Causing Death By Reckless Driving Carries A Minimum Of Five Years' Jail. It Used To Be Two.
If you find a Malaysian article saying causing death by reckless driving carries two to ten years and a RM5,000 to RM20,000 fine, it is describing the law before 23 October 2020.
The Road Transport (Amendment) Act 2020 (Act A1618) came into operation on that date and raised the penalties across the board.
| Before | Now | |
|---|---|---|
| Imprisonment | 2 to 10 years | 5 to 10 years |
| Fine | RM5,000 – RM20,000 | RM20,000 – RM50,000 |
| Licence disqualification | 3 years from conviction | 5 years |
The five-year minimum is the headline. PDRM has issued public reminders specifically about it. A court cannot go below it.
s.41 RTA 1987 criminalises causing death by driving a motor vehicle on a road recklessly, or at a speed or in a manner dangerous to the public having regard to all the circumstances. Since Act A1618 (in force 23 October 2020), first-offence punishment is imprisonment of not less than 5 and not more than 10 years and a fine of not less than RM20,000 and not more than RM50,000, with disqualification for 5 years. For subsequent convictions the reported fine range rises to RM20,000–RM100,000. Where death is caused while under the influence of alcohol or drugs, s.44 applies instead: 10 to 15 years, RM50,000–RM100,000, and 10 years' disqualification for a first offence — rising to 15 to 20 years, RM100,000–RM150,000 and 20 years' disqualification for a subsequent offence.
1. What section 41 actually says
"Any person who, by the driving of a motor vehicle on a road recklessly or at a speed or in a manner which having regard to all the circumstances (including the nature, condition and size of the road, and the amount of traffic which is or might be expected to be on the road) is dangerous to the public, causes the death of any person shall be guilty of an offence…"
Three elements do the work:
"Recklessly, or at a speed or in a manner… dangerous to the public." Three alternative routes to liability. Speed alone can suffice. So can manner of driving at a perfectly legal speed.
"Having regard to all the circumstances." The provision expressly lists the nature, condition and size of the road, and the amount of traffic that is or might be expected. A speed that is safe on the PLUS at 3am is not necessarily safe on the same road at 6pm. The test is contextual, not a fixed number.
"Causes the death of any person." Causation must be established.
Note what this offence is not. Causing death by dangerous driving is not an offence under the Penal Code. It sits in the Road Transport Act. That matters because the Penal Code homicide provisions are a separate and more serious track — see (Malaysia Has No "Manslaughter". It Has Culpable Homicide Not Amounting To Murder — And Five Exceptions.).
2. The penalty structure after Act A1618
Section 41 — causing death by reckless or dangerous driving:
| First offence | Subsequent | |
|---|---|---|
| Imprisonment | 5 – 10 years | 5 – 10 years |
| Fine | RM20,000 – RM50,000 | RM20,000 – RM100,000 |
| Disqualification | 5 years from conviction | — |
Section 44 — causing death while under the influence of alcohol or drugs:
| First offence | Subsequent | |
|---|---|---|
| Imprisonment | 10 – 15 years | 15 – 20 years |
| Fine | RM50,000 – RM100,000 | RM100,000 – RM150,000 |
| Disqualification | 10 years | 20 years |
Section 44 was also split into two categories by the amendment — cases causing injury and cases resulting in death.
The alcohol limits were tightened at the same time: 22 microgrammes of alcohol in 100 millilitres of breath, 50 milligrammes in 100 ml of blood, and 67 milligrammes in 100 ml of urine.
Additional consequence: the court will also order the particulars of the conviction to be endorsed on any driving licence you hold in the future.
Mandatory imprisonment for driving-under-influence offences was among the amendment's stated purposes.
3. Why the amendment happened
The Transport Minister said the amendments were aimed at addressing not just drink-driving, but reckless and dangerous driving and driving under the influence of drugs.
Public consultation supported it. The ministry conducted a survey involving more than 345,000 respondents, with 94% agreeing with heavier penalties for driving under the influence of alcohol and drugs.
Amendments were made to 13 sections of the 1987 Act, including ss.2, 41, 42, 43, 44, 45, 45A, 45B, 45C, 45G, 54, 88 and 112. The Bill also introduced a definition of "micromobility vehicle" and specific punishments for basikal lajak (modified bicycles) offences, following accidents involving them.
4. The related offences you should know
The amendment covered ss.41 to 45A, so the surrounding provisions were raised too:
- s.42 — reckless and dangerous driving (not causing death)
- s.43 — careless and inconsiderate driving
- s.44 — driving under the influence of intoxicating liquor or drugs
- s.45 — being in charge of a motor vehicle while under the influence
- s.45A onwards — related provisions including refusal to provide specimens
The gradation matters practically. A prosecutor choosing between s.41, s.42 and s.43 is choosing between very different consequences, and the difference turns on the manner of driving and whether death resulted.
5. If you have been charged
This is a serious criminal charge with a mandatory minimum custodial sentence. Get a lawyer immediately.
