Clause 5

A person must not, having regard to all the circumstances of the case, including the nature, condition and use of the road, and the volume of traffic which is, or might reasonably be expected to be, on the road at that time, drive a motor vehicle on a road —

recklessly; or

at a speed or in a manner which is dangerous to the public.(2) A person (X) commits an offence if —

X contravenes subsection (1); and

death is caused to another person by the driving of the motor vehicle by X.(3) A person (Y) commits an offence if —

Y contravenes subsection (1); and

grievous hurt is caused to another person by the driving of the motor vehicle by Y.(4) A person (Z) commits an offence if —

Z contravenes subsection (1); and

hurt is caused to another person by the driving of the motor vehicle by Z.(5) A person who contravenes subsection (1) shall be guilty of an offence and shall on conviction —

be liable to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 12 months or to both;

if 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;

if 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

if the person 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).(6) A person who is guilty of an offence under subsection (2) shall be punished on conviction —

with imprisonment for a term not exceeding 8 years;

if the person is a repeat offender — with imprisonment for a term of not less than 2 years and not more than 15 years;

if the person 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); or

if the person 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).(7) A person who is guilty of an offence under subsection (3) shall be punished on conviction —

with imprisonment for a term not exceeding 5 years;

if the person is a repeat offender — with imprisonment for a term of not less than one year and not more than 10 years;

if the person 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); or

if the person 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).(8) A person who is guilty of an offence under subsection (4) shall on conviction —

be liable to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 2 years or to both;

if 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;

if 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

if the person 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).(9) A court convicting a person of an offence under subsection (2), (3), (4) or (5) 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:

for a serious offender in subsection (5)(c) — 2 years;

for a serious repeat offender in subsection (5)(d) who has been convicted (whether before, on or after the date of commencement of section 5 of the Road Traffic (Miscellaneous Amendments) Act 2024) on only one earlier occasion of any specified offence — 5 years;

for a repeat offender in subsection (6)(b) — 10 years;

for a serious offender in subsection (6)(c) — 12 years;

for a serious repeat offender in subsection (6)(d) who has been convicted (whether before, on or after the date of commencement of section 5 of the Road Traffic (Miscellaneous Amendments) Act 2024) on only one earlier occasion of any specified offence — 15 years;

for a repeat offender in subsection (7)(b) — 8 years;

for a serious offender in subsection (7)(c) — 10 years;

for a serious repeat offender in subsection (7)(d) who has been convicted (whether before, on or after the date of commencement of section 5 of the Road Traffic (Miscellaneous Amendments) Act 2024) on only one earlier occasion of any specified offence — 13 years;

for a serious offender in subsection (8)(c) — 2 years;

for a serious repeat offender in subsection (8)(d) who has been convicted (whether before, on or after the date of commencement of section 5 of the Road Traffic (Miscellaneous Amendments) Act 2024) on only one earlier occasion of any specified offence — 5 years.(10) A court convicting a person of an offence under subsection (2), (3), (4) or (5) in the following cases is to order that the person be disqualified from holding or obtaining a driving licence for life starting on the date of the person’s conviction, unless the court for special reasons thinks fit to order a shorter period:

a serious repeat offender in subsection (5)(d) who has been convicted (whether before, on or after the date of commencement of section 5 of the Road Traffic (Miscellaneous Amendments) Act 2024) on 2 or more earlier occasions of any specified offence;

a serious repeat offender in subsection (6)(d) who has been convicted (whether before, on or after the date of commencement of section 5 of the Road Traffic (Miscellaneous Amendments) Act 2024) on 2 or more earlier occasions of any specified offence;

a serious repeat offender in subsection (7)(d) who has been convicted (whether before, on or after the date of commencement of section 5 of the Road Traffic (Miscellaneous Amendments) Act 2024) on 2 or more earlier occasions of any specified offence;

a serious repeat offender in subsection (8)(d) who has been convicted (whether before, on or after the date of commencement of section 5 of the Road Traffic (Miscellaneous Amendments) Act 2024) on 2 or more earlier occasions of any specified offence.(11) A person is a repeat offender in relation to an offence under subsection (2), (3), (4) or (5) (called the current offence), respectively, if —

the person in the respective subsection has been convicted (whether before, on or after the date of commencement of section 5 of the Road Traffic (Miscellaneous Amendments) Act 2024) on at least one other earlier occasion of any of the following offences:

an offence under subsection (2), (3), (4) or (5);

an offence under section 65 or 116;

an offence under this section, or section 65 or 66, as in force immediately before 1 November 2019;

an offence under this section, or section 65, as in force on or after 1 November 2019 but before the date of commencement of section 5 of the Road Traffic (Miscellaneous Amendments) Act 2024;

