Malaysia’s road safety laws are set for a significant overhaul after the Dewan Rakyat today approved the Road Transport (Amendment) Bill, which seeks to tighten enforcement and increase penalties for serious traffic offences.
Here are the key takeaways.
- Increased compounds
The new law would allow authorities to issue traffic summonses of up to RM500, a 66.7 percent increase from the current RM300 prescribed by the existing provisions under the Road Transport Act (RTA).
This increase will apply across 11 sections that cover most regular traffic offences, including exceeding the speed limit, neglecting traffic directions and signs, failing to display a registration number, and driving a motor vehicle without a valid licence.
However, it would only be in force starting Jan 1, 2029, with a two-year grace period that Transport Minister Anthony Loke said is aimed at increasing public awareness and allowing road users to adjust their driving behaviour.
The RM500 maximum compound would also not be applied across the board but would still depend on the type and seriousness of the offence and payment time period, among other factors.
- Racing and speed trial
An additional provision, Section 42A, will be inserted under the Act’s “reckless and dangerous driving” part, specifically to address illegal racing and speed trial offences.
This aims to improve enforcement against these activities, which were previously investigated and prosecuted under Section 42 for dangerous driving.
The additional clause provides a fine between RM2,000 and RM10,000 for any person found guilty of road racing. It also gives the court the power to punish a first-time offender with a maximum of two years’ imprisonment.
For a second and subsequent offence, the law provides for a higher fine of between RM5,000 and RM20,000, or imprisonment not exceeding five years, or both.
The same range of punishment also awaits offenders found guilty of taking part in a speed trial on a road.
A speed trial is where competitors race against the clock rather than directly against each other.
- Measures against ‘Tonto’ syndicates
Realising the increasing dangers posed by “middlepersons” hired by criminal syndicates to shadow law enforcement agencies and thwart their operations, the Transport Ministry (MOT) is inserting a new clause under RTA that criminalises such activities, otherwise known as “Tonto”.
The new Section 110B, inserted under the “obstruction and assault” provision, makes it an offence for anyone to tail a vehicle used by a police or road transport officer on duty; threaten, provoke, assault or utter abusive words against them; among others.
It also prohibits the dissemination of information on law enforcement actions.
However, the minister assured the provision would not be used to impinge on press freedom to report on law enforcement activities or members of the public who do not intend to assist criminal activities.
“Previously, we could take action against road offenders, but it was difficult to act against parties who helped offenders evade enforcement.
“This amendment aims to close that gap so that enforcement operations, particularly against offences such as overloading, non-compliant vehicles, and commercial vehicle violations, can be carried out more effectively,” Loke said.
Anyone convicted of violating Section 110B can be punished with a fine of between RM10,000 and RM50,000, imprisonment between one year and five years, or both.
The clause also makes being a criminal informant a seizable offence, giving police and road transport officers the power to detain and seize any vehicle or item for criminal proceedings.
- Electric motor vehicles
Electric motor vehicles can now be registered with the Road Transport Department (RTD) under an amendment to Section 10 of the RTA.
It requires an electric motor vehicle to have a serial number and chassis number, “which are clear, distinct, and untampered”.
On the other hand, micromobility vehicles are still banned from the road, a decision that MOT said is to ensure the safety of their drivers and other road users.
However, the use of Personal Mobility Aids (PMA) by persons with disabilities is still allowed in certain locations, such as pedestrian walkways, residential zones, and gated housing areas.
- Digital licence & road tax
Under an addition to Section 20, road users will no longer be required to display physical motor vehicle licence information, otherwise known as road tax, or carry a physical driving licence.
Instead, they now only have to show authorities the digital version of the licences.
While such a policy has been in place since 2023, following the introduction of RTD’s MyJPJ digital application, this amendment is expected to address the issue of road users being asked to produce a physical copy during roadblocks or inspections.
For those unable to access their digital licence when stopped by authorities, the transport minister said the burden lies with enforcement officers to establish whether a road user does not possess a valid licence.
Loke assured road users that RTD officers cannot issue summonses on the assumption that the road users do not hold a valid licence simply because they are unable to produce the required digital document.
“This is because every enforcement officer is now equipped with mobile enforcement devices such as the Smed (Smart Management Enforcement Device), allowing them to check the status of the licence and the status of the motor vehicle licence,” he told the Dewan Rakyat.
- Drink-driving
Despite MOT’s plan to require drivers under the influence of alcohol or drugs to compensate victims’ families, in addition to serving custodial sentences, such a proposal was not included in this round of amendments.
Its absence has caused many MPs to question the government’s commitment to addressing the issue of driving under the influence (DUI).
However, according to Loke, the bill already received the cabinet’s nod two years ago and adding a new clause would require it to go through the whole process again.
The compensation proposal would be tabled in a second amendment bill later this year, he added. - Mkini
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