After over 16 years, Macau’s Road Traffic Law was finally proposed to be revised after a public consultation held in 2019 and the introduction of a new “demerit point system” in 2023.
However, the bill faced further changes following this year’s government transition, leading lawmaker Ron Lam to warn that it may be scrapped due to unclear legislative logic.
After several years of discussions and reaching the Legislative Assembly (AL) term deadline, the AL announced a final meeting to discuss further details yesterday.
Still, it remains uncertain whether the meeting will approve or, most likely, will acknowledge the scrapping of all the legislative work.
In an exclusive interview with the Times, Lam said he wants to understand why the bill is potentially to be abandoned. He noted that throughout his participation in multiple meetings, he realized the government’s intentions regarding the traffic law revisions were unclear.
According to the AL’s rules of procedure, a plenary session to vote on a bill’s detailed provisions must be notified at least two days in advance. If the AL decides not to extend the term, there will be insufficient time to convene a session to address the matter.
Speaking to the Times yesterday at his office, Lam acknowledged that the law, in effect since 2007, encompasses several important regulations, including technical road traffic rules and provisions for three major bridges. The law’s content is “extensive,” involving numerous legal provisions and having a significant societal impact.
Based on his experience in the review process, he emphasized that this law’s technical complexity and social implications require thorough examination.
Deeply involved in the review process, Lam recalled that in 2019 the government conducted a consultation proposing increased fines, which sparked public protests. Since then, he noted that “progress has been slow,” with the revised draft not resubmitted until 2023. During this period, the draft underwent discussions involving as many as eight or nine working documents, highlighting the complexity and importance of this issue.
The recent revisions to the traffic law have undergone multiple changes over the years. Lam admitted, “The government seems to lack a clear legislative logic.” While introducing a demerit point system to strengthen penalties and improve regulations, it has simultaneously retained criminal penalties for minor violations, an aspect he described as “confusing.”
Citing an example from the design of the demerit point system, he noted that the government initially arbitrarily listed 17 symbols to indicate behaviors that would result in point deductions. However, penalties for minor violations are only imposed if the same offense is repeated, potentially leading to license suspension.
Regarding the government’s insistence on retaining provisions for minor violations, he pointed out, “Retaining both is unreasonable and lacks a clear logical basis.”
The lawmaker pointed out that the confusing requirements hinder the public’s understanding of their rights and responsibilities. For example, the ban on pedestrians using mobile phones while crossing streets contradicts fundamental safety principles and may not actually improve safety. Furthermore, the inconsistencies in regulations for heavy vehicles and electric wheelchairs reflect a lack of coherent reasoning in the legislation.
Overall, Lam underscores the necessity for clearer and more logical regulations that prioritize public safety and are easily understood by the public.
In light of the numerous issues surrounding the current revision of such law, Lam stated that the new draft law is “not sufficiently mature and should not be passed.” He believes the government must take a clear and comprehensive approach to rethink the entire legal framework.
Notably, the relevant legislation was reviewed by the First Standing Committee of the AL, resulting in significant changes. The original “demerit point system” has been abolished and replaced by a new “traffic violation point system.” Under this system, drivers start with 0 points, and accumulating 18 points or more will result in the revocation of the driver’s license.
Violations are categorized into three levels: criminal offenses, such as drunk driving and dangerous driving, incur four to five points; minor violations, including severe speeding and running red lights, result in two to three points; while administrative violations carry one point.
Additionally, the new bill proposes prohibiting pedestrians from operating or viewing mobile phones or other telecommunication devices while crossing the road. Penalties will remain consistent with current law, specifically a fine of MOP300.
Lam emphasized the need for the government to reassess and integrate public opinions, establishing a clear direction to advance the effective revision of the traffic law. This law involves multiple revisions, each representing a legal article, covering the repeal of three to forty regulations and integrating new content. Such confusion indicates that the government is not adequately prepared for this revision.
“To make the traffic law effective, the government needs a coherent logic and a comprehensive plan,” he asserted.
Given the bill’s complexity and volume, which have taken five to six years since the last consultation to reach this stage, Lam noted that societal changes have not been adequately reflected in the law. He suggested that if the bill is to be resubmitted, a comprehensive public consultation is essential to ensure it addresses the latest societal needs, as this issue is closely tied to people’s livelihoods.
While Lam acknowledged that the new government has adopted a relatively open attitude toward this bill and is willing to listen to opinions, he pointed out that there is still a lack of a clear strategy for improving the law.
Due to time constraints, the new text has not been thoroughly discussed. He emphasized that simply revising the law will not adequately meet society’s evolving legal demands, which is already a significant challenge.
“From the current situation, I have not seen the government’s efforts in this regard, particularly in the first session, where there is a lack of clear direction.”
The recent seven-person car accident has ignited public debate over Macau’s traffic law, prompting many to question whether current penalties are too lenient, leading to a disregard for violations.
Lam noted that while penalties and enforcement have improved, the severity should match public concern. Acknowledging the demand for harsher penalties, he emphasized that this should be a “last resort.” Instead, he stressed the importance of traffic safety education and awareness campaigns, especially for young drivers, to ensure they understand the seriousness of their actions.
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