‘Parents should be held accountable'
PETALING JAYA: Despite alarming numbers of children riding motorcycles and thousands of underage deaths recorded over the years, warnings alone have proven ineffective – largely due to poor parental oversight and lax enforcement, says the Human Rights Commission of Malaysia (Suhakam).
Suhakam Children's Commissioner Dr Farah Nini Dusuki said enforcement efforts are often futile without stronger laws to hold parents accountable and address socio-economic factors driving the trend in rural areas.
The findings was based on the government-run Diversion pilot project between 2019-2022 in Port Dickson, Seremban and Sepang, she said.
'I did the implementation study and later the evaluation study. The police from the traffic division and Crime Prevention and Community Safety Department (JPJKK) both attest to parents' attitude towards child safety were lax,' she said.
The issue resurfaced following a tragic accident in Johor on Friday, where a 14-year-old motorcyclist caused a friend's death after being flung under a lorry.
Farah Nini said the situation around the issue is difficult, especially in many situations when riding a motorcycle to school is a necessity in areas where public transport is not available and transportation is expensive.
In Shah Alam alone, it costs a child RM20 for a short trip, she said adding that passing laws is easy but enforcing them is another story.
In Malaysia, the minimum age to obtain a motorcycle licence is 16 years old. This applies to classes A, B2, B, and C licenses. For class A1, D, and DA car licences, the minimum age is 17.
Previously Farah Nini said that in a span of 13 years, about 2,900 underage persons have died while riding motorcycles.
With such high numbers, there have been calls to amend the laws to require more accountability from both the children and parents for flouting the law.
Suhakam Commissioner Ragunath Kesavan pointed out there is insufficient enforcement of Section 26 (1) RTA 1987, especially among unlicensed drivers or motorcyclists, as well as basikal lajak and Mat Rempits.
On whether existing laws should be amended to make parents more accountable for allowing minors to ride vehicles, he said the punishment can be made more severe to allow accountability.
'There was a lack of education about the issue, which is the cause behind the rampant disobedience of the law.
'There should be strict enforcement of the existing laws, but at the same time it is very difficult to enforce,' said the former Bar Council chairman.
Asked whether parents should be held for negligence under the Child Act 2001 for allowing their children to ride on motorcycles, Ragunath said there were sufficient laws in place to address the matter.
Meanwhile, Malaysian Council For Child Welfare chairman Datuk Dr Raj Abdul Karim said it was high time that parents be held accountable for negligence under the Child Act 2001 if they fail to safeguard their children who ride motorcycles illegally.
She said the onus is on parents as they hold the main responsibility in caring and informing their underaged children about the dangers of riding.
'Parents should take precautionary measures and be vigilant by ensuring the keys are not accessible to their children or allowing them to ride the bikes to nearby destinations.
'There is a reason children are not allowed to ride motorcycles because their reflexes have not fully developed, as such they cannot react in time,' she told The Star.
Dr Raj also called on schools to take more responsibility by checking students who come in on motorcycles and teach them about road safety.
She said that schools can adopt a buddy system, pairing up troubled students with a big brother to guide them to the right path.
She also recommended that children who break the law be sentenced to community service as a means of punishment and to learn from their mistakes.
In late 2023, Transport Minister Anthony Loke said that his ministry will conduct a review on fines against underage drivers, as stipulated under the Road Transport Act 1987.
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