The Most Serious Traffic Offence In Malaysia

As a motorist in Malaysia should ideally be well versed with the Road Transport Ordinance (R.T.O.) 1987.

Today’s article will therefore elaborate on this important ordinance and the various punishments which motorists have to face should they infringe this Act.

Many drivers, especially young people just cannot wait to get their hands on a driving license the very moment they reach the age of 17. To them, to be able to drive is their ultimate dream, their goal in life, so it seems. Drivers think being able to drive a vehicle, especially a car is something nice. It takes you places you would like to go.

In today’s article, I will relate to you and make you realize that according to the R.T.O. 1987, committing certain offenses under this act can bring about punishment under the courts of law. As I reiterated much earlier, driving is not a bed of roses as you might contemplate it to be. Read on and you will surely understand what I’m trying to say.

Very recently, I had the chance to meet a couple whose son underwent driving lessons under me a few years ago. The son in question must now be at least 20 or 21 yours of age. Upon inquiring about the couple’s son, the parents appeared to look slightly worried and troubled about something. Upon further investigation, I was told by the mother that the son I tutored driving in some years ago, in fact met a traffic accident just recently.

Well readers might inquire, after all meeting with an accident might seem to be just normal thing which many drivers face. In fact, I have met numerous road accidents in my lifetime. In reality, I have been summoned quite a few times already and fined a few times too.

What’s so special about meeting an accident after all?

The accident in question was rather unique one. The story has it, my friend’s son met with an accident recently. In the accident, it was reported he was knocked into on the side of his vehicle. And the curious thing about the incident was the driver who crashed into him, died in the accident.

According to sources, my friend’s son was charged under Section 41 (1) of the Road Transport Act 1987. In case readers are unaware, amongst the many traffic offenses found in the R.T.O., Section 41 represents the most serious of all traffic offenses.

Permit me to provide you a full quotation of this section of the law. Section 41 reiterates that a driver has been “driving carelessly and in a dangerous manner and causing death”. Section 41 in fact is a court case. Under this section of the R.T.O, it spells out a punishment of:

i) A mandatory 2 – 10 years jail sentence.

ii) A fine of RM500 to RM2000.

iii) A person’s driving license is to be suspended from the date of the court case until the court decides upon the prison sentence.

A young man of hardly 21years of age, one who is in his prime of life, who has just not even yet completed his tertiary education, suddenly faced with such a major problem. This incident would go on to provide this young man much tension and worries. At least until the court case is over.

Who would ever anticipate that a simple driving license which is supposed to provide much driving pleasure to us will go on to create so much agony and worry to someone so young and inexperienced.

From my experience and assumption, the family of the deceased involved in this tragic accident, has engaged solicitors to make a claim for whatever insurance the decease has. To be successful in his bid to make a claim from his insurance company, the other party involved in this accident need to be found guilty for the accident involved.

What worries the parents of this young driver is that it is eminent and quite possible that their son might face a prison sentence for causing death in a road accident.

To all young drivers who possess driving licenses, beware! To them, what I would like to advise is, please drive carefully. Do not drive carelessly as you might face the same predicament as what has transpired to my friend’s son.

A driving license can sometimes turn out to be a source of miseries and worries besides bringing you much joy and pleasure. It is like a double-edge sword. All drivers, especially the young ones should be made to realize, a license to drive, if used incorrectly can kill someone. And in the process, it can also lead you to a mandatory jail sentence as well.

By | 2012-09-21T22:14:11+08:00 September 24th, 2010|Driving In Malaysia|11 Comments

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  1. Rekha Maryanne September 27, 2010 at 10:14 am - Reply

    dear cikgu yap,
    please help. im having problem starting from a complete stop. the car always stalls. my braking is also hard although i push the clutch and brake. how do i do a gentle braking. shifting from neutral to 1st gear causes a grinding sound although i completely press the clutch and shift the gear. not sure what im doing wrong sir. please help advice. im afaraid im going to end up spoiling the car.
    thank you.

    • Cikgu Yap October 2, 2010 at 9:50 pm - Reply

      1st of all, cars today are made durable. As such, don’t be unduly worried. Cars are not meant to get spoilt so easily. You are advised to always step your clutch down fully before applying your brakes. Brakes of most modern day cars are rather sensitive. They therefore must be applied gently at first, increasing the pressure gradually as you stop.

      Regard the grinding sound, you may have fully stepped on the clutch but I think your instructor has failed to advised you that you should step on the clutch using in step or toes to give you maximum reach. All in all, it’s sad but obviously your instructor appear not to have done his duty well.

  2. Alam September 27, 2010 at 9:38 pm - Reply

    Excellent article for all the drivers out there to learn from. I am an expact driving here for about 2 months now and disappointly to share with all your readers I encounter almost daily rash and fast driving which clearly is not following the speed limits and driving ethics, and on top of all this no monitoring is being done for the public safety.

    • Cikgu Yap October 2, 2010 at 9:47 pm - Reply

      Permit me to remind you and all other readers to drive carefully at all times. No matter how busy and in a hurry, follow rules and regulations. Remember, regretting later is of no use.

  3. fir October 3, 2010 at 11:11 pm - Reply

    hey there are there any other resources i can use for reference besides the handout they gave us upon enrollment? cos the english handout is a joke compared to the malay one. some of the answers don’t even make sense.

    have to sit for my rules & regulations test soon and im pretty worried.

    • Cikgu Yap October 5, 2010 at 10:10 pm - Reply

      There aren’t much reference resources in English unfortunately. You can download the KPP english version from somewhere in this blog.

  4. Farid Jaafar November 29, 2011 at 4:06 pm - Reply

    Thanks Cikgu Yap. Nice article and good to know.

  5. Chong July 8, 2016 at 6:36 pm - Reply

    Hi cikgu,

    Just a month ago, my boyfriend was killed in a car crash at the passenger side. The ‘friend’ driving him was drunk, speeding and texting. Will he be charged for reckless driving especially when death is involved? He fled the scene and left my boyfriend’s body there alone until another friend arrived to take care of the remaining situation. I just want to know if its possible to take legal actions on him?

  6. Anonymous May 22, 2018 at 9:40 pm - Reply

    I’m just curious and asking.. did your friend’s son receive imprisonment ?

    • Cikgu Yap June 4, 2018 at 9:10 am - Reply

      Unfortunately, he did.

      • Tkw August 31, 2018 at 2:09 am - Reply

        Hi cikgu yap, i just got roadblocked by the jpj today and got a saman of not paying road tax, not paying insurans and the one that im worried the most: not placing the 2 p stickers front and back, i got this saman at 30/8/2018 and my license end at 02/04/2019. The car is not mine as i borrowed it from my uncle, so the roadtax and insurans have to be paid for the saman asap but what about my p stickers fine? Should i pay for the saman relating to the p ticket that is due to 2/12/18 or cn i wait till my license end (which i dont think is possible)? Can i still drive? Is my p license revoked? Do i really still hv to resit for the test? When can i have to sit for the test if my license is really revoked? How will i know my license is really revoked or not? Pls help me, im very scared…. Can you email me? Thanks

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