THE recent BUDI95 enforcement exercise has opened a Pandora’s box: it revealed that an estimated 2.3 million riders and drivers in Malaysia are driving/riding vehicles without a valid Competent Driving Licence (CDL). Unfortunately, this is not an unfamiliar sight on Malaysian roads.
Motorcyclists and drivers often drive as they please, some without the most basic requirement of a licence. Beyond risking their own safety, such individuals pose a grave danger to other road users.
From a legal perspective, the implications are serious. Driving without a valid licence is not a mere technical breach; it is an offence under the Road Transport Act 1987 (RTA 1987).
Section 26 of the Act makes it clear that upon conviction, offenders face fines of no less than RM300 and up to RM2,000, imprisonment for a term not exceeding three months, or both. In practice, those found driving without a valid licence are often brought before the court rather than being issued a simple compound.
Courts may impose penalties of up to RM1,000, a prison term of up to one year, or both. The situation becomes even more troubling when an unlicensed driver is also uninsured.
Without even basic third-party insurance, what remedy is available to victims who suffer injuries or even death due to the actions of such drivers?
Section 90 of the RTA prescribes a penalty for driving without insurance which is a fine of up to RM1,000, a maximum of three months’ imprisonment, or both. However, for victims, the absence of insurance means there is no policy to claim from.
In such cases, the only option is to pursue the offending driver personally through a civil lawsuit, typically by filing a negligence claim in tort. This principle was underscored in the case of Muhammad Noor Redzuan bin Misran v Muhammad Amirul Hafiz bin Khairulazuin [2020] 10 MLJ 238.
The High Court emphasized that no one is permitted to drive on public roads without a valid licence. Furthermore, it affirmed that public policy as reflected in Sections 26 and 90 of the Act which obligates all drivers to be both licensed and insured.
Driving without complying with these requirements is not only unlawful but also endangers the driver and the public at large.
The findings from BUDI95 serve as a wake-up call. Malaysians must recognise that driving without a valid licence and insurance is not a minor oversight but it is a dangerous and unlawful act that carries severe consequences.
It is high time for all road users to abide by these legal requirements. A valid licence and proper insurance are not mere formalities; they are essential safeguards for the safety and security of everyone on the road. There is no excuse for neglecting them.
Dr Suzi Fadhilah Ismail
Associate Professor of Law
Ahmad Ibrahim Kulliyyah of Laws
International Islamic University Malaysia
