The issue of unlicensed drivers and motorcyclists on Malaysian roads is nothing new and has been a long outstanding trend that is truly posing an underlying multifaceted safety concern.
The deaths of three people caused by the traffic light incident in Senawang is a huge loss to the country. It also proved that the presence of unlicensed drivers on the road is a common thing.
The issue of unlicensed drivers or motorcyclists is nothing new if we look at the statistics of road crashes in the last decade as well as the number of traffic summonses issued by the Road Transport Department and police.
We need to break it into two segments of this type of traffic offender. FIRST segment is the underage unlicensed drivers/motorcyclists or in other words those below the minimum age of licensing requirement of 16 year old for motorcycle and 17 year old for motorcar.
For example, based on the statistics of the Traffic Investigation and Enforcement Division of Bukit Aman; a total of 87 deaths under the age range of 6 to 10 year old and 2,795 deaths for the age group of 11 to 15 year old were recorded from 2009 until 2021 due to motorcycle riding.
The SECOND segment is those above 17 year old and refuse to undertake driving/riding tests, including the adults and senior citizens who have been handling vehicles for many years, and this is so common among the elderly and working class adults nationwide, especially in small towns and rural areas. There were also similar cases in the commercial vehicle industry such as tour and express bus as well as lorry drivers.
If we probe further with the insurance industry, it is also clear that for some mysterious reason lately in the past 18 months, there have been a surge of crashes, fatalities and bodily injury claims involving unlicensed motorcyclists and drivers in Malaysia.
In addition, based on police records over the years, road crashes and fatalities involving unlicensed motorcyclists were more than other types of vehicle.
Why Is This Happening?
Other than irresponsible vehicle owners who allow unlicensed drivers/motorcyclists to take their vehicles for a spin, it is also mainly due to poor enforcement by the law enforcement agencies and feeble policy by the Transport Ministry.
In Malaysia, it is clear that one doesn’t need to have a driving/riding license to purchase a car or motorcycle.
In other words, an unlicensed person can ride or drive his or her own motorcar or motorcycle as long as he or she doesn’t get caught by law enforcement officers. Or worse, parents without driving licenses can buy a motorcycle or motorcar and give it to their underage children to drive or ride. This cycle has gone on for generations in the country.
How To Address This?
First of all, the country needs a political will, especially from the Transport Minister to deter this worrying trend. We need a policy that prevents those without driving licenses from buying a vehicle.
Secondly, vehicle owners must also be penalised. For example, parents who allow their underage kids to ride their car without a driving license should be charged under the Child Act.
A stiffer law should also be imposed against parents or vehicle owners. They must face jail time or a minimum of RM10,000 fines, notwithstanding whether they are charged under the Child Act or relevant road rules.
Thirdly, we seriously need a stiffer law. The Transport Ministry together with JPJ should amend the current law for a minimum of RM1,000 compound for those caught without a driving license.
Just like the offence of abusing the emergency lane and using a mobile phone while driving, the unlicensed drivers must appear before the judge.
A minimum of one week behind bars or RM10,000 fines would send a message that the government is serious about saving lives on the road. In any case of unlicensed driver, the motorcar or motorcycle must be impounded by the authorities until the date of court hearing.
There should be no more RM300 compound or discount campaigns by the police and JPJ.
The nation is in dire need of stiffer law against reckless driving and utmost important the Transport Ministry and JPJ rejuvenate the sleepy KEJARA demerit system, which has been ineffective in curbing reckless drivers and errant traffic offenders.
The Present Law
Under Section 26 of the Road Transport Act 1987 (RTA), any driver or rider found guilty of driving without a valid driving licence will be fined RM1,000 or one year in prison, or both.
Traffic offenders may also be fined under Section 90 of the RTA for driving without insurance coverage, in which case the offender will be fined RM2,000 or face three years in prison or both.
If convicted, the suspect can be fined not less than RM300 and not more than RM2,000 or imprisoned for over three months or both.
Summonses can also be issued under Section 39(1) of the RTA for driving without a license, and if convicted, a fine not more than RM2,000 and imprisonment not more than six months or both.
Summonses can also be issued to the vehicle owners, under Section 39(5) of the RTA for allowing an underage (under 16 year old) to drive the vehicle. But I doubt this has been enforced rigorously by the authorities in the last 20 years.
The rising cases involving unlicensed drivers and motorcyclists lately reflect frail enforcement, and it is clear that the existing laws are insufficient to curb this disturbing trend.
Many had received a mere RM300 compound and not even among the blacklist in the offenders database.
The KEJARA demerit system must be revitalised to strike fear into society. Vehicles driven by unlicensed persons involved in a crash or stopped by law enforcers on the roadside must be impounded until the verdict of a court hearing.
All cases of unlicensed drivers/motorcyclists must be brought to court. From this point forward, authorities should not offer leniency with compounds.
This is the author's personal view and does not necessarily represent the views or official position of RTM.
Shahrim Tamrin
Road safety and sustainable transport activist
Former MIROS board member from 2019 till 2022