Monday 6 May 2024

Brunei: Discipline - Road Traffic


DISCIPLINE - ROAD TRAFFIC


1. Driving Whilst Under The Influence Of Alcohol Or Drugs. It is an offence to drive or be in charge of a motor vehicle whilst under the influence of alcohol or drugs. Motor vehicles are defined as any mechanically propelled vehicle, including motorcycles. All drivers should be aware that they may still be over the legal limit the morning after.

a. Penalties under Brunei Law

(i) First Offence: Fine B$ 10,000 and/or 24 months imprisonment

(ii) Second Offence: Fine B$ 20,000 and/or 48 months imprisonment

b. Driving within barracks. As per BFB Standing Order 1007, Officers,
NCOs and duty personnel who have reasonable grounds to suspect that a
vehicle is being driven within barracks by a person under the influence of
alcohol are authorised to stop the vehicle. If they have reasonable grounds
to believe that the driver is a person subject to service law or a civilian
subject to service discipline and is under the influence of alcohol (e.g. smell
of alcohol, slurred speech, unsteadiness etc) they are to order them to drive no further, including the distance from the place the vehicle has stopped to the barrier, if deemed necessary. The driver is to comply with such an order. Failure to do so, and any attempt by a person subject to service law or a civilian subject to service discipline to drive whilst unfit through drink or drugs, is an offence and may lead to an arrest (as permitted by sections 67 and 69 of the Armed Forces Act 2006).

2. Seat Belts And Child Car Seats. The wearing of vehicle seat belts where fitted by all vehicle drivers and all vehicle passengers is a legal requirement, without exception. This includes the correct fitting and sizing of child seats. The Royal Brunei Police Force conduct regular checks and anyone found not wearing a seat belt or with children not correctly restrained will face an on the spot fine and or prosecution. The maximum penalty for failure to comply is a fine up to B$ 2000.00.

3. Driving Licences. BFB personnel with a full UK driving Licence are
permitted to drive in Brunei; BFB personnel with any other nationality driving licence are to apply for a Brunei Driving Licence from the Land Transport within 90 days of arrival.

4. Vehicle Insurance and Registration. All drivers of private vehicles are
reminded of the requirement to obtain adequate insurance for their vehicles. Contrary to popular mistaken belief, if you purchase a vehicle it must be re-registered in your name with the Land Transport Office within 14 days and the sellers insurance is not valid for you until either the policy has been changed with the insurance provider over to your name or you obtain your own insurance policy. Additional drivers of the vehicle must also be named on the insurance policy for that vehicle.

5. Hire Vehicles. Any reputable hire car agency within Negara Brunei
Darussalam may be utilised in order to rent or hire a vehicle. These agencies must have ‘MTLA’ or ‘KSPS’ displayed on the vehicle registration card (blue book), this signifies that they are registered with Motor Transport Licensing Authority. Insurance documents from these agencies will be annotated as ‘Any person with the vehicle owner’s permission is permitted to drive’, or words to that effect. This statement is explained below:

a. The ‘Vehicle Owner’ is the hire agency.

b. The ‘Vehicle Owner’s permission’ is restricted to those named on the
hire agreement. Should a member of BFB and his/her spouse wish to drive
the vehicle, they must both register their driving licenses with the hire
agency. Any individual driving the vehicle other than those named on the hire agreement invalidate the insurance. Any damage or loss caused by
unauthorised use will result in liability being transferred to the hirer.

c. A registered Hire Vehicle will have a 12 month permit stamp by the
Brunei Land Transport Department on the vehicle registration card (Blue
book). 

d. A registered Hire Vehicle insurance cover note will be registered under the hire agency’s name and not that of a private individual.

6. It is illegal under Bruneian Law to hire vehicles from private individuals and you should be aware that the insurance will be invalidated, for which you can receive a fine up to B$ 2,000.00. You should also be aware that if you are involved in an accident you may be liable for the cost of all repairs. Furthermore, you will have no legal rights to that vehicle and there have been many recent incidents where the vehicles have been reprocessed by the finance companies/banks as the repayments have not been maintained by the legally registered owners.

7. Hiring or rental of a vehicle from an unrecognised agency or private individual is prohibited and contrary to this SO; those approached to hire a vehicle from private individuals or unrecognised agencies are to seek advice from the RMP Det prior to taking possession of the vehicle. Failure to ensure the legality of a private hire agreement may result in one or more of the following occurrences:

a. Civil prosecution by the Bruneian authorities.

b. Disciplinary and/or administrative action by the Chain of Command.

c. Loss of the vehicle.

d. The hirer being responsible for any outstanding finance.

e. No insurance cover.

8. MOD Forms 90 are to be treated securely and are NOT to be used for surety.