Harsher penalties await those caught driving on drugs, says Transport Minister

Those in the habit of driving around under the influence of certain substances, not just alcohol, should best beware as the government aims to tighten Section 45A of the Road Transport Act 1987 (Act 333) to enforce harsher penalties on individuals caught.

Transport Minister Anthony Loke announced that this proposal will be presented during the third parliamentary session in October, highlighting the current leniency of the law concerning drug-impaired driving and emphasising the need for penalties similar to those for drunk driving.

We’re frankly surprised this isn’t already in effect given how dangerous such a situation is and how negative the outcomes that could result.

"For drivers who take drugs, we can only prosecute them if they cause road accidents. For those found driving under the influence of drugs but do not cause an accident, we can only have their licences suspended and they cannot be prosecuted," Loke stated.

He stressed the importance of proactive measures, arguing that waiting for an accident to occur before taking strict action is inappropriate. "Such drivers should be taken out of the road system," he added.

According to Section 45A, those found guilty of drunk driving face a maximum fine of RM10,000 and up to 12 months in prison for repeat offences. First-time offenders, however, can incur fines ranging from RM1,000 to RM6,000 and up to 12 months of imprisonment.

Loke also shared concerning statistics from a special five-day operation that began on August 1, 2024. Out of 276 commercial vehicle drivers tested, 21 were found to be under the influence of drugs. "This means that one in 13 drivers are under the influence of drugs. This is a very worrying situation," he said.

By aligning the penalties with those for drunk driving offenders, the government hopes to deter individuals from engaging in such dangerous behaviour and improve overall traffic safety.

That said, the full list of what exactly constitutes a drug or ‘harmful substance’ (and at what dosage) remains undefined. Furthermore, it could also be the case that certain legal prescription medication or substances can impair driving ability and endanger road users, though the penalty for these fringe situations also remain unclear.