Road Traffic (Miscellaneous Amendments) Bill

In the Road Traffic Act 1961 (called in this Act the RT Act), in section 36(7), replace “section 64” with “section 63A, 64”.

In the RT Act, in section 42 —

in subsection (1), replace “any period” with “any disqualification period”; and

after subsection (4), insert —“(5) In this section, “disqualification period”, for an offender against whom an order is made under subsection (1) in addition to the punishment imposed for an offence (called in this subsection the relevant offence), means the period for which the offender is disqualified from holding or obtaining a driving licence by that order, starting on the later of the following dates:

the date of the offender’s conviction for the relevant offence;

the date the offender is released from prison and is no longer serving any sentence of imprisonment, if the offender is or was sentenced to imprisonment (whether for the relevant offence or any other offence) before or at the same hearing where the offender is sentenced for the relevant offence.”.

In the RT Act, in section 42B —

in subsection (1), replace “or an order of a court” with “(called in this section the relevant conviction) or an order of a court (called in this section the relevant order)”;

in subsection (1), replace “the date of commencement of section 3 of the Road Traffic (Miscellaneous Amendments) Act 2025” with “1 January 2026”;

in subsection (2), replace the definition of “disqualification period” with —“ “disqualification period” means the period for which a person is disqualified from holding or obtaining a driving licence because of the relevant conviction or the relevant order, starting on the later of the following dates:

the date of the relevant conviction or the relevant order;

the date the person is released from prison and is no longer serving any sentence of imprisonment, if the person was sentenced to imprisonment (whether in relation to the relevant conviction or any other conviction) before or at the same hearing where the person was sentenced for the relevant conviction or at which the relevant order was made;”; and

in subsection (2), in the definition of “period of imprisonment”, replace “of the person’s release from prison” with “the person is released from prison and is no longer serving any sentence of imprisonment”.

In the RT Act, in section 47C(1A), replace “section 64” with “section 63A, 64”.

In the RT Act, after section 63, insert —“Purposeful endangerment using motor vehicle63A.—

A person (X) commits an offence if —

X drives a motor vehicle on a road in such a manner which endangers the life or safety of any person (whether or not the person is in a vehicle);

X drives in that manner for the purpose of endangering the life or safety of a particular person (Y) (whether or not Y is in a vehicle); and

death or grievous hurt is caused to any person (whether or not the person is Y and whether or not the person is in a vehicle) by the driving of the motor vehicle by X.Illustrations (a) A is driving a motor car on a road. B is driving another motor car in front of A. A manoeuvres A’s car in front of B’s car and brakes suddenly. This endangers B’s personal safety. A does so for the purpose of endangering B’s personal safety. B loses control of B’s car and crashes into C who is riding a motor cycle. C dies as a result. A is guilty of an offence under subsection (1). (b) A is driving a motor car on a road. B is riding a motor cycle in front of A. A drives closely behind B and presses A’s car horn several times. This endangers B’s personal safety. A does so for the purpose of endangering B’s personal safety. A loses control of A’s car and collides with the back of B’s motor cycle. B crashes and dies as a result. A is guilty of an offence under subsection (1). (c) A is driving a motor car on a road. B is riding a motor cycle on the same road. Both parties start racing with one another. A swerves into B’s lane for the purpose of endangering B’s personal safety. This endangers B’s personal safety. B fails to take evasive action and collides into A’s car. B is thrown off B’s motor cycle and dies as a result. A is guilty of an offence under subsection (1).

A person who is guilty of an offence under subsection (1) —

shall on conviction be punished with imprisonment for a term not exceeding 15 years; and

in addition, shall be liable on conviction to a fine or to caning, or to both.

A court convicting a person of an offence under subsection (1) 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 disqualification period that is equal to or longer than 10 years.

