Dangerous or Reckless Driving in Singapore

If you drive recklessly or dangerously on Singapore roads, you can face severe penalties. Even first-time offenders can face imprisonment if convicted of dangerous or reckless driving, regardless of causing hurt or death. The court can also disqualify an offender from driving for a specific period. A conviction can lead to a lifelong driver disqualification for serious repeat offenders in certain circumstances.

Dangerous or reckless driving is also an arrestable offence in Singapore, meaning the police can arrest a suspect on the scene without a warrant.

A conviction on a dangerous or reckless driving charge can have disastrous consequences for the convicted driver – not to mention the devastating consequences for the victim, or the victim’s family if the driving caused hurt or death.

This article discusses the offence of dangerous or reckless driving, the penalties if convicted, and what the court will consider when imposing a sentence upon conviction.

The offence of reckless or dangerous driving

Section 64(1) of the Road Traffic Act 1961 states:

“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.”

What is “reckless” or “dangerous” driving?

The definition implies that the court will consider each case on its own circumstances to determine whether the driver drove recklessly or dangerously in the circumstances.

The court will consider factors such as::

• The condition of the road – is it a smooth surface, a straight road, or was the surface wet?
• The legal speed limit vs the driver’s speed at the time.
• The time of day – was it peak hour for traffic?
• Visibility – did it rain? Was it getting dark?
• Road usage – is it usually a busy road? Are there many pedestrians in the area? Is it close to a school zone or in a residential area?

The court will look at a case differently when, for example, the driver was speeding, but it was a straight road in a quiet, rural area in the middle of a clear day, as opposed to speeding and weaving in and out of traffic in peak hours on a city road with many pedestrians in the pouring rain.

Penalties for reckless or dangerous driving

Section 64(2) of the Act outlines the penalties for reckless or dangerous driving. The severity of the punishment depends on the nature or extent of the harm caused, and whether the offender is a first-time, repeat, or serious offender.

In addition to the prescribed penalties, section 64(2D) prescribes circumstances where the court must disqualify the driver from holding a driving licence unless the court thinks there are special reasons not to order such a disqualification.

What is a serious offender?

Section 64(8) defines a serious offender as an offender:

• Who is convicted of driving under the influence of drink or drugs under section 67; or
• Who fails to provide a sample of breath or blood under section 70(4).

What is a serious repeat offender?

A serious repeat offender is an offender who fulfils the requirements of section 64(8) above, and has been convicted at least once before of a specified offence, which are:

• Driving under the influence of drink or drugs; or
• Being in charge of a motor vehicle when under the influence of drink or drugs; or
• Refusing to provide a sample.

Penalties and harm caused

Where no hurt is caused as a result of dangerous or reckless driving

• For first-time offenders: under section 64(2C), the penalty is a maximum fine of S$5,000 or imprisonment up to 12 months, or both.
• For repeat offenders, a maximum fine of S$10,000 or a maximum of 2 years imprisonment, or both

If the offender is a serious offender, the relevant sentence for first-time offenders and, in addition:

• A minimum fine of S$2,000 but not more than S$10,000; or
• Imprisonment up to a maximum of 12 months; or both
• Disqualification from holding a driver’s licence for at least 2 years.

Where the offender is a serious repeat offender in relation to the driving, in addition to the prescribed punishment above for non-serious repeat offenders:

• A minimum fine of S$5,000 and not more than S$20,000; and
• A maximum of two years imprisonment.

If the offender has only one previous conviction for driving under the influence of drugs or alcohol, or failure to provide a sample, disqualification from holding a driver’s licence for at least 5 years.

If the offender has 2 or more previous convictions, they can be disqualified for life.

Where hurt is caused to another person due to dangerous or reckless driving

• For first-time offenders: under section 64(2B), the penalty is a maximum fine of S$10,000 or imprisonment up to 2 years, or both.
• For repeat offenders, a maximum fine of S$20,000 or a maximum of 4 years imprisonment, or both.

If the offender is a serious offender,the relevant sentence for non-serious first-time offenders and, in addition:

• A minimum fine of S$2,000 but not more than S$10,000; or
• Imprisonment up to a maximum of 12 months or both.
• Disqualification from holding a driver’s licence for at least 2 years.

Where the offender is a serious repeat offender in relation to the driving, in addition to the prescribed punishment above for non-serious repeat offenders:

• A minimum fine of S$5,000 and not more than S$20,000; and
• A maximum of two years imprisonment.
• If the offender has only one previous conviction for driving under the influence of drugs or alcohol or failure to provide a sample, disqualification from holding a driver’s licence for at least 5 years.
• If the offender has 2 or more previous convictions, they can be disqualified for life.

Where grievous hurt is caused to another person due to dangerous or reckless driving

• For first-time offenders: under section 64(2A), the penalty is imprisonment for not less than 1 year and not more than 5 years.
• Disqualification from holding a driver’s licence for at least 8 years.
• For repeat offenders, a minimum of 2 years imprisonment and not more than 10 years.
• Disqualification from holding a driver’s licence for at least 8 years.

If the offender is a serious offender, the relevant sentence for non-serious first-time offenders and, in addition:

• A minimum fine of S$2,000 but not more than S$10,000; and
• A minimum of 6 months imprisonment and not more than 1 year.
• Disqualification from holding a driver’s licence for at least 10 years.

Where the offender is a serious repeat offenderin relation to the driving, in addition to the prescribed punishment for non-serious repeat offenders:

• A minimum fine of S$5,000 and not more than S$20,000; and
• A minimum of 1 year imprisonment up to a maximum of 2 years imprisonment.
• If the offender has only one previous conviction for driving under the influence of drugs or alcohol, disqualification from holding a driver’s licence for at least 13 years.
• If the offender has 2 or more previous convictions, they can be disqualified for life.

Where death is caused to another person due to dangerous or reckless driving

For first-time offenders:under section 64(2), the penalty is imprisonment for not less than 2 years and not more than 8 years.

• Disqualification from holding a driver’s licence for at least 10 years.

For repeat offenders, a minimum of 4 years imprisonment and not more than 15 years.

• Disqualification from holding a driver’s licence for at least 10 years.

If the offender is a serious offender, the relevant sentence for non-serious first-time offenders, and, in addition:

• A minimum of 1 year imprisonment and not more than 2 years; and
• Disqualification from holding a driver’s licence for at least 12 years.

Where the offender is a serious repeat offenderin relation to the driving, in addition to the prescribed punishment for non-serious repeat offenders:

• A minimum of 2 years imprisonment up to a maximum of 4 years imprisonment.
• If the offender has only one previous conviction for driving under the influence of drugs or alcohol, disqualification from holding a driver’s licence for at least 15 years.
• If the offender has 2 or more previous convictions, they can be disqualified for life.

As we can see, the Act prescribes minimum and maximum penalties. When considering what sentence to impose, the court will also consider the driver’s actions and attitude, also referred to as the driver’s culpability.

Driver culpability considerations include:

• To what extent was the driver at fault?
• Was the driver speeding?
• Was the driver drinking or taking drugs before driving?
• Was the driver on his phone?
• Was the driver driving with a lack of sleep?
• Did the driver disobey traffic signs?
• Why was the driver driving dangerously?
• Was there an emergency?
• Was he taking part in a street race?

Conclusion

The penalties for dangerous or reckless driving are severe. If you face a dangerous or reckless driving charge, you should seek legal advice immediately.

An experienced lawyer will help you navigate your case and achieve the best outcome for your circumstances.