- Do not give a statement without advice. You are obliged to give your personal particulars; beyond that you have the right to remain silent — see (The CPC Sections That Actually Govern Your Arrest: s.23, s.28, s.28A, s.117, s.112 and s.387).
- Preserve evidence early. Dashcam footage, vehicle condition, road conditions, weather, lighting, witness details. Physical evidence at the scene disappears within days.
- The five-year minimum under s.41 means a guilty plea does not avoid custody. Mitigation affects position within the range, not whether there is a range.
- Whether s.41, s.42 or s.44 is charged makes an enormous difference. That is a matter for representations to the prosecution, which is a lawyer's job.
- Bar Council Legal Aid Centres: malaysianbar.org.my. YBGK covers representation at the station stage in eligible cases.
If you are the victim's family:
- The criminal case and any civil claim for damages are separate. A conviction does not automatically compensate you.
- Take advice on a civil claim — see (Hit By An Uninsured Driver? The MIB Pays. But Not If You Can't Give Them The Plate Number.) if the driver was uninsured.
- Talian Kasih 15999, Talian HEAL 15555, Befrienders KL 03-7627 2929.
6. The lifelong ban proposal
A Transport Minister has proposed imposing a lifelong ban on drivers who cause death through reckless driving.
We could not verify whether that proposal has been enacted, and it should be treated as a proposal rather than current law unless you confirm otherwise. The current position under Act A1618 is a 5-year disqualification under s.41 and 10 or 20 years under s.44.
What to actually do
If you drive:
- Understand that speed alone can establish the offence — the test is whether the speed or manner was dangerous in all the circumstances, not whether you exceeded a posted limit.
- The alcohol limits are 22 µg/100 ml breath, 50 mg/100 ml blood, 67 mg/100 ml urine. Under the influence causing death is a 10 to 15 year offence, not a fine.
- A dashcam protects you as much as it exposes you.
If you are involved in a fatal accident:
- Stop. Leaving the scene is a separate offence.
- Call 999.
- Do not admit fault at the scene.
- Report within 24 hours — see (The Law Says "As Soon As Reasonably Practicable." Your Insurer Treats 24 Hours As A Cliff.).
- Get a lawyer before giving any statement.
FAQ
What's the penalty for causing death by reckless driving in Malaysia?
Under s.41 RTA 1987 as amended, imprisonment of not less than 5 and not more than 10 years, a fine of RM20,000 to RM50,000, and disqualification from holding a licence for 5 years.
Did the penalty change?
Yes. The Road Transport (Amendment) Act 2020 (Act A1618) came into force on 23 October 2020, raising imprisonment from 2–10 years to 5–10 years, the fine from RM5,000–RM20,000 to RM20,000–RM50,000, and disqualification from 3 to 5 years.
Is there a mandatory minimum?
Yes — five years' imprisonment under s.41. PDRM has issued public reminders about it.
What if the driver was drunk?
Section 44 applies: 10 to 15 years' imprisonment, RM50,000 to RM100,000 fine and 10 years' disqualification for a first offence; 15 to 20 years, RM100,000 to RM150,000 and 20 years' disqualification for a subsequent offence.
What are the alcohol limits?
22 microgrammes per 100 ml of breath, 50 milligrammes per 100 ml of blood, and 67 milligrammes per 100 ml of urine.
Is this a Penal Code offence?
No. Causing death by dangerous driving sits in the Road Transport Act 1987, not the Penal Code.
Does speeding alone count as reckless?
Section 41 covers driving recklessly or at a speed or in a manner dangerous to the public, assessed having regard to all the circumstances including the nature, condition and size of the road and the traffic expected on it.
Will a conviction show on my licence?
Yes. The court will order the particulars of the conviction to be endorsed on any driving licence you hold in future.
This article is general legal information, not legal advice, and reading it does not create a lawyer–client relationship.
Specific to this article: penalty figures reflect the Road Transport (Amendment) Act 2020 (Act A1618), in force 23 October 2020, and a great deal of material still online reflects the pre-amendment position of 2–10 years and RM5,000–RM20,000 — verify against the current reprint of Act 333 at agc.gov.my before relying on any figure. Reported figures for subsequent-offence penalties under s.41 vary slightly between sources and are given here as reported. We could not verify whether the proposed lifelong ban on drivers who cause death through reckless driving has been enacted, and have identified it as a proposal only. Which section a prosecutor charges — s.41, s.42, s.43 or s.44 — materially changes the exposure and is not something this article can predict. Nothing here addresses sentencing practice within the statutory range, civil liability, or the quantum of damages. If you have been charged with an offence carrying a mandatory minimum custodial sentence, get a lawyer immediately and do not give a statement first.
Spot something outdated or wrong? Tell us — we’ll verify and correct it, with the correction noted.
