section 67(1)(b) or 68(1)(b), the assumption referred to in subsection (1) shall not be made if the accused proves —

(a)

that he consumed alcohol after he had ceased to drive, attempt to drive or be in charge of a motor vehicle on a road or any other public place and before he provided the specimen; and

(b)

that had he not done so the proportion of alcohol in his breath or blood —

(i)	would not have been such as to make him unfit to drive a motor vehicle in the case of proceedings for an offence under section 67(1)(a) or 68(1)(a); or
(ii)	would not have exceeded the prescribed limit in the case of proceedings for an offence under section 67(1)(b) or 68(1)(b).

(3) Subject to subsection (5) —

(a)

evidence of the proportion of alcohol in a specimen of breath may be given by the production of a document or documents purporting to be either a statement automatically produced by a prescribed breathanalyser and a certificate signed by a police officer (which may but need not be contained in the same document as the statement) to the effect that the statement relates to a specimen provided by the accused at the date and time shown in the statement; and

(b)

evidence of the proportion of alcohol or of any drug or intoxicating substance in a specimen of blood may be given by the production of a document purporting to be a certificate signed by an authorised analyst as to the proportion of alcohol, drug or intoxicating substance found in a specimen of blood identified in the certificate.

(4) A specimen of blood shall be disregarded unless it was taken from the accused with his consent by a medical practitioner; but evidence that a specimen of blood was so taken may be given by the production of a document purporting to certify that fact and to be signed by a medical practitioner.

(5) A document purporting to be such a statement or such a certificate, or both, as is mentioned in subsection (3) is admissible in evidence on behalf of the prosecution in pursuance of this section only if a copy of it has been handed to the accused when the document was produced or has been served on him not later than 7 days before the hearing, and any other document is so admissible only if a copy of it has been served on the accused not later than 7 days before the hearing; but a document purporting to be a certificate (or so much of a document as purports to be a certificate) is not so admissible if the accused, not later than 3 days before the hearing or within such further time as the court may in special circumstances allow, has served notice on the prosecution requiring the attendance at the hearing of the person by whom the document purports to be signed.

(6) A copy of a certificate required by this section to be served on the accused or a notice required by this section to be served on the prosecution may be served personally or sent by registered post.

Deputy Commissioner of Police may require medical practitioner to send blood specimen for laboratory test

71B.—(1) Notwithstanding anything in section 69 or 71A, where a person —

(a)

was the driver of or attempted to drive or was in charge of a motor vehicle on a road or other public place when an accident occurred —

(i)	between that motor vehicle and one or more other motor vehicles; or
(ii)	causing any injury or death to another person; and

(b)

as a result of any injury sustained by him in the accident or any other cause is unable to provide a specimen of his breath under section 69 or to give his consent to a specimen of blood being taken from him for analysis,

any medical practitioner treating such person for his injury shall, if so directed by the Deputy Commissioner of Police, cause any specimen of blood taken by the medical practitioner from such person in connection with his treatment to be sent for a laboratory test to determine the proportion of alcohol or of any drug or intoxicating substance in the specimen.

(2) In proceedings for an offence under section 67 or 68, evidence of the proportion of alcohol or of any drug or intoxicating substance in a specimen of blood analysed in pursuance of this section shall be taken into account.

(3) Evidence of the proportion of alcohol or of any drug or intoxicating substance in a specimen of blood analysed under this section may, subject to subsection (4), be given by the production of a document purporting to be a certificate signed by an authorised analyst as to the proportion of alcohol, drug or intoxicating substance found in the specimen of blood identified in the certificate.

(4) The provisions of section 71A(5) and (6) shall apply, mutatis mutandis, to a certificate referred to in subsection (3) as they apply to a document or certificate referred to in section 71A(3).

Interpretation of sections 67 to 71B

71C.—(1) For the purposes of sections 67 to 71B —

“authorised analyst” means any medical practitioner, scientific officer or chemist who is employed in a hospital or laboratory to carry out analyses of blood;

“breath test” means a test for the purpose of obtaining, by means of a breath-analyser or any other device prescribed by the Minister, an indication whether the proportion of alcohol in a person’s breath or blood is likely to exceed the prescribed limit;

“fail” includes refuse;

“intoxicating substance” has the same meaning as in the Intoxicating Substances Act [Cap. 146A];

“police station” includes any place or conveyance authorised or appointed by the Commissioner of Police to be used as a police station;

“prescribed limit” means —

(a)	35 microgrammes of alcohol in 100 millilitres of breath; or
(b)	80 milligrammes of alcohol in 100 millilitres of blood.

(2) A person does not provide a specimen of breath for a breath test or for analysis unless the specimen is sufficient to enable the test or the analysis to be carried out and is provided in such a way as to enable the objective of the test or analysis to be satisfactorily achieved.

