Gov’t eyes new definition of ‘evading responsibility’

The government has been revising the current Road Traffic Law, proposing to separate the offense of “evading responsibility” in traffic accidents, while also suggesting increased penalties for speeding and drunk driving.

The First Standing Committee of the Legislative Assembly (AL) continued its meeting on Friday to discuss the amendment bill to the Road Traffic Law, featuring presentations from the Secretary for Transport and Public Works, Raymond Tam, and Transport Bureau (DSAT) Director Lam Hin San.

According to a briefing by Ella Lei, head of the First Standing Committee, the government has proposed separating the current offense of “evading responsibility” in traffic accidents into two distinct categories: “evading criminal responsibility” and “avoiding civil liability,” each to be handled differently.

Evading criminal responsibility reportedly refers to cases where criminal acts – such as drunk driving or speeding – lead to a traffic accident and the perpetrator intentionally evades responsibility. Such cases will continue to be treated as public offenses, with a maximum penalty of two years’ imprisonment or a fine of up to 240 days.

Evading civil liability, on the other hand, pertains to traffic accidents where no harm is caused to others, or where only property damage occurs – such as accidentally damaging another person’s vehicle. If the police confirm that the individual fled the scene to evade responsibility, they may face a maximum sentence of one year’s imprisonment or a fine of up to 120 days.

Additionally, a provision states that “criminal proceedings may not be initiated without a complaint,” classifying this as a semi–public offense.

Lei cited police data to explain this move, noting that last year, 90% of cases involving evasion of responsibility were classified as civil offenses rather than criminal offenses – such as bodily harm.

Many of these cases involved minor incidents, such as “lightly scratching” other people’s vehicles, which “may have been accidental.”

“The authorities have considered that drivers involved in traffic accidents who evade civil liability may not necessarily be aware of the accident. Once located by the police, they might reach a settlement with the affected parties and agree to compensation, leading the other party to choose not to prosecute. This means the right to pursue legal action lies with the victim, who decides whether to file a lawsuit,” she added.

According to Lei’s remarks, this step was taken in response to criticism from society and the legal community regarding the consistent charging of individuals with public offenses to evade responsibility – especially in cases of minor property damage that do not involve criminal liability, where the parties are willing to compensate and settle.

Speeding and drunk driving

Meanwhile, the bill also proposes that motor vehicles – typically including cars, SUVs, and light trucks – exceeding the speed limit by less than 30 kilometers per hour will be classified as “minor speeding,” with fines ranging from MOP1,500 to MOP6,000.

Exceeding the speed limit by 30 to 50 kilometers per hour will result in fines of MOP6,000 to MOP12,000 and a license suspension of six months to one year.

Exceeding the speed limit by more than 50 kilometers per hour will incur fines of MOP12,000 to MOP24,000 and a license suspension of one to two years.

Regarding penalties for drunk driving, it is proposed that drivers with a blood alcohol content of 0.5 grams or more but less than 0.8 grams per liter shall be fined between MOP4,000 and MOP40,000.

Those with a blood alcohol content of 0.8 grams or more but less than 1.2 grams per liter will face fines of MOP6,000 to MOP60,000 and a driving license suspension of two to six months.