Where a person is convicted of abetting the commission of an offence under subsection (1) and it is proved that the person was present in the motor vehicle used in the commission of the offence at the time of the commission of the offence, the person is, for the purposes of sections 42(1)(a) and 44(1), deemed to be a person convicted of an offence in connection with the driving of a motor vehicle. (5) Any police officer may arrest without warrant any person who has committed or is committing an offence under subsection (1).

Despite the Criminal Procedure Code 2010, a District Court or a Magistrate’s Court has jurisdiction to try an offence under subsection (1) and has power to impose the full punishment specified in this section.

In this section —“disqualification period”, for an offender convicted of an offence (called in this subsection the relevant offence) under subsection (1), means the period for which the offender is disqualified from holding or obtaining a driving licence because of that conviction for the relevant offence, starting on the later of the following dates:

the date of the offender’s conviction for the relevant offence;

the date the offender is released from prison and is no longer serving any sentence of imprisonment, if the offender is or was sentenced to imprisonment (whether for the relevant offence or any other offence) before or at the same hearing where the offender is sentenced for the relevant 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.”.

In the RT Act, in section 64 —

in subsection (7)(a), replace “5 years” with “7 years”;

in subsection (7)(b), replace “10 years” with “13 years”;

in subsection (7)(c), replace “one year” with “18 months”;

in subsection (7)(d), replace “2 years” with “3 years and 6 months”;

in subsection (9), replace “shorter period of disqualification” with “shorter disqualification period”;

in the following provisions, replace “the date of commencement of section 5 of the Road Traffic (Miscellaneous Amendments) Act 2025” wherever it appears with “12 June 2025”:Subsection (9)(b), (e), (h) and (j)Subsection (10)(a), (b), (c) and (d)Subsection (11)(a) and (b)(i);

in subsection (10), replace “shorter period” with “shorter disqualification period”;

in subsection (11)(a)(ii), after “section”, insert “63A,”;

replace subsection (12) with —“(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 used in the commission of the offence at the time of the commission of the offence, the person is, for the purposes of sections 42(1)(a) and 44(1), deemed to be a person convicted of an offence in connection with the driving of a motor vehicle.”; and

in subsection (16), replace the definition of “disqualification period” with —“ “disqualification period”, for an offender convicted of an offence (called in this subsection the relevant offence) under this section or section 65 (as the case may be), means the period for which the offender is disqualified from holding or obtaining a driving licence because of that conviction for the relevant offence, starting on the later of the following dates:

the date of the offender’s conviction for the relevant offence;

the date the offender is released from prison and is no longer serving any sentence of imprisonment, if the offender is or was sentenced to imprisonment (whether for the relevant offence or any other offence) before or at the same hearing where the offender is sentenced for the relevant offence;”.

In the RT Act, in section 65 —

in subsection (7)(c), replace “12 months” with “18 months”;

in subsection (7)(d), replace “2 years” with “3 years and 6 months”;

in subsection (9), replace “shorter period of disqualification” with “shorter disqualification period”;

in the following provisions, replace “the date of commencement of section 5 of the Road Traffic (Miscellaneous Amendments) Act 2025” wherever it appears with “12 June 2025”:Subsection (9)(b), (e), (h) and (j)Subsection (10)(a), (b), (c) and (d)Subsection (11)(a) and (b)(i);

in subsection (10), replace “shorter period” with “shorter disqualification period”; and

in subsection (11)(a)(ii), after “section”, insert “63A,”.

In the RT Act, in section 65AA(1), after paragraph (aa), insert —“(ab)section 63A;”.

In the RT Act, in section 65B —

in the section heading, replace “Use of” with “Holding”;

in subsection (1), delete “and operates any of its communicative or other functions,”;

after subsection (1A), insert —“(1B) To avoid doubt, for the purposes of subsection (1), a driver who touches with his or her hand a mobile communication device which is secured in a mounting affixed to the vehicle, in the manner intended by the manufacturer of the mounting, does not hold the device.”; and

in subsection (3), in the definition of “repeat offender”, replace paragraphs (a), (b) and (c) with —“(a)an offence under subsection (1); or

an offence under section 65B as in force immediately before 1 February 2015,”.

