Stricter Enforcement Needed To Curb Underage Driving - Experts

Data from Bukit Aman's Traffic Investigation and Enforcement Division reveals that underage and unlicensed driving has been a persistent and alarming trend in Malaysia, causing significant safety concerns.

Between 2009 and 2021, motorbikes alone were responsible for the deaths of 2,795 children aged 11 to 15 and 87 children aged six to ten.
These figures highlight the grave consequences of allowing underage and unlicensed individuals to operate vehicles, particularly motorcycles, below the minimum age requirement of 16 for motorcycles and 17 for cars.
Experts claim that despite current policies, Malaysia's attempts to combat underage driving are still largely unsuccessful in halting the alarming and expanding trend of unlicensed drivers.
Universiti Teknologi Mara Faculty of Law senior lecturer Mazlifah Mansoor said underage driving is not merely a traffic offence but also reflects deeper gaps in legal enforcement, parental responsibility and policy implementation.
“Despite existing laws under the Road Transport Act (RTA) 1987 and the Child Act 2001, enforcement remains weak, penalties are insufficient and victims often lack legal recourse.

“The recent cases highlight the urgent need for reform, particularly in holding parents accountable for their children’s unlawful actions on the road,” she says in a The Sun report.

The Child Act of 2001 was designed to protect children from abuse and neglect. However, its application to underage driving cases is limited because allowing a child to drive is not typically considered intentional endangerment. This makes prosecution under this act difficult, according to Mazlifah.

The senior lecturer emphasized that Malaysia needs to strengthen the RTA 1987 by implementing parental responsibility laws similar to Section 199A of India. This would ensure parents are held accountable for underage driving unless they can prove they took reasonable measures to prevent it.

Weak enforcement has led to a dramatic increase in incidents involving unlicensed drivers and motorbike riders, according to road safety and sustainable transportation activist Shahrim Tamrim. He points out that many offenders are not blacklisted on the offenders' database and only receive an RM300 compound fine.

In addition to his previous point, he highlighted a significant loophole in Malaysian vehicle ownership regulations. He emphasized that in Malaysia, one does not need a valid driving licence to purchase a car or motorcycle.

“In other words, an unlicensed individual can drive or ride their own vehicle as long as they don’t get caught by law enforcement officers.

“Even worse, parents without valid licences can buy motorcycles or cars and give them to their underage children to ride or drive. This cycle has persisted for generations,” he added.
Shahrim also stressed the importance of reinstating the Kejara demerit system and prosecuting drivers who operate vehicles without a license in an effort to deter reckless driving.