PETALING JAYA: The government must change its approach in dealing with motorists who drive under the influence of alcohol, a lawyer said.
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Baljit Sidhu said the aim of penal laws was not merely to punish offenders but also to educate and create awareness among the public.
“There must be a paradigm shift from the government, especially law enforcement agencies, to tackle the drink driving menace instead of just resorting to harsh punishments,” he told FMT.
Baljit said this in response to a suggestion by Bukit Aman Traffic Investigation and Enforcement Department director Azisman Alias that police would hold discussions on imposing heavier penalties as such cases were on the rise.
Azisman said the police would hold discussions with the transport ministry and the Road Transport Department soon.
“Discussions from a legal standpoint will be held on the issue and I believe the public welcomes this,” he had said when commenting on the increasing cases of fatal accidents involving those who drive under the influence of alcohol.
Under the existing law, individuals who drive under the influence of alcohol can be charged under Section 45A (1) of the Road Transport Act (RTA)1987 which provides a fine of not less than RM1,000 and not more than RM6,000 or imprisonment not exceeding 12 months.
For drink driving offences leading to death, offenders are subject to Section 43 of the RTA which carries a maximum fine of RM10,000 and a maximum jail term of 12 months.
The police and the Road Transport Department are given the authority to enforce the RTA .
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Even former Cabinet minister Hishammuddin Hussein said that Putrajaya should not take the problem lightly as the number of accidents were on the rise and offenders appeared not to show any remorse.
Baljit, who is also a criminal law lecturer, suggested that the authorities should include hoteliers and bar and restaurant operators to effectively check accidents due to drink driving, especially in the late night.
“There must be laws to ensure that beer and alcohol should not be sold to patrons who are already highly intoxicated,” he said.
Baljit said drink driving that resulted in deaths and destruction to property must be checked before it became worse.
Meanwhile, lawyer A Srimurugan said the current penalty that came into force some 20 years ago was already hefty and there was no need for further amendments.
“Penalties in the form of jail and fine are useless unless the enforcement agencies actually do their job,” he said.
Srimurugan said the government should set up a Parliamentary Select Committee to study the root cause of drink driving and road rage incidents as the number of vehicles and young drivers was on the rise.
“The committee must get feedback from all interested parties to ensure driving on Malaysian roads is safe and pleasant,” he said.
Srimurugan also called on the police to stop the practice of giving a 50% discount for traffic summonses in the hope of collecting revenue for the government as that exercise sent a “wrong signal” to errant motorists. -FMT