In the RT Act, in section 67 —

in subsection (1)(a), delete “or” at the end;

in subsection (1)(b), after “blood”, insert “is equal to or”;

in subsection (1)(b), replace the comma at the end with “; or”;

in subsection (1), after paragraph (b), insert —“(c)has a specified substance present in his or her blood,”;

after subsection (1), insert —“(1A) In any proceedings for an offence under subsection (1)(c), it is a defence for the defendant to prove, on a balance of probabilities, that —

the specified substance was present in the defendant’s blood at the time of the alleged offence because the specified substance was lawfully smoked, inhaled, used or consumed by, or lawfully administered to or by, the defendant as authorised or exempted under —

the Misuse of Drugs Act 1973;

the Tobacco and Vaporisers Control Act 1993; or

the Intoxicating Substances Act 1987; and

the defendant did not know or have reason to believe that the smoking, inhalation, use or consumption by, or the administration to or by, the defendant, of the specified substance would affect his or her capacity, at the time of the alleged offence, to have proper control of a motor vehicle.”;

in subsection (2), replace “period of disqualification, order that the person be disqualified from holding or obtaining a driving licence for a period that is equal to or longer 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” with “disqualification period, order that the person be disqualified from holding or obtaining a driving licence for a disqualification period that is equal to or longer than the specified period corresponding to that case”;

in subsection (2A), replace “shorter period of disqualification” with “shorter disqualification period”; and

replace subsection (4) with —“(4) In this section —“disqualification period”, for an offender convicted of an offence (called in this subsection the relevant offence) under this section, means the period for which the offender is disqualified from holding or obtaining a driving licence because of that conviction for the relevant offence, starting on the later of the following dates:

the date of the offender’s conviction for the relevant offence;

the date the offender is released from prison and is no longer serving any sentence of imprisonment, if the offender is or was sentenced to imprisonment (whether for the relevant offence or any other offence) before or at the same hearing where the offender is sentenced for the relevant offence;“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 —

an offence under subsection (1) or section 68; or

an offence under subsection (1) as in force immediately before 1 November 2019.”.

In the RT Act, in section 67A(3), in the definition of “specified offence” —

in paragraph (a), delete “64(1) (as in force immediately before the date of commencement of section 5 of the Road Traffic (Miscellaneous Amendments) Act 2025),”;

after paragraph (a), insert —“(aa)section 64(1) that is committed before 12 June 2025;”;

in paragraphs (b) and (ba), replace “the date of commencement of section 5 of the Road Traffic (Miscellaneous Amendments) Act 2025” with “12 June 2025”;

in paragraph (ba), delete “or” at the end; and

after paragraph (ba), insert —“(bb)section 63A(1) that is committed on or after the date of commencement of section 6 of the Road Traffic (Miscellaneous Amendments) Act 2026; or”.

In the RT Act, in section 68 —

in subsection (1)(a), delete “or” at the end;

in subsection (1)(b), after “blood”, insert “is equal to or”;

in subsection (1)(b), replace the comma at the end with “; or”;

in subsection (1), after paragraph (b), insert —“(c)has a specified substance present in his or her blood,”;

after subsection (1), insert —“(1A) In any proceedings for an offence under subsection (1)(c), it is a defence for the defendant to prove, on a balance of probabilities, that —

the specified substance was present in the defendant’s blood at the time of the alleged offence because the specified substance was lawfully smoked, inhaled, used or consumed by, or lawfully administered to or by, the defendant as authorised or exempted under —

the Misuse of Drugs Act 1973;

the Tobacco and Vaporisers Control Act 1993; or

the Intoxicating Substances Act 1987; and

the defendant did not know or have reason to believe that the smoking, inhalation, use or consumption by, or the administration to or by, the defendant, of the specified substance would affect his or her capacity, at the time of the alleged offence, to have proper control of a motor vehicle.”;

