THE recent move by Malaysia’s Road Transport Department (JPJ) to suspend the licences of commercial drivers involved in road accidents until investigations are completed has sparked heated debate.
While the policy’s intention is clearly to reduce road crashes and instil greater accountability among drivers, its execution raises serious concerns about legality, fairness, and justice.
At the heart of the issue lies a pressing question: Can we improve road safety without compromising the rights of those behind the wheel?
Legal Framework and Procedural Fairness
The primary legal basis for this policy stems from Section 35 of the Road Transport Act 1987 (Act 333), which allows the Director General to suspend or revoke a licence if the holder is deemed unfit to drive or is believed to have committed an offence. On the surface, this supports proactive action in the name of public safety.
However, the law also includes vital safeguards. Section 37 provides that drivers have the right to be heard before punitive action is taken. This includes the opportunity to explain their side of the story or present evidence in their defence.
The “suspend first, investigate later” approach appears to bypass this due process, potentially violating the principle of natural justice. Every individual deserves a fair chance to defend themselves before facing penalties, especially those that affect their livelihood.
Presumption of Innocence: A Cornerstone of Justice
A core principle of any just legal system is the presumption of innocence – everyone is considered innocent until proven guilty.
Automatically suspending licences after an accident assumes fault before it’s properly established. Accidents can happen due to poor road conditions, mechanical failures, or other drivers’ negligence.
Commercial drivers may be victims, not at fault. Yet, under this policy, they face immediate consequences, including loss of income – even if later found blameless. This is especially harsh for gig workers, van operators and lorry drivers reliant on daily earnings.
The Burden of Retraining
One of the policy’s most controversial elements is the requirement for drivers to undergo a retraining course at their own expense – even when they are ultimately found not at fault. While the concept of retraining is not inherently flawed, making innocent drivers pay for it is.
For large companies with budgets and training support, the cost may be manageable. But for individuals and small operators, it can be financially devastating. If the purpose of retraining is to enhance public safety, then the financial burden should be shared – either by the government or employers. Innocent drivers should not bear the cost of a process meant to serve the broader public interest.
Justice must be more than legal – it must also be economic. Financial penalties imposed on individuals who have not been proven guilty undermine the fairness and integrity of any public policy.
Education Over Punishment
Enforcement alone isn’t enough to improve road safety. True change comes from combining accountability with education and awareness. Many focus on seatbelts and speed limits, but issues like fatigue, distracted driving and poor vehicle maintenance are often overlooked.
Road safety education should start early in schools and communities, with public campaigns reinforcing safe driving. Education isn’t a substitute for enforcement; it’s essential for long-term change, helping drivers understand risks and make safer decisions, reducing the need for punitive actions.
The Role of Commercial Drivers in the Economy
Commercial drivers are essential to the functioning of Malaysia’s economy. They transport goods, support logistics, and facilitate e-commerce. Disrupting their ability to work – especially without due process – not only harms individuals but also has broader economic implications.
When policies fail to distinguish between accountability and presumption of guilt, they risk demoralising a critical workforce. A policy that protects public safety must also protect the dignity and rights of those who keep the nation moving.
A More Balanced Road Safety Strategy
To move forward, Malaysia should adopt a more balanced and humane approach to road safety enforcement. A balanced road safety strategy should include:
Due process: Ensuring fair investigations and the right to respond before suspending licences.
Equitable retraining: Government or employer-funded courses for innocent drivers.
Public education: Integrating road safety into schools and media to address unsafe driving.
Technology and data: Using tools like dashcams and telematics for objective fault determination.
A proactive, data-driven approach prioritising prevention over punishment will improve safety while respecting drivers’ rights.
Conclusion
Road safety is a shared responsibility, but it should never come at the cost of justice. Policies must strike a fair balance between protecting the public and upholding individual rights. By embedding due process, supporting innocent drivers and investing in education, Malaysia can build a road safety system that is not only effective – but also just and compassionate.
The views expressed here are those of the writer and do not necessarily represent the views of Sarawak Tribune. The writer can be reached at drjohnlau@gmail.com.