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; or

the person in the respective subsection meets both of the following criteria:

the person has been convicted (whether before, on or after the date of commencement of section 5 of the Road Traffic (Miscellaneous Amendments) Act 2024) of an offence under section 63(4) on at least 2 other earlier occasions within the period of 5 years immediately before the date on which the person is convicted of the current offence;

in respect of at least 2 of those convictions, the court is satisfied that in committing the offence under section 63(4), the person had driven a motor vehicle on a road at a speed which exceeded by more than 40 kilometres per hour the speed limit imposed by or in exercise of powers conferred by this Act.(12) 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.(13) Any police officer may arrest without warrant any person who has committed or is committing an offence under this section.(14) 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.(15) Where subsections (6) and (7) prescribe a minimum term of imprisonment on conviction for an offence under subsection (2) or (3), respectively, the court is to impose a sentence of imprisonment that is equal to or greater than the prescribed minimum term of imprisonment unless the court for special reasons thinks fit to order a shorter term of imprisonment.(16) In this section and section 65 —“disqualification period”, for an offender convicted of an offence under this section or section 65 (as the case may be), means the period that the offender is disqualified from holding or obtaining a driving licence because of that conviction, starting on the later of the following dates:

the date of the offender’s conviction;

the date of the offender’s release from prison, if the offender is sentenced to imprisonment for that offence;“grievous”, in relation to hurt, has the meaning given by section 320 (except paragraph (aa)) of the Penal Code 1871;“hurt” has the meaning given by section 319 of the Penal Code 1871;“serious offender” —

in relation to an offence under subsection (2), (3), (4) or (5) (each called a section 64 offence), means an offender who is convicted of an offence under section 67 or 70(4), in addition to that section 64 offence, in relation to the offender’s driving; and

in relation to an offence under section 65(2), (3), (4) or (5) (each called a section 65 offence), means an offender who is convicted of an offence under section 67 or 70(4), in addition to that section 65 offence, in relation to the offender’s driving;“serious repeat offender” —

in relation to an offence under subsection (2), (3), (4) or (5) (each called a section 64 offence), means an offender who —

is convicted of an offence under section 67 or 70(4), in addition to that section 64 offence, in relation to the offender’s driving; and

has been convicted on at least one other earlier occasion of a specified offence; and

in relation to an offence under section 65(2), (3), (4) or (5) (each called a section 65 offence), means an offender who —

is convicted of an offence under section 67 or 70(4), in addition to that section 65 offence, in relation to the offender’s driving; and

has been convicted on at least one other earlier occasion of a specified offence;“specified offence” means —

an offence under section 67, 68 or 70(4); or

an offence under section 67 as in force immediately before 1 November 2019.Driving without due care and attention or reasonable consideration65.—

A person must not drive a motor vehicle on a road —

without due care and attention; or

without reasonable consideration for other persons using the road.(2) A person (X) commits an offence if —

X contravenes subsection (1); and

death is caused to another person by the driving of the motor vehicle by X.(3) A person (Y) commits an offence if —

Y contravenes subsection (1); and

grievous hurt is caused to another person by the driving of the motor vehicle by Y.(4) A person (Z) commits an offence if —

