The Legislative Yuan on Friday passed an amendment to the Criminal Code that would impose a prison sentence of up to three years and a fine of up to NT$300,000 for drivers who test positive for narcotics, anesthetics or similar substances. The amendment to Article 185-3 of the act shows that the government is determined to address the problem of driving under the influence, and would enforce the law with little tolerance for exceptions.
However, the amendment is inadequate. In 1999, Taiwan emulated the German Penal Code, the Strafgesetzbuch, adding Article 185-3 to penalize drunk driving and Article 185-4 to penalize drivers who flee the scene of an accident. Several related amendments followed, and the number of drunk driving cases decreased significantly.
Nevertheless, the average number of people killed annually due to traffic accidents still exceeds 3,000. Every day, an average of 8.24 people die from traffic accidents. This is a shocking truth that the government needs to deal with.
Motor vehicles, including scooters and cars, are highly destructive and capable of causing death. Every year, traffic accidents lead to property loss, serious injuries and fatalities. Legally speaking, contraventions of traffic rules that endanger the public should be considered crimes, so that the law can function as a strong deterrent.
In Germany and Japan, drivers who commit serious traffic contraventions face criminal charges. Article 38 of Japan’s Road Traffic Act states that when approaching a pedestrian or bicycle crossing, unless it is clear that no pedestrian or cyclist is ahead of the vehicle, a driver must slow to a speed that would allow their vehicle to stop immediately before the crossing. Those who contravene the rules, whether intentionally or through negligence, face up to three months imprisonment or a fine of up to ￥50,000 (US$341.80).
Section 315c of the German Penal Code, “Endangering road traffic,” states that the following contraventions are in “gross violation” of the regulations: not observing the right of way; improperly overtaking or driving improperly while overtaking; driving improperly near pedestrian crossings; driving too fast in places with poor visibility, at road crossings, junctions or railway crossings; failure to stay on the right-hand side of the road in areas with poor visibility; turning, driving backward or contrary to the direction of traffic, or attempting to do so on a motorway or main road; or failure to make a vehicle that has stopped or broken down recognizable at a sufficient distance to ensure traffic safety.
The German rules add that anyone who commits these contraventions and endangers another person or property of significant value belonging to another, faces imprisonment of no more than five years or a fine.
Accidents as a result of driving under the influence of alcoholic drinks or narcotics are entirely avoidable. Dealing with natural disasters is one thing, but we should avoid causing harm through human-caused disasters.
Traffic rules have everything to do with personal safety, and the public expects the law to effectively prevent traffic accidents. In Germany and Japan, traffic rules are more seriously enforced and drivers are more aware of the importance of obeying the laws. People operating vehicles under the influence of alcohol or drugs, as well as those who contravene traffic rules, are subject to penalties. Both the German and Japanese criminal codes are meticulously and comprehensively written. It is worthwhile for Taiwan to follow suit.
Hopefully, the amendment convinces people to stop using narcotics, a behavior harmful not only to themselves, but also to others. Law enforcement agencies should also educate people about the importance of following regulations, rather than merely saying online that the police conduct random breath alcohol tests or inspections at checkpoints. Driving under the influence of drugs or other substances can lead to regrettable deaths; doing so should be prevented for the sake of all of society.
Chao Hsuey-wen is an assistant professor and holds a doctorate in law from Fu Jen Catholic University.
Translated by Emma Liu
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