Parliament passes amendments to Road Traffic Act

Using any mobile device in hand while driving to be illegal
By Walter Sim, The Straits Times, 9 Sep 2014

DRIVING while holding and using any type of mobile device, including small tablets, will be illegal from next February.

Currently, only calling or texting someone on a cellphone is barred. But when the changes to the Road Traffic Act, which were passed into law yesterday, come into effect, everything from checking e-mail to playing games on these devices will be an offence.

This comes amid a 20 per cent rise in the past two years in the number of summonses for using a mobile phone while driving - from 2,938 in 2012 to 3,572 last year. Senior Minister of State for Home Affairs Masagos Zulkifli said the amendments were necessary, given the proliferation of the types of mobile devices and their applications.

Several MPs, however, wondered if the enhanced laws go far enough, citing overseas studies and the laws of other countries.

Mr Gan Thiam Poh (Pasir Ris-Punggol GRC) said: "Researchers have found that drivers tend to be overconfident, and underestimate the risk of inattentive driving, particularly while using mobile devices, whether they are being held or mounted."

Bishan-Toa Payoh GRC MP Hri Kumar Nair also said the new rules "allow drivers to play a game, text or surf the Internet by tapping on the screen of a device placed on a holder". He added that drivers can still use the devices when the vehicle is not moving, calling it an unsatisfactory situation. He pointed out that in Britain, use of mobile devices is banned until the car is parked.

The same point was raised by Mr Zainal Sapari (Pasir Ris-Punggol GRC), who said Australia bans the use of mobile devices while a vehicle stops at a traffic junction.

Non-constituency MP Gerald Giam, meanwhile, suggested that emerging technologies such as smartwatches and the Google Glass, a head-mounted device which allows users to watch videos and surf the Web, will slip through the net.

But Mr Masagos said the use of such devices may yet fall foul of the offence of inconsiderate driving, which carries up to a $1,000 fine and a six-month jail term.

"We will continue to monitor the situation... and study the practices of other jurisdictions as they evolve to deal with (new) types of smart devices," he added, calling the amendments a "measured" approach to the problem.

Three MPs - Mr Zainal, Ms Tin Pei Ling (Marine Parade GRC) and Mr Ang Hin Kee (Ang Mo Kio GRC) - compared using the mobile phone while driving to driving under the influence of alcohol.

Ms Tin and Mr Gan also called for penalties stiffer than the current $200 fine and 12 demerit points. Those convicted in court also face up to a $1,000 fine and six months in jail; repeat offenders face up to double the penalty.

Mr Masagos replied that the current penalties are "sufficient".

Singapore Safety Driving Centre manager Gerard Pereira said the changes are a step in the right direction. But catching a motorist red-handed would remain a challenge, he added. "But given the possibility of being caught for inconsiderate driving, hopefully drivers will think twice."

Amended traffic laws not tough enough, say MPs
By Tan Shi Wei, TODAY, 9 Sep 2014

From February, holding and using any mobile communication device — including tablets — while driving could be punishable with fines and imprisonment, under new laws passed yesterday, even though some Members of Parliament (MPs) felt the rules did not go far enough to combat a growing road menace.

All eight MPs who rose to speak in the House felt the changes were a step in the right direction, but thought the laws could be stricter.

Some noted that devices mounted on dashboards, non-communication devices such as the Nintendo DS and wearable technology such as Google Glass fall outside the law’s ambit. These devices, they said, pose dangerous distractions for motorists.

Others felt it should be an offence to hold and use these devices even when the vehicle is not in motion, as motorists would otherwise be able to use them when they stop at a traffic light or in a traffic jam.

“The restriction should apply to the entire driving process. Drivers should remain alert to road conditions and any other road users until the car is safely parked,” said Bishan-Toa Payoh GRC MP Hri Kumar, adding that this was the case in other countries such as the United Kingdom.

Currently, it is an offence for a driver to hold and use a mobile phone and communicate with it while the vehicle is in motion. Under changes passed to the Road Traffic Act, this will now apply to any mobile communication device and the definition of “use” has been expanded to include surfing the Internet, checking emails and playing games.