Z contravenes subsection (1); and

hurt is caused to another person by the driving of the motor vehicle by Z.(5) A person who contravenes subsection (1) shall be guilty of an offence and shall on conviction —

be liable to a fine not exceeding $1,500 or to imprisonment for a term not exceeding 6 months or to both;

if 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;

if 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

if the person 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).(6) A person who is guilty of an offence under subsection (2) shall on conviction —

be liable to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 3 years or to both;

if 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;

if 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

if the person 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).(7) A person who is guilty of an offence under subsection (3) shall on conviction —

be liable to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 2 years or to both;

if 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;

if 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

if the person 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).(8) A person who is guilty of an offence under subsection (4) shall on conviction —

be liable to a fine not exceeding $2,500 or to imprisonment for a term not exceeding 12 months or to both;

if the person is 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;

if 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

if the person 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).(9) A court convicting a person of an offence under subsection (2), (3), (4) or (5) 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:

for a serious offender in subsection (5)(c) — 2 years;

for a serious repeat offender in subsection (5)(d) who has been convicted (whether before, on or after the date of commencement of section 5 of the Road Traffic (Miscellaneous Amendments) Act 2024) on only one earlier occasion of any specified offence — 5 years;

for a repeat offender in subsection (6)(b) — 8 years;

for a serious offender in subsection (6)(c) — 10 years;

for a serious repeat offender in subsection (6)(d) who has been convicted (whether before, on or after the date of commencement of section 5 of the Road Traffic (Miscellaneous Amendments) Act 2024) on only one earlier occasion of any specified offence — 13 years;

for a repeat offender in subsection (7)(b) — 5 years;

for a serious offender in subsection (7)(c) — 7 years;

for a serious repeat offender in subsection (7)(d) who has been convicted (whether before, on or after the date of commencement of section 5 of the Road Traffic (Miscellaneous Amendments) Act 2024) on only one earlier occasion of any specified offence — 10 years;

for a serious offender in subsection (8)(c) — 2 years;

for a serious repeat offender in subsection (8)(d) who has been convicted (whether before, on or after the date of commencement of section 5 of the Road Traffic (Miscellaneous Amendments) Act 2024) on only one earlier occasion of any specified offence — 5 years.(10) A court convicting a person of an offence under subsection (2), (3), (4) or (5) in the following cases is to order that the person be disqualified from holding or obtaining a driving licence for life starting on the date of the person’s conviction, unless the court for special reasons thinks fit to order a shorter period:

a serious repeat offender in subsection (5)(d) who has been convicted (whether before, on or after the date of commencement of section 5 of the Road Traffic (Miscellaneous Amendments) Act 2024) on 2 or more earlier occasions of any specified offence;

a serious repeat offender in subsection (6)(d) who has been convicted (whether before, on or after the date of commencement of section 5 of the Road Traffic (Miscellaneous Amendments) Act 2024) on 2 or more earlier occasions of any specified offence;

a serious repeat offender in subsection (7)(d) who has been convicted (whether before, on or after the date of commencement of section 5 of the Road Traffic (Miscellaneous Amendments) Act 2024) on 2 or more earlier occasions of any specified offence;

a serious repeat offender in subsection (8)(d) who has been convicted (whether before, on or after the date of commencement of section 5 of the Road Traffic (Miscellaneous Amendments) Act 2024) on 2 or more earlier occasions of any specified offence.(11) A person is a repeat offender in relation to an offence under subsection (2), (3), (4) or (5) (called the current offence), respectively, if —

the person in the respective subsection has been convicted (whether before, on or after the date of commencement of section 5 of the Road Traffic (Miscellaneous Amendments) Act 2024) on at least one other earlier occasion of any of the following offences:

an offence under subsection (2), (3), (4) or (5);

an offence under section 64 or 116;

an offence under this section, or section 64 or 66, as in force immediately before 1 November 2019;

an offence under this section, or section 64, as in force on or after 1 November 2019 but before the date of commencement of section 5 of the Road Traffic (Miscellaneous Amendments) Act 2024;

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; or

the person in the respective subsection meets both of the following criteria:

the person has been convicted (whether before, on or after the date of commencement of section 5 of the Road Traffic (Miscellaneous Amendments) Act 2024) of an offence under section 63(4) on at least 2 other earlier occasions within the period of 5 years immediately before the date on which the person is convicted of the current offence;

in respect of at least 2 of those convictions, the court is satisfied that in committing the offence under section 63(4), the person had driven a motor vehicle on a road at a speed which exceeded by more than 40 kilometres per hour the speed limit imposed by or in exercise of powers conferred by this Act.(12) Any police officer may arrest without warrant any person who has committed or is committing an offence under this section.(13) 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.”.