Letter to Editor
THE issue of unlicenced 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 unlicenced drivers on the road is a common thing.
The issue of unlicenced 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 (JPJ) and police.
We need to break it into two segments of this type of traffic offender. The first segment is the underage unlicenced drivers/motorcyclists or in other words those below the minimum age of licensing requirement of 16 for motorcycle and 17 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-years-old and refuse to undertake driving/riding tests, including adults and senior citizens who have been handling vehicles for many years.\
This is 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 unlicenced motorcyclists and drivers in Malaysia.
In addition, based on police records over the years, road crashes and fatalities involving unlicenced motorcyclists were more than other types of vehicle.
Why is this happening?
Other than irresponsible vehicle owners who allow unlicenced 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 licence to purchase a car or motorcycle.
In other words, an unlicenced 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 licences 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 licences 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 licence 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 fine, 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 licence.
Just like the offence of abusing the emergency lane and using a mobile phone while driving, the unlicenced 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 unlicenced 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 KEJARA demerit system must be revitalised to strike fear into society. Vehicles driven by unlicenced 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 unlicenced drivers/motorcyclists must be brought to court. From this point forward, authorities should not offer leniency with compounds. – March 12, 2025
Shahrim Tamrin is a road safety and sustainable transport activist and also a former MIROS board member.
The views expressed are solely of the author and do not necessarily reflect those of Focus Malaysia.
Main image: Bernama