If found guilty, a motorist can be fined S$200 and given 12 demerit points. If charged in court, first-time offenders can be fined up to S$1,000 and jailed up to six months. The penalties will be doubled for repeat offenders. The number of summonses issued to motorists using their mobile phones while driving has risen over the years, from 2,817 in 2011 to 3,572 last year. In the first six months of the year, 1,761 summonses were issued.

Responding to MPs’ concerns, Senior Minister of State (Home Affairs and Foreign Affairs) Masagos Zulkifli said the authorities had “deliberately decided to take a measured approach in tightening the rules on handphone driving”.

“It is neither possible nor practical for the law to specify all the actions and devices that could potentially distract a driver,” said Mr Masagos, adding that Singapore’s approach is consistent with that of jurisdictions such as Hong Kong.

“We will continue to monitor the situation after the new changes come into effect and study practices of other jurisdictions, as they evolve to deal with other types of smart devices that are being developed.”

Other amendments passed include the rebuttable presumption regime for selected traffic offences such as speeding. Vehicle owners would now be presumed to have committed the offence if they fail to provide the Traffic Police with particulars of the driver who committed it. However, they can rebut the presumption if they prove they were not the drivers at the time of the offence.

Motorists who are involved in accidents that have caused damage or injury also have the duty to provide their particulars to the owner of the vehicle or property, even when no one is around to ask for the information. For example, if a motorist hits a car in a car park, he should leave a note on the damaged car with his particulars.

And unless first contacted by the owner, all motorists must report the accident to the police in 24 hours. Those who fail to do so will be liable for the offence of hit-and-run.

To enhance drivers’ competency, work pass holders who drive for work purposes will need to obtain a local driving licence within six months of obtaining work passes from January 2016. Currently, they need to do so within 12 months from their last entry to the island.

However, Non-Constituency MP Gerald Giam felt the new window period was still too long. “Six months is a long time for someone who does not have a valid Singapore driving licence to be driving on our streets ... a foreign driver who is new to Singapore will tend to be unfamiliar with our roads.”

Another change would be raised licence conversion requirements for Work Permit and S-Pass holders who drive Class 3 vehicles, such as light goods vehicles and small buses. New applicants will now need to pass the Practical Driving Test and Basic Theory Test to convert to a Class 3 licence.

A voluntary Safe Driving Course will also be implemented to retrain motorists who have accumulated 12 or more demerit points. Individuals — excluding probationary drivers who have just obtained their driving licences — will have three demerit points deducted from their record on completion of the course.

Stricter rules for foreign workers driving commercial vehicles
New measures include practical test, shorter period to convert licence
By Lim Yi Han And Jalelah Abu Baker, The Straits Times, 9 Sep 2014

WORK permit and S-pass holders will have to pass a practical test as well if they want to operate small buses and light goods vehicles from June next year.

Currently, they need to pass only a basic theory test to convert their equivalent foreign licences.

From 2016, all work pass holders employed to drive will also get just six months to convert their equivalent overseas licences to a local one instead of the current 12 months.

Explaining these changes to the Road Traffic Act which were passed by Parliament yesterday, Senior Minister of State for Home Affairs Masagos Zulkifli said: "Put together, these two changes will ensure that foreign vocational drivers are competent (and familiar) when they drive on our roads."

To facilitate this, the Government announced a new Class 3C vehicle licence for foreigners. This licence excludes the small buses and light goods vehicles that typically come under Class 3, which allows a holder to drive cars, light goods vehicles and small buses which do not weigh more than 2,500kg.

Foreign workers who need to drive only cars rather than the other vehicles can apply for the new licence instead, and will need to pass only the basic theory test.

Workers currently with a full Class 3 licence will be given until May 31, 2017 before having to take the practical test.

Singapore Transport Association chairman Dave Ng said that the changes mean "much safer" roads, but several companies The Straits Times spoke to hope that the wait to re-take a practical test after failing one would not be too long.

Mr Chan Chong Beng, chairman of interior furnishings firm Goodrich Global, said: "The speed at which the foreigners can take the tests and get their licences is important. If they can't start soon, the company's work will be affected."

