More Traffic Woes

Q- I drive a Kancil but I want to buy a Hummer (the real one not the toy). Can I drive it using my existing class 3 licence? Md.Yuppie, Mentiri

A-Your class 3 driving licence will entitle you to drive all private motor vehicles no matter the weight. If however you want to ride a Harley or a Vespa, you will need a class 1 licence.

Q- I have a foreign driving licence. Can I drive in Brunei?Mas Supir, Bokok

A- All drivers must have a Brunei driving licence to drive here with the exceptions of temporary visitors. So if you intend to reside here because of employment or study, you may use your foreign licence as a basis to apply for a Brunei licence. You may or may not have to undergo a driving test. You can however use your existing foreign licence in the mean time unless you are driving a commercial vehicle.

So what is the deal with tinted glass on vehicles? The law requires that all glass and any transparent material fitted to a motor vehicle shall be maintained in such condition that it does not obscure the vision of the driver while the vehicle is being driven on a road. Under the law, a windscreen or window of a motor vehicle shall be deemed to be obscured if any curtain, blinds, stickers, any material or thing whatsoever whether similar or not are fixed to the windscreen or window whether or not such curtains, blinds, stickers, material or thing do in fact obscure the vision of the driver while the motor vehicle is being driven on a road. So take off those Awang Budiman stickers already.

The law also states that no tinted glass shall be used as part of or fitted to the windscreen or window of a motor vehicle except with the prior written permission of the Commissioner of Police or the Director of Land Transport. Now before you go running to apply for permission from the two chaps, it is worth noting that in 1981, permission was already given to all drivers to use or fix tinted glass (whether originally manufactured or retrofitted with plastic film or paint) provided that such tinted glass has a degree of light transmission of 70 % and above and supported by test report form the British or Japanese Institute of Standards. So there you go. Your car can look cool and be in compliance with the law.

Traffic Woes

Papa Law anwers your traffic law questions

Q. Can I drive on the beach? Baywatch Babe, Gadong

A.Except with the permission of the Commissioner of Police or the Director of Land transport, most beach areas in Brunei are off limits to motor vehicles, with the notable exception of Serasa beach as it is not really a beach but a spit (if I recall my O level Geography correctly - got an A you know!).

Q. I ride a Harley and I want to wear those cool German Army style helmets. Surely it is ok? Too Fast to Live, Too Young to Die, Labi

A. Ha, you think? The law requires a rider to use a helmet which conforms to the Singapore Standard Specification S.S. 9:1970 or the British Standard B.S 2001:1972. Anything else is illegal to use or sell. So check the helmets before you buy.

Q. I am still confused as to the law regarding seat belts and child seats. I have 7 childern. Explain. Big Momma, Rimba

A. Adults who sit in the driver's and front passenger's seats must wear seat belts. Children under the age of 6 or below 1.3 cannot sit in the front passenger seat. Children under 12 must wear seat belts or other appropriate restraining devices such as child seats or baby cots wherever they are seated. Might be difficult if you have 7 children in the car but hey, don't shoot the messenger. I'm only stating the law.

Q. Tinted car windows are just the thing. I also takut hitam. Can use or not? Fair Lady, Kupang

A. Good news for you but more next time...

An Accidental Driver

A lot of us drive everyday. But how many know the legal position if a driver is involved in an accident?
The law requires the driver involved in an accident whereby damage or injury is caused to any person, property, or animal to stop, and, if required so to do by any person having reasonable grounds for so requiring, give his name and address, and also the name and address of the owner and the identification marks of the vehicle.
If as a result of the accident, the driver has injured any other person on a road, whether by negligence or not, he must stop such vehicle and render such assistance to the injured person as he may be capable of rendering and as the injured person may need. An excuse that "blood will ruin my leather seat" is NOT acceptable.
The driver of the motor vehicle must also report the accident to a police station or to a police officer within 24 hours. Remember that a "runding luar" scenario will not absolve the driver from this obligation.
Can the vehicles involved be moved after the accident? If the accident causes loss of life or serous injury to persons or serious damage to property , then "no person shall, except with the authority of a police officer, move or otherwise interfere with any vehicle involved in the accident or any part of such vehicle or do any other act so as to destroy or alter any evidence of the accident". However the law allows for a vehicle or any part thereof may be moved so far as may be necessary to extricate persons or animals involved, prevent fire or prevent damage or obstruction to the public.
So there you go. If it is just a minor fender bender (langgar belakang), please move your car and don't block the road whilst waiting for the Police. We will still menyibok and stare but at least we can drive through eventually.