replace subsection (2) with —“(2) For the purpose of subsection (1), a person is deemed not to have been in charge of a motor vehicle if the person proves, on a balance of probabilities —

that at the material time the circumstances were such that there was no likelihood of the person’s driving the vehicle so long as —

he or she remained so unfit to drive;

the proportion of alcohol in his or her breath or blood remained equal to or in excess of the prescribed limit; or

the specified substance was present in his or her blood; and

that the person had not driven the vehicle on a road or other public place between —

the time he or she became so unfit to drive and the material time;

the time when the proportion of alcohol in his or her breath or blood first became equal to, or first exceeded, the prescribed limit and the material time; or

the time when the specified substance became present in his or her blood and the material time.”; and

in subsection (3), replace “of the offender’s release from prison” with “the offender is released from prison and is no longer serving any sentence of imprisonment”.

In the RT Act, in section 69 —

replace the section heading with “Breath tests, etc.”;

in subsections (1), (3A) and (5)(a) and (b), replace “preliminary breath test” with “breath test”;

after subsection (1), insert —“(1A) A police officer may, for the prevention or detection of an offence under section 67 or 68 and before requiring the person to provide a specimen of his or her breath for a breath test under subsection (1), subject the person to a passive breath test.”;

replace subsection (2) with —“(2) A person may be required under subsection (1) to provide a specimen of his or her breath —

at or near the place where the requirement is made; or

if the police officer making the requirement thinks fit, at a police station specified by the police officer.”;

in subsection (3), replace “A preliminary breath test required under subsection (1)” with “A breath test required under subsection (1), and a passive breath test mentioned in subsection (1A),”;

in subsection (4), replace “pursuant to this section” with “under subsection (1) or (3A)”;

after subsection (4), insert —“(4A) If a person (X) is convicted of an offence under subsection (4) and it is shown that at the time of X’s involvement in an accident mentioned in subsection (1)(d) (if any) or of X’s arrest under subsection (5)(b) or (c), as the case may be —

X was driving or attempting to drive a motor vehicle on a road or any other public place — X shall, in lieu of the punishment prescribed under subsection (4), be liable to be punished as if the offence which X is convicted of were an offence under section 67; or

X was in charge of a motor vehicle on a road or any other public place — X shall, in lieu of the punishment prescribed under subsection (4), be liable to be punished as if the offence which X is convicted of were an offence under section 68.”; and

in subsection (5)(a), after “blood”, insert “is equal to or”.

In the RT Act, in section 70 —

in the section heading, after “Provision of”, insert “blood”;

replace subsections (1), (2) and (3) with —“(1) A police officer may, subject to the provisions of this section, require a person (X) to provide to a registered medical practitioner or nurse, at any place that may be determined by the police officer, a specimen of blood for a laboratory test for the purpose of investigating whether X has committed an offence under section 67 or 68 if —

X is arrested under section 69(5); or

X is at a hospital as a patient and the police officer making the requirement has reasonable cause to suspect that —

X has alcohol in X’s body; or

X is under the influence of a drug, a psychoactive substance or an intoxicating substance.

A requirement under subsection (1)(a) to provide a specimen of blood must not be made unless —

the police officer making the requirement has reasonable cause to believe that for medical reasons a specimen of breath for a breath test under section 69(1) or (3A) cannot be provided or should not be required;

when the requirement is made, there is no breath analysing device of a type approved for a breath test under section 69(1) or (3A) at the hospital, or at the police station or at or near the place where the arrest was made, or it is for any other reason not practicable to conduct a breath test under that section; or

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, a psychoactive substance or an intoxicating substance.

A requirement under this section to provide a specimen of blood may be made even though the person required to provide the specimen has already provided or been required to provide a specimen of his or her breath for a breath test under section 69(1) or (3A).”;

in subsection (4), after “specimen”, insert “of blood for a laboratory test”; and

in subsection (5), after “under this section to provide a specimen”, insert “of blood”.