He said it will affect business if the worker fails and has to wait a few months for the next test.

Mr Masagos urged employers not to wait until the laws come into effect to start sending their workers for the necessary tests, highlighting how fleet operators such as Bok Seng Logistics have already begun the process.

Mr Ng, who is also Bok Seng's chief executive, said his company ensures their drivers already have a local licence before being allowed on the roads here.

"We also have our own safety team to ensure that they are proficient in driving. Of course it's more costly, but it's our responsibility."

Workers' Party Non-Constituency MP Gerald Giam suggested in Parliament that the regulations "may not be tight enough".

He said: "Six months is a long time for someone who does not have a valid Singapore driving licence to be driving on our streets.

"Accidents are more likely to happen within the first few days for a driver who is new to our roads."

He added that some may have obtained their licences through bribes and without actually taking any practical test. He gave New Delhi as an example of where this reportedly happens.

Mr Masagos said many countries also allow "non-tourist foreigners to drive with their foreign licences for a designated period". He added that police would take action if they "have reason to believe (a foreign licence) has been forged or tampered with".

Experts said that the changes are needed given the rising number of foreign drivers on the roads here.

Singapore Safety Driving Centre manager Gerard Pereira said: "There are certain safety aspects that we have that other countries don't have. Passing the basic theory test does not give a person the idea of the road situation here."

He said the six months for work pass holders to convert their licence is a "reasonable" timeframe, because "the normal waiting time for our driving tests is already about four to five months".

Scheme to help errant drivers improve skills
By Lim Yi Han, The Straits Times, 9 Sep 2014

A SCHEME to encourage errant drivers to improve their road skills will begin in the second half of next year with the introduction of the Safe Driving Course.

Motorists who have accumulated at least half of the maximum number of demerit points they are allowed before being suspended can choose to take the course. After five hours of theory lessons and an hour of practice, three demerit points will be deducted.

The course, developed by the Traffic Police and driving schools, can be taken only twice.

Senior Minister of State for Home Affairs Masagos Zulkifli said in Parliament yesterday that this "early intervention" scheme aims to get poor drivers to "correct unsafe road habits".

According to Traffic Police figures, around 31,500 licence holders would currently be eligible for the course.

Singapore Safety Driving Centre manager Gerard Pereira said: "We don't want to just punish them; we want to educate them. Three points may mean a lot to a driver."

Still, Mr Ang Hin Kee (Ang Mo Kio GRC) told Parliament yesterday: "We should not end up with drivers going through the motions of attending the Safe Driving Course, but, rather, ensure that it will result in effectively instilling better and more responsible driving habits."

Two amendments, which will take effect from February, were also made to the Road Traffic Act to get drivers to be more responsible.

If a vehicle is caught for certain traffic offences, for instance speeding or running a red light, the owner will be given two weeks to inform the authorities who was behind the wheel at the time.

If the owner fails to do this, he will be presumed to have committed the offence.

Currently, the owner has a week to report any incidents but faces only the possibility of being hauled up for failing to furnish information. The original traffic offence is not attributed to anyone.

For the last three years, more drivers have been failing to provide information, from 2,959 cases in 2011 to 4,521 last year, said the Traffic Police.

The other change is that drivers will have to take reasonable steps to provide their particulars after an accident - even when there is no one around.

For instance, if a driver hits a car at a deserted carpark, he must leave his particulars and report the matter to the police within 24 hours, unless first contacted by the other car's owner. Failure to do so could mean a jail term of six months and a fine of up to $1,000.

Currently, the driver needs to give the information only if someone asks for it.

General Insurance Association of Singapore executive director Derek Teo said motorists whose vehicles were damaged anonymously are currently forced to make a claim on their own policies, affecting their "no claim discount".

Related
Second Reading of the Road Traffic (Amendment) Bill – Speech by Mr Masagos Zulkifli, Senior Minister of State for Home Affairs and Foreign Affairs

Wrap-Up Speech on the Road Traffic (Amendment) Bill – Speech by Mr Masagos Zulkifli, Senior Minister of State for Home Affairs and Foreign Affairs