Amendments to the Road Transport Act 1987 (Act 333) are set to be tabled in parliament next Monday, and they will be wide-ranging, containing reforms and changes in 11 scopes, covering 42 provisions. These were briefly outlined by the ministry of transport (MoT) at a special media briefing yesterday, with transport minister Anthony Loke saying that these changes were due.
“As all matters regarding road transport are under Act 333, it is a very important piece of legislation, and there are amendments that we make periodically. The last was in 2020, regarding increasing the punishment for drink-driving, but this time we have amendments that contain more changes and are more comprehensive,” he said.
He said the amendments have gone through a careful process, including discussions in the parliament select committee involving members from both the government and the opposition, demonstrating cross-party support. “The first amendment will be tabled in parliament next Monday (first reading) and is expected to be passed as early as Tuesday (second reading), demonstrating the government’s urgency and commitment,” he said..
While the primary aim of many of these changes are scoped at improving road safety through new legal provisions, allowing authorities to take more effective action against those who endanger other road users, some of the amendments are targeted at improving the service system and simplify people’s affairs by modernising services and enforcement through digitalisation. Loke said amendments were necessary on that front as the growing scope of digitalisation meant the law also had to evolve accordingly.
The amendments cover four broad categories, these being digitalisation of services and enforcement; an increase in fine and compound rates: the introduction of new provisions and the strengthening and harmonising of existing provisions. The 11 areas covered under the amendments are:
Digitalisation of JPJ services and enforcement
Although myJPJ is currently being used by 14 million people, many of the digital processes are not yet supported by a solid legal basis. As such, the amendment introduces provisions for the legal use of digital licenses (e-license) and motor vehicle licenses (e-LKM) in the myJPJ application, essentially providing recognition of digital documents as valid according to the law.
As for enforcement, automatic number plate recognition (ANPR) is set to play a key role in digitalising this – road transport department (JPJ) patrol vehicles will be equipped with cameras that can automatically identify number plates and check the existence of road tax/insurance and also uncover any stolen vehicles.
When implemented, JPJ patrol vehicles will be able to detect problematic vehicles without having to utilise traditional roadblocks. This will reduce direct interaction between enforcers and drivers, reducing the risk of integrity and corruption allegations.
Harmonisation of road tax rates and declaration of region for use
Currently, road tax (LKM) rates differ by region (Peninsular and Sabah, Sarawak and Labuan). Problems arise when vehicles are registered in a low-fee region (such as Labuan) but are used in Peninsular Malaysia. This amendment will require vehicle owners to declare the primary region of use when registering or renewing their road tax.
The road tax amount will then be calculated based on the declared location, closing the loophole in which cars that were registered in either duty-free states like Langkawi or Labuan, or in Sabah or Sarawak, get exacted a lower road tax when used in Peninsular Malaysia.
Increase in the minimum fine rate
The current maximum compound rate is RM300, which authorities consider to be insufficient as a deterrent, with many drivers more willing to pay a fine than comply with the law. Therefore, the government is looking to increase the maximum compound rate for certain offences, especially those that endanger safety. Offences that will be involved in the fine increase include driving without road tax (LKM), driving without a valid driving licence (CDL), driving above the speed limit or dangerously, and failure to adhere to traffic lights/road signs.
“However, the implementation of this increase will not be implemented immediately. It will be given a period of two years for public preparation and system adaptation. This gives room for public education and preparation by the authorities,” Loke explained.
The introduction of a new Section 42A to deal with illegal racing
As indicated previously, the government is looking to clamp down on the mat rempit menace with the introduction of tougher laws. This will be accomplished with a new Section 42A, which has specific rules against illegal racing and speeding. Previously, action could only be taken under the offence of dangerous driving, which required proof of an accident or actual danger.
This made it difficult for enforcement to act if there was no accident. With Section 42A, the act of racing or speeding itself is now considered an offence, even if there is no accident (for example, two or more vehicles speeding competitively on a public road).
Electronic accident reporting (e-Polis Reporting)
The amendment to Section 52 allows accident reporting to be done electronically, not just physically at the police station. This is a collaboration between the MoT, Bank Negara Malaysia (BNM), and the General Insurance Association of Malaysia (PIAM) to make it easier for accident victims to make insurance claims. Minor accidents involving single vehicles without injuries or third parties can be reported via e-Polis Reporting.
Identical to the PDRM e-Reporting pilot trial that was introduced last September, this reduces the burden on the police, saves time, and helps process insurance claims faster. It also addresses the problem where drivers have difficulty reporting accidents because they are far from their homes. However, accidents involving injuries, deaths or third parties will still require a physical report as usual.
Expanding the transport minister’s regulatory powers
The amendment clarifies and expands the regulatory power of the minister of transport over workshops, modifications, technical safety standards and EV/new-tech components. This will include the ability to regulate the registration and operation of workshops, factories and vehicle repair centres; setting technical standards for vehicle safety; regulating driver training/shifts and setting related fees.
The extended scope will also cover regulating new vehicle models, components, and safety technologies (for example, electrical systems on vehicles). This is important to address issues, for example illegal modifications that cause electric shocks on buses, because previously there was no clear authority to take action against workshops or manufacturers.
Enhanced cross-border movement control
The amendment tightens control of vehicles entering or leaving Malaysia, with the purpose being to encourage vehicle owners to settle summonses before travelling or crossing the border. Essentially, foreign vehicles may be prohibited from entering if they do not have a valid permit (including VEP) or have outstanding summonses, while Malaysian vehicles may be prevented from leaving the country if they have pending traffic summonses.
Vehicle towing and impounding
The amendment will provide local authorities (PBT) with clearer scope to remove vehicles that are obstructing traffic or violating parking regulations, and also detain these vehicles until removal and detention fees are paid, with the risk of removal being on the vehicle owner. The changes are aimed at addressing the problem of random parking causing congestion in urban areas.
Curbing “tonto” activities
The amendment introduces new provisions to make “tonto” activity – in which individuals or groups help lorry drivers evade enforcement by disrupting JPJ field operations – a criminal offence, with authorities being able to take action and mete out strict penalties in the form of fines and/or imprisonment.
Management of micromobility vehicles
With the use of electric scooters and other micromobility devices increasing, the amendment looks to introduce clearer definitions and rules regarding e-scooters/e-bikes, with the intention of providing a framework regarding their use. These include a minimum age to use, speed limits, where these devices can be ridden as well as the need for safety equipment (helmet, lighting, reflectors etc)
As there is presently no clear procedure for managing impounded or abandoned vehicles, the amendment will also introduce one, where micromobility vehicles used contrary to regulations may be impounded. The owner will be given a reasonable period to reclaim them. If not reclaimed, the vehicle can be legally destroyed with the permission of the court. This will help authorities manage and overcome storage and safety issues in public areas.
Addressing document forgery and vehicle cloning
The amendment increases the punishment under Section 19 for the offence of submitting false documents or false vehicle records, with higher fines and prison terms for those convicted of for these offences. It aims to tackle vehicle cloning syndicates and address the issue of document forgery and stolen vehicles, crimes that were previously not punished commensurate with the risk.
