Suhakam urges accountability for negligent parents of underage motorcyclists

IPOH: Negligent parents and guardians should be held accountable for failing to care for underage motorcyclists who are killed in road accidents, says a national human rights institute.

“The deaths of these children were not merely accidents or matters of fate; they could have been prevented if their parents and guardians had exercised proper vigilance,” said Human Rights Commission of Malaysia (Suhakam) Children’s Commissioner Dr Farah Nini Dusuki in a statement on Saturday (Aug 17).

Dr Farah Nini was commenting on the recent road accidents involving underage motorcyclists.

Last week, a 12-year-old boy, who rode a three-wheeled motorcycle, caused the death of a 16-month-old toddler in Bachok, Kelantan.

On Thursday (Aug 15), two 13-year-old boys lost their lives after colliding with each other while performing stunts in Elmina.

“According to statistics from the Bukit Aman traffic investigation and enforcement department, the number of road deaths and injuries among child motorcycle victims increased in 2023 compared to 2022, especially in the six to 10 age range, with cases rising from 97 to 111,” she added.

Dr Farah Nini said that under Section 31(1)(a) of the Child Act, parents or guardians who neglect their child or act negligently in a manner likely to cause the child physical injury or who permit the child to be neglected can, upon conviction, be liable to a fine not exceeding RM50,000, 20 years in jail, or both.

“Under Section 39(5) of the Road Transport Act, parents or guardians who cause or permit their child under 16 years old to drive a motor vehicle are guilty of an offence and, upon conviction, are liable to a maximum fine of RM2,000, up to six months in jail or both,” she said.

She also called on the Transport Ministry and Road Transport Department to expedite the drafting of a new law regarding the purchase of motorcycles by unlicensed riders.

“We urge that this draft law be expedited for tabling in the Dewan Rakyat.

“In 2019, the police proposed to the Transport Ministry and JPJ the implementation of a new motorcycle

license category, referred to as ‘B3’, which would restrict individuals aged 16 to 20 years to

operating only electric bikes and low-powered mopeds not exceeding 70cc,” she said.

“This proposal was considered, and in 2021, the Malaysian Institute of Road Safety Research (MIROS) endorsed a recommendation to study the idea.

“However, the status of this study remains unclear to date. We therefore call on MIROS to provide a clear update on this matter,” she added.