Blast from the Past-The Unkindest Cut

"Wife slashes off Husband's Genitals" was one of the headlines in yesterday's BB. A Filipino wife apparently severed her husband's private parts because she believed he was having exta marital affairs. The husband fortunately (or unfortunately, depending on whose point of view) survived. In the USA, the famous Bobbitt case with similar facts demonstrates clearly that hell hath no fury like a woman scorned.

11 years ago, we had our own local Bobbitt case involving a Filipino couple working here although with more tragic consequences. A quarrel with her boyfriend left the lady full of grief and anger as the boyfriend wanted to leave her. When the man went to sleep, the lady concerned still smoldering in anger took a piece of wood and began hitting the man on the head. She then in a feat of superhuman strength threw a television set on to the poor guy. Not satisfied with these assaults, she then took a knife and cut off the boyfriend's genitals. Ouch! She then threw the "anu" outside the house as she ran off. The man later died from his injuries. The lady is still serving mandatory life imprisonment in Jerudong Prison for manslaughter. Incidentally, she is the last person to be sentenced to such punishment for such offence. The sentence for manslaughter (or more correctly, culpable homicide not amounting to murder) is now maximum life in prison instead of mandatory life.

Applying for Adoption

A child to be adopted must be under 18 years of age. I recall a case where an applicant tried to "adopt" his adult friend to obtain social welfare benefits. That's a no-no!If the child is an abandoned child (anak laqid) whose parents are unknown, then he is deemed to be a Muslim. A non Muslim child adopted by Muslims is also to be regarded as a Muslim. The application to adopt is to be made to the Syariah High Court for Muslims and the civil High Court for non Muslims.
The applicant must be at least 25 years old and is at least 18 years older (21 years for non Muslims) than the child. This requirement may be waived if the child is related to the applicant, for example, a grandparent and grand child,or an uncle and a nephew or neice. A sole applicant will usually not be allowed to adopt a child of the opposite sex. Consent of the natural parents will be required before an adoption order is made though the consent may be waived if the parent has abandoned or ill treated the child or physically or mentally incapable of taking care of the child.
One last matter. No payment may be made in respect of the adoption without sanction of the court (remember it's an adoption not jual anak).

I Adopt Thee

The status of an adopted child differs according to his religion. It is worth noting that in Islam, adoption, although greatly encouraged, is no different than caring for a child. There is no change in the child's status. The child is not considered to be the natural child of his adoptive parents. He may not be named (dibinkan) as the child of the adoptive father and he has no rights of inheritance. In other words, an adoption order does not transfer the nasab of the child to the adopter and the adopted child remains the child of his natural parents. However an adopted child can only be returned to the natural parents with a court's permission. Also under the law, the name given to the child by the natural parents also could not be changed. Therefore in order for property to pass to an adopted child, there must be a gift (hibah) during the lifetime of the adoptive parents (known as an inter vivos gift) or through a will (though the value of the gift must not exceed one-third of the estate).
By contrast, an adopted child of a non Muslim couple is regarded as a child of the adopter born in lawful wedlock He will therefore treated as natural child of the couple with full legal rights including inheritance. The rights of the natural parents will be extinguished. The child and the adoptive parent of the opposite sex will also be deemed to be within the prohibited degrees of consanguinity i.e. they cannot get married even if the child was subsequently adopted by another.

Next-Applying for an adoption order