Suhakam wants negligent parents to be held accountable

KUCHING (Aug 18): Negligent parents and guardians must be held accountable for their failure to fulfil their duty of care, said the Human Rights Commission of Malaysia (Suhakam).

Its Children’s Commissioner Dr Farah Nini Dusuki said this when expressing sadness over the recent tragic road accidents involving underage motorcyclists.

“In an incident, a 12-year-old boy riding a three-wheeled motorcycle caused the death of a 13-month-old toddler in Kubang Kerian. In another, two 13-year-old boys lost their lives after colliding with each other while performing stunts in Elmina.

“It was reported that in the first case, the road tax and insurance for the three-wheeled motorcycle had expired. In the second case, the accident occurred