Key sources (9) — how this was verified
- AskLegal existing page, "What happens if you accidentally kill someone in a road accident in Malaysia?" — the quoted text of s.41 of the Road Transport Act 1987: "Any person who, by the driving of a motor vehicle on a road recklessly or at a speed or in a manner which having regard to all the circumstances (including the nature, condition and size of the road, and the amount of traffic which is or might be expected to be on the road) is dangerous to the public, causes the death of any person shall be guilty of an offence"; the point that this is not a crime under the Penal Code; the requirement that the court order particulars of the conviction to be endorsed on any driving licence held in future; and the Transport Minister's proposal to impose a lifelong ban on drivers who cause death through reckless driving: https://asklegal.my/p/reckless-driving-speeding-causing-death-harm-road-accident-malaysia
- Bernama, 21 October 2020, "Road Transport Act (Amendment) 2020 comes into effect Oct 23" — the confirmation that the amendments include s.41 of the Road Transport Act 1987 (Act 333) on causing death by reckless or dangerous driving, namely imprisonment for five to 10 years with a fine of RM20,000 to RM50,000: https://www.bernama.com/en/news.php?id=1892454
- Zul Rafique & Partners, "Road Transport (Amendment) Act 2020" — Act A1618 coming into operation on 23 October 2020; the amendment of s.41 carrying imprisonment for five to 10 years with a fine of RM20,000 to RM50,000; and the amendment of s.44 dividing the offence into cases causing injury and those resulting in death, with those causing death jailed between 10 and 15 years and fined between RM50,000 and RM100,000 with 10 years' disqualification for first-time offenders, and 15 to 20 years' jail, a fine of not less than RM100,000 and a maximum of RM150,000, and 20 years' disqualification for subsequent offences: https://www.zulrafique.com.my/article-sample.php?id=1314
- Rahmat Lim & Partners, "Senate passes Road Transport (Amendment) Bill 2020" — s.41 increased to imprisonment for not less than five and not more than ten years and a fine of not less than RM20,000 and not more than RM50,000, against the previous two to ten years and RM5,000 to RM20,000; the increase in the disqualification period from three years from the date of conviction to five years; the increase of punishments and disqualification periods for offences under ss.41 to 45A; and the introduction of the definition of "micromobility vehicle": https://www.rahmatlim.com/publication/articles/17034/mykh-senate-passes-road-transport-amendment-bill-2020
- Paul Tan, July 2022, "Police reminds of minimum five-year jail sentence, up to RM50,000 fine for dangerous driving causing death" — PDRM's public reminder that conviction for causing death due to reckless and dangerous driving results in a minimum five-year jail sentence and a RM50,000 fine, under s.41(1) as amended: https://paultan.org/2022/07/25/police-reminds-of-minimum-five-year-jail-sentence-up-to-rm50000-fine-for-dangerous-driving-causing-death/
- Paul Tan, September 2020, "Dewan Negara passes Road Transport (Amendment) Bill 2020" — the 15 amendments contained in the Bill; the s.41 increase; and the s.44 penalties for driving under the influence causing death of 10 to 15 years' jail, RM50,000 to RM100,000 fine and 10 years' disqualification for a first offence, rising to 15 to 20 years and a maximum fine of RM150,000 for a subsequent offence: https://paultan.org/2020/09/23/dewan-negara-passes-road-transport-amendment-bill-2020-heavier-penalties-for-reckless-drunk-driving/
- Daily Express, 22 October 2020, "Heavier penalties for traffic offences from tomorrow" — the s.41 and s.44 figures above; the new alcohol content limits of 22 microgrammes in 100 millilitres of breath, 50 milligrammes of alcohol in 100 ml of blood and 67 mg of alcohol in 100 ml of urine; and Transport Minister Wee Ka Siong's statement that the amendment took public views into account via a ministry survey of more than 345,000 respondents, with 94 per cent agreeing with heavier penalties for driving under the influence of alcohol and drugs: https://www.dailyexpress.com.my/news/160350/heavier-penalties-for-traffic-offences-from-tomorrow/
- Malay Mail, 27 July 2020 — the first reading of the Road Transport (Amendment) Bill 2020; the inclusion of mandatory imprisonment for offences related to driving under the influence and the reduction of the prescribed alcohol limit; specific punishments for basikal lajak (modified bicycles) offences; amendments to 13 sections including ss.2, 41, 42, 43, 44, 45, 45A, 45B, 45C, 45G, 54, 88 and 112; and the reported subsequent-conviction fine range of RM20,000 to RM100,000 under s.41, against the then-current RM5,000 to RM50,000: https://www.malaymail.com/news/malaysia/2020/07/27/transport-minister-tables-amendment-for-harsher-drink-driving-punishment-ba/1888539
- Paul Tan, July 2020, "Road Transport Act amendments detailed" — the infographic detail released by the Transport Minister on the amendments to ss.41 to 45, and the confirmation that the amended laws also involve stricter punishment for reckless, inconsiderate and careless driving behaviour: https://paultan.org/2020/07/29/road-transport-act-amendments-detailed-increased-fines-and-longer-jail-terms-not-just-for-drink-driving/