Decree-Law No. 5 of 2025 amended Kuwait’s Traffic Law No. 67 of 1976. It was published in the Official Gazette on 22 January 2025 and took effect three months later, on 22 April 2025. Its centrepiece is Article 33 bis, which lists eight serious offences and sets a single settlement amount, with court referral on repetition. In this article, Attorney Meshari Obeid Alenezi explains the changes and a driver’s rights.
Key facts
- Instrument: Decree-Law No. 5 of 2025 amending Decree-Law No. 67 of 1976 on traffic.
- Published: 22 January 2025 in Kuwait Al-Youm, issue 1722, supplement 2.
- In force: three months after publication, from 22 April 2025.
- Objective: to curb dangerous driving behaviour and reduce serious accidents.
The eight offences under Article 33 bis
- One: crossing a red traffic signal.
- Two: driving recklessly or negligently so as to endanger life or property.
- Three: exceeding the prescribed speed limit.
- Four: racing vehicles or organised gatherings for reckless driving without a permit.
- Five: driving motorcycles and buggies outside the areas designated for them.
- Six: driving against the direction of traffic.
- Seven: using a vehicle to carry passengers without a permit.
- Eight: driving an unregistered vehicle, without plates, or with counterfeit or altered plates.
Settlement and repeat offences
| Situation | Consequence |
|---|---|
| First offence within Article 33 bis | Settlement of KD 150 |
| Repetition of the same offence | Referral to court |
| Court penalty on repetition | Imprisonment exceeding one year but not exceeding three years, or a fine of not less than KD 600 and not more than KD 1,000, or either penalty |
The significance is the shift in track: a repeat offence moves from a simple administrative settlement to a criminal matter carrying possible imprisonment.
Alternative penalties
- What they are: measures a court may impose instead of a custodial sentence in appropriate cases.
- Forms: community service, and mandatory traffic awareness and rehabilitation programmes.
- Rationale: many traffic offences arise from behaviour rather than criminal intent, so rehabilitation may serve better than imprisonment.
- Discretion: applying an alternative is a matter for the court, not a right of the accused, and it must be raised and supported by the defence.
- Consequence of breach: failing to comply with the alternative returns the offender to the original penalty.
If a serious violation is recorded against you
- Read the characterisation: whether the conduct falls within the eight categories determines the whole track.
- Check your record: if this is a repetition, the answer is a defence, not a payment.
- Examine the evidence: radar or camera images and the seizure report may be open to challenge.
- Watch the deadlines: objection periods are short and expire.
- Do not pay hastily on a repeat offence: payment may be read as an admission in a case that was defensible.
The civil side: compensation after an accident
- Separate tracks: the traffic offence is one matter, and the civil claim for damage is another.
- The report governs: the accident report and traffic report determine the apportionment of fault.
- Insurance: compulsory motor insurance covers third party damage within its limits; comprehensive cover responds to the insured’s own vehicle.
- Serious fault: conduct such as driving under the influence may affect cover and open a right of recourse against the insured.
- Fatal accidents: the full diya was raised to KD 20,000 by Decree-Law No. 8 of 2025 amending Article 251 of the Civil Code, distributed among the heirs.
Frequently asked questions
I was fined for crossing a red light. Should I pay the settlement?
If it is a first offence, the settlement of KD 150 is generally the practical course. If it is a repetition of the same offence, referral to court is possible with a penalty that may reach imprisonment, and in that situation what is required is a defence rather than a payment.
My son is a minor and drove the car. Who is liable?
Criminal liability is personal, but civil liability of the person responsible for supervision remains, and the owner may be answerable for allowing an unlicensed person to drive. Documenting the circumstances is what establishes the extent of each party’s responsibility.
Can I challenge a camera-recorded violation?
Yes. You may dispute the validity of the recording, or that the violation is attributable to the vehicle or to you as its driver at the time. Requesting a copy of the evidence is the first step, and any challenge needs a factual basis rather than a bare denial.
What is the difference between settlement and a judgment?
A settlement ends the violation administratively by paying a set amount without a trial. A judgment issues after referral to court and may carry imprisonment and a higher fine. What moves a case from the first to the second is, principally, repetition of the offence.
If you face a serious traffic charge or an accident claim, you may book an appointment with the office of Attorney Meshari Obeid Alenezi or call 22204490.
Disclaimer: this article provides general legal information and is not a substitute for specialised legal advice.
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