In the RT Act, replace section 71 with —“How breath test or blood test is to be carried out71.—

Before taking a specimen of breath for a breath test from a person (X) who is at a hospital as a patient, the police officer taking the specimen, the registered medical practitioner or nurse in immediate charge of X’s case, and any other person who is giving instruction in relation to or overseeing the taking of the specimen, must each satisfy himself or herself that it does not endanger X.

Before taking a specimen of blood for a laboratory test from a person (Y) mentioned in section 70(1), the registered medical practitioner or nurse taking the specimen, and any other person who is giving instruction in relation to or overseeing the taking of the specimen, must each satisfy himself or herself that it does not endanger Y.”.

In the RT Act, in section 71A —

replace subsection (1) with —“(1) In proceedings for an offence under section 67 or 68, evidence of the proportion of alcohol or of any drug, psychoactive substance or intoxicating substance in a specimen of breath or blood provided by the accused under section 69 or 70 (as the case may be) is to be taken into account.

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 or she was under the influence of drink; or

section 67(1)(b) or 68(1)(b),subject to subsection (2), it is to 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 that in the accused’s specimen of breath or blood provided under section 69 or 70, as the case may be.

Where the proceedings are for an offence under section 67(1)(c) or 68(1)(c), subject to subsection (2A), it is to be assumed that the specified substance was present in the accused’s blood at the time of the alleged offence if it is present in the accused’s specimen of blood provided under section 70.”;

in subsection (2), replace “subsection (1) must not be made if the accused proves” with “subsection (1A) must not be made if the accused proves, on a balance of probabilities”;

after subsection (2), insert —“(2A) Where the proceedings are for an offence under section 67(1)(c) or 68(1)(c), the assumption mentioned in subsection (1B) must not be made if the accused proves, on a balance of probabilities —

that he or she smoked, inhaled, used, consumed, administered, or was administered, the specified substance after he or she 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 or she provided the specimen of blood; and

that had he or she not done so (or been so administered) the specified substance would not have been present in his or her blood.”; and

in subsection (4), after “registered medical practitioner” wherever it appears, insert “or nurse”.

In the RT Act, in section 71B —

in the section heading, after “registered medical practitioner”, insert “or nurse”; and

in subsection (1), after “registered medical practitioner” wherever it appears, insert “or nurse”.

In the RT Act, in section 72 —

in subsection (1), in the definition of “authorised analyst”, after “registered medical practitioner”, insert “, nurse”;

in subsection (1), after the definition of “intoxicating substance”, insert —“ “nurse” means a registered nurse or enrolled nurse within the meaning given by section 2 of the Nurses and Midwives Act 1999;“passive breath test” means a contactless test using ambient air samples to assess whether there is alcohol present in a person’s breath, by means of a breath analysing device of a type approved by the Deputy Commissioner of Police;”;

in subsection (1), delete the definition of “preliminary breath test”;

in subsection (1), in the definition of “prescribed limit”, in paragraph (a), replace “35 microgrammes” with “15 microgrammes”;

in subsection (1), in the definition of “prescribed limit”, in paragraph (b), replace “80 milligrammes” with “30 milligrammes”;

in subsection (1), in the definition of “psychoactive substance”, in paragraph (b), replace the full‑stop at the end with a semi‑colon;

in subsection (1), after the definition of “psychoactive substance”, insert —“ “specified substance” means any substance which is —

a controlled drug within the meaning given by section 2 of the Misuse of Drugs Act 1973;

a psychoactive substance; or

an intoxicating substance.”;

in subsection (1A), replace “definition of “breath test”” with “definition of “breath test” or “passive breath test” (as the case may be)”; and

in subsection (3), after “registered medical practitioner”, insert “or nurse”.

In the RT Act, in section 79(5), after “released from prison”, insert “and is no longer serving any sentence of imprisonment”.