Over the years I have encountered many fare cheat cases and 1
road rage case. Of the fare cheat cases I only reported 3 cos above
$10. It seems the reaction from different police stations are
different and there’s no SOP. One time the officer
advised me this is more of a civil case and were not keen to even
record my case and asked me to go to LTA there’s a
counter can get refund? I didn’t check whether there’s such a
counter as seems unlikely. Others just record my case but all no
outcome. Seems no action/investigation whatsoever.
As for the road rage case I reported my case with the private
car to Tanglin Police station. I was fetching 1 tourist to AP on
PIE near Tampines. I kept safe distance from car in
front. The private car (Honda Fit) cut in without signalling and I
slowed down let him in. Later when there’s no traffic in front he
slowed down and road hog. After a while, I signal left and want to
filter out. He immediate filter left and block me. To avoid
collision I filtered to 3rd lane and then overtook him to remain on
PIE (3rd lane exit to TPE). The car than
tailgate me to AP. At AP I took a spot in full view of
camera. After Pax settled, 2 big guys came out and gestured
aggressively and shouting at me like hooligans. I locked the doors
and ignored them. Later one of them kicked my taxi at the front
above the tyre causing a big dent..
By special request, here's my observations:
a) This is not road rage. In fact there's no specific law as
road rage, it's a word coined by the press just like burglary.
The law as far as road rage (and all assault cases) cases
usually would be:
a) VCH Sec 323 Cap 224
b) VCGH Sec 325 Cap 224 or
c) VCH by Dangeorus means or with dangerous weapons ( I forget
the exact section)
b) and c) are seizable offences - means the police can arrest
without warrant, and these kind of cases almost certainly will be
pursued and the offender charged in court.
For a) VCH - this is not seizable and the victim will have to
seek medical treatment and then lodge a complaint at the Crime
Registry at the Sub Courts. The Magistrate then may direct the
police to investigate this case. Or if the case has some public
implications, the police themselves may decide to investigate the
case. Either way the decision to prosecute the offender in these
cases, lies with the DPP, not the police. If the DPP declines to
pursue, then the victim may take a civil suit against the
offender.
I shall not go into details as to what these may be, as there
are a lot of factors that go into this.
Once the cases goes to court, it lies entirely with the judge to
impose sentence if he finds the offender guilty.
For a) VCH - can range from a fine for non serious injury or a
short jail term, alternatively this case can be compounded (settled
out of court) if the offender pays the victim who agrees. The court
must also agree to this, or the court can deny this and instead
call the offender to stand trial.
b) and c) - longer jail term and almost certainly caning, for
VCGH and most VCH by dangerous waepons. Sentences can range from
weeks to months even years depending on injuries.
Serious injury here means broken bones, fractures, loss of
use of limbs, permanent disfiguration of face - a swollen nose or
eye that heals is not serious injury under the law. The offender
will be charged under Sec 323 and likely be jailed but no
caning.
The Courts have ruled that cases of assault resulting from
incidents on the road (hence the term road rage) will almost
certainly result in imprisonment unless there are compelling
mitigating circumstances. Furthermore Courts also have taken a very
dim view of assaults of public service drivers (inc TDs). Jail is
also the norm for these cases. Length of jail term depends entirely
on the charge and degree of injury. So that's why you see some
cases, sentences appear lighter then others.
For Kenluc's case, this is not a case of assault, and hence the
advice given by the policeman was correct. This was a dispute on
the road, albeit one which traffic offences may have been
committed. The police can only advice to lodge a report for civil
action for damages (to the vehicle) and traffic offences for the
others (also subjective here, because person reporting is not a
police officer, TP will call both up and see what transpires. if
both give conflicting views without independent evidence, then most
probably just a stern warning).
As serious as it may look to you, under the Law that's what it
is, definitely not road rage. If he hit you, then it may become
road rage. But also as is aid, it depends which category the
assault comes under. You may have to first lodge a report at the
Sub Courts. Only if the offender is found guilty of a charge of
assault resulting from an incident on the road, is that 'road rage'
which would result in higher penalties.