(3) Subject to section 71B, a person provides a specimen of blood if and only if he consents to its being taken by a medical practitioner and it is so taken.”.

Amendment of section 84

13. Section 84 of the principal Act is amended —

(a)

by inserting, immediately after the word “whereby” in the second line of subsection (3), the words “any person is killed or any”; and

(b)

by inserting, immediately after subsection (6), the following subsections:

“(7) Any person who is guilty of an offence under subsection (3) shall, if he had in driving or attempting to drive a motor vehicle at the time of the accident referred to in that subsection caused any serious injury or death to another person, be liable on conviction —

(a)	to a fine not exceeding $3,000 or to imprisonment for a term not exceeding one year; and
(b)	in the case of a second or subsequent conviction, to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 2 years.

(8) Where at one trial the driver of a motor vehicle is convicted and sentenced to imprisonment for —

(a)	an offence involving the use of the motor vehicle by him whereby any serious injury or death is caused to another person; and
(b)	an offence under subsection (3),

the court before which he is convicted shall order that the sentences for those offences shall run consecutively.”.

Repeal and re-enactment of section 123

14. Section 123 of the principal Act is repealed and the following section substituted therefor:

“Removal, detention or immobilisation of vehicles abandoned, etc.

123.—(1) The Minister may make rules to provide for —

(a)

the removal and detention of any vehicle (including any trailer drawn or any load carried thereby) which —

(i)	constitutes a danger or unreasonable obstruction to traffic;
(ii)	appears to have been abandoned on a road; or
(iii)	is parked or permitted to stand on any road in contravention of any provision of this Act or the rules; or

(b)

the prevention of the removal of any vehicle referred to in paragraph (a)(ii) or (iii) by the fixing of an immobilisation device to the vehicle.

(2) No vehicle which has been removed and detained by the Deputy Commissioner of Police or to which an immobilisation device has been fixed in accordance with any rules made under this section shall be released to the owner of the vehicle except —

(a)	by or under the direction of the Deputy Commissioner of Police or an officer authorised by him; and
(b)	upon the owner of the vehicle having paid all expenses incurred by the Deputy Commissioner of Police or the authorised officer in that behalf, and such other charges as may be imposed under this Act or the rules,

and the vehicle shall remain at the risk of the owner of the vehicle until all such expenses and charges have been paid.

(3) Any person who, without being authorised to do so in accordance with the rules, removes or attempts to remove —

(a)	any vehicle from any place at which it is being detained under the rules; or
(b)	an immobilisation device fixed to a vehicle in accordance with the rules,

shall be guilty of an offence.

(4) Where any vehicle which has been removed and detained by the Deputy Commissioner of Police or to which an immobilisation device has been fixed in accordance with the rules is not claimed by its owner within 3 months of the date of its detention or immobilisation, the Deputy Commissioner of Police may, after giving due notice in the Gazette and after giving not less than one month’s notice in writing to the owner (if the name and address of that person are known to him), sell the vehicle by public auction or otherwise dispose of the vehicle.

(5) The proceeds from the sale or disposal of any such vehicle shall be applied in the payment of any charges incurred in carrying out the provisions of this section and the rules made thereunder and the surplus, if any, shall be paid to the owner of the vehicle or if not claimed by the owner of the vehicle within 12 months shall be forfeited to the Government.

(6) Where, in pursuance of any rules made under this section, a vehicle has been removed and detained by the Deputy Commissioner of Police or an immobilisation device has been fixed to the vehicle, neither the Deputy Commissioner of Police nor any officer authorised by him to remove and detain the vehicle or to fix an immobilisation device thereto shall be liable for any damage to or loss of the vehicle or the contents thereof not caused wilfully or negligently by the Deputy Commissioner of Police or the authorised officer in the exercise of their powers under the rules or by any person acting under the direction of the Deputy Commissioner of Police or the authorised officer.

(7) In this section, “immobilisation device” means any device or appliance designed or adapted to be fixed to any part of a vehicle for the purpose of preventing the vehicle from being driven or otherwise put in motion, being a device or appliance of a type approved by the Minister for use for that purpose in accordance with rules made under this section.”.

Amendment of section 135

15. Section 135(1) of the principal Act is amended by deleting “$200” in the last line and substituting “$500”.

Transitional provision

16. Section 5 of this Act shall not apply to any person who, before the date of commencement of this Act —

(a)	has attained the age of 16 years but who is under the age of 18 years; and
(b)	has been issued with a driving licence to drive a motor vehicle,

and section 62 of the Road Traffic Act in force immediately before that date shall continue to apply to such person as if this Act had not been enacted.