Some things you should know about Malaysia’s proposed new traffic law, including minimum RM500 speeding fine

 

The Malaysian government is proposing legal amendments that would raise the minimum fine for driving without a licence and speeding from RM300 to RM500, while also introducing a specific offence for street racing. — Picture by Raymond Manuel

KUALA LUMPUR, June 24 — The Malaysian government is proposing new changes to the law that will increase the minimum fine from RM300 to RM500 for driving without a driving licence and speeding, and also to introduce the new specific crime of road racing.

Transport Minister Anthony Loke yesterday said the higher financial penalties are not aimed at burdening the public or increasing the government revenue, but to increase compliance with road safety laws.

Here is Malay Mail’s quick summary of what you should know about the proposed changes to the Road Transport Act, based on the Bill to amend it and Loke’s explanations yesterday in Parliament:

New: Racing OR speed trial on the road (even if no accidents happen)

Illegal racers in Malaysia are currently charged with “dangerous driving”, but the government wants to create new specific offences to send a clear message that public roads are not for racing.

This will be a seizable offence, so the police, road transport officers or traffic wardens can arrest you without a warrant if you are a suspect.

The penalty proposed for first-time racing convictions will be a maximum RM10,000 fine or maximum two years’ jail or both; while convictions for the second or more offences will result in a maximum RM20,000 fine or maximum five years’ jail or both.

Even racing with micromobility vehicles (such as e-scooters) will also be a crime, but with a maximum penalty of RM1,000.

This will enable authorities to take action without waiting for tragedies to happen, and even when an illegal racing activity does not cause injuries, deaths or accidents.

Increasing minimum fine to RM500 for specific offences

To improve compliance, the government is proposing a higher minimum fine of RM500 for offences such as: driving without a driving licence, or employing or allowing someone who has no driving licence to drive; or driving beyond the speed limit (speeding).

More jail time, higher fine possible for driving with a suspended driving licence

For the offence of driving even though you are disqualified or temporarily suspended from driving, the penalty will be increased (maximum jail time of three years instead of one year; maximum fine of RM10,000 instead of RM5,000).

This covers situations such as when the court has ordered a person to be permanently or temporarily disallowed from having or getting a driver’s licence because of a serious traffic offence, but this person disobeys the court’s order and still drives.

Higher penalties for general traffic offences (anything without a specific penalty)

Maximum compound to be RM500, not RM300 

Road traffic offenders in Malaysia can skip going to court (where they can be fined or jailed) for compoundable offences, if they pay the compound amount offered by enforcement officers (currently a maximum RM300).

The government proposes to increase the maximum compound amount to RM500, but plans to only start enforcing it from January 1, 2029 to provide a transition period for road users.

Note: The compound amount offered to you is not automatically RM500, but will be on a case-by-case basis, depending on factors such as the type and severity of offence.

File photo of JPJ officers inspecting vehicles in Ipoh. Illegal racers in Malaysia are currently charged with ‘reckless and dangerous driving’, but the government wants to create new specific offences to send a clear message that public roads are not for racing. — Picture by Farhan Najib

Didn’t pay the ‘saman’? Your vehicle cannot enter or leave Malaysia (Section 66H and 66J, Section 119C) 

Under these amendments, foreign and locally-registered motor vehicles can be stopped from entering or exiting Malaysia if there are any unpaid traffic summonses or unresolved breaches of transport laws.

Plugging the loophole of ‘I don’t know who was driving’ excuse when camera recorded the offence 

Currently, if you were not driving your car when it was caught on camera breaking traffic laws such as speeding or ignoring the red light, you will not be guilty if you did not and could not have known the driver’s name and address.

Under the proposed new law, if you are the one who allowed someone to use a vehicle, you can no longer escape responsibility by simply claiming you do not know the driver’s name or identity, without taking reasonable steps to identify the driver.

For example, if a transportation company allows a driver to use the company’s vehicle, and the authorities’ camera captured it as being overloaded.

Changing Section 52 to make this a possible option in future: Making police reports online for road accidents 

Currently, if two vehicles or more get into a road accident, each driver has to make a police report at the nearest police station within 24 hours.

But Loke acknowledged that this could cause difficulties such as minor accidents without serious injuries or when the police station is located far away, noting that the government is proposing to change the law to pave the way for the online lodging of police reports.

“For example, in the future, reporting of minor accidents may be able to be done through specified online platforms or apps without the need to physically go to the police station. This will make it easier for the public, save time and reduce congestion at police stations,” he said, adding that the public could still physically lodge reports even after the law enables such possible future online options.

Changing Section 72 to clarify law on removing vehicles that breach parking rules, block traffic

For example, if a vehicle is parked at an emergency lane, bus lane, building entrance or blocking traffic, the authorities will be able to move the vehicle to another place and keep it until the owner pays the relevant fee.

Harsher penalties against criminals who try to disguise stolen cars 

Those who try to give false statements or forge documents or tamper with vehicles will face stricter penalties.

This can be used against criminals who try to give a stolen car a new identity with fake documents in order to sell it off.

‘Tonto’, beware of proposed new Section 110B

A “tonto” is a person who helps others including those driving overloaded lorries or non-compliant vehicles avoid enforcement action, such as by leaking the Road Transport Department’s enforcement operations.

Under the proposed new law, a “tonto” who obstructs, assaults, threatens, harms enforcement officers or tails their vehicles or spreads information on enforcement officers’ activities will face these penalties: RM10,000 to RM50,000 fine, or jail time (minimum one year, maximum five years) or both.

A “tonto” suspected of committing or who committed such activities can be arrested without warrant, and their vehicles can be seized.

Other road safety issues being studied separately 

Loke said the Road Transport Act will be amended in stages, so this set of proposed amendments are those that the government has already finalised.

He said other issues are being fine-tuned before being proposed to the Cabinet, including matters such as driving under the influence of alcohol or drugs, compensation to accident victims or their families, strengthening the demerit points system and revising penalties for certain offences. - malaymail