PETALING JAYA: Despite existing measures, Malaysia’s efforts to address underage driving remain significantly ineffective in curbing the growing and concerning trend of unlicensed drivers, said experts.
Without stronger laws and enforcement, parents will continue to avoid accountability, victims will remain vulnerable and road safety will be further compromised.
This comes after the tragic incident on March 6, in which an 18-year-old unlicensed driver allegedly ran a red light and collided with two motorcycles, resulting in the deaths of three teenagers.
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 said.
Mazlifah explained that although the Child Act 2001 was designed to protect children from neglect and abandonment, its application in underage driving cases remains limited.
“Section 31(1)(a) penalises parents or guardians who neglect, abandon or expose a child to danger, leading to physical or emotional harm. Courts typically apply this to cases of severe neglect, such as leaving a child alone for extended periods without care.
“However, allowing a child to drive is not always seen as deliberate endangerment, making prosecution under this section challenging.
“Section 33(1) criminalises leaving a child without reasonable supervision in a way that endangers them. Courts rarely interpret it as covering underage driving unless it results in immediate harm,” she said.
Mazlifah pointed out that a major challenge in enforcing parental liability is proving parents were aware their child was driving, which is difficult without clear evidence.
“Malaysia must strengthen the RTA 1987 by introducing tougher legal penalties, increasing fines and imprisonment under Section 39(5) for parents or individuals who allow unlicensed minors to drive,” she said.
Mazlifah suggested that the government implement parental responsibility measures similar to India’s Section 199A, holding parents accountable unless they prove they took reasonable steps to prevent underage driving.
“Strengthening the RTA 1987 by enhancing penalties, establishing parental liability, ensuring community involvement and introducing victim compensation is a necessary step towards deterrence and accountability,” she said.
Meanwhile, road safety and sustainable transport activist, and former board member of the Malaysian Institute of Road Safety Research Shahrim Tamrin also acknowledged the alarming rise in cases involving unlicensed drivers and motorcyclists.
He attributed this trend to weak enforcement and stressed that existing laws are inadequate to effectively address the issue.
Shahrim pointed out that many offenders receive only a RM300 compound fine and are not even blacklisted in the offenders’ database.
“If we probe further into the insurance industry, it is evident that for some reason, there has been a surge in crashes, fatalities and bodily injury claims involving unlicensed motorcyclists and drivers over the past 18 months,” he said.
He noted 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 stressed that cases involving unlicensed drivers must be brought to court and authorities should not show leniency by issuing compounds.
He also emphasised the need to revive the Kejara demerit system to instil fear among motorists.
“The country urgently needs stricter laws against reckless driving. It is crucial for authorities to bring back the Kejara demerit system to curb reckless drivers and repeat traffic offenders.”
