Experts urge Malaysia to adopt 'holding-based' handheld device ban

Road safety experts in Malaysia are calling for a broader ban on holding mobile phones and communication devices while driving to improve road safety. The proposal aims to simplify the legal process for penalizing distracted drivers by expanding the scope of current legislation to remove ambiguity during enforcement.

Associate Professor Law Teik Hua and other experts argue that current laws are too narrow, creating a burden of proof for traffic police. They suggest adopting a regulatory approach similar to Singapore, where motorists can be charged simply for holding a device. Under this proposed framework, the act of holding the device would constitute the offense, regardless of whether the driver is actively using the device for a call or an application.

The Enforcement Gap

The push for legislative change stems from practical challenges faced by traffic police during roadside enforcement. Currently, officers often face the difficulty of proving that a driver was actively operating a device rather than merely holding it. By shifting the legal trigger to the act of holding the device, authorities would no longer need to provide evidence of active usage to secure a penalty.

While the Director of the Jabatan Siasatan dan Penguatkuasaan Trafik (JSPT) has noted that existing laws under Rule 17A(1) already cover the holding and operating of devices, advocates argue that a more explicit and comprehensive 'handheld' ban would provide greater clarity for motorists and remove ambiguity in the courtroom.

Impact on Road Safety

Updating the legislation to cover all handheld electronics would close existing legal loopholes that currently hinder enforcement. By making the law easier to apply, authorities believe it will create a stronger deterrent against digital distractions. The ultimate goal is to reduce the frequency of accidents caused by drivers diverting their attention from the road to handheld screens.

Next Steps

Whether the Malaysian government will move to align its laws with the stricter Singaporean model remains to be seen. Observers will be watching for official legislative reviews or amendments to the Road Transport Act that would formalize a zero-tolerance policy for holding any electronic device while behind the wheel. Such a shift would signal a move toward a more rigid enforcement regime aimed at eliminating the 'active use' debate in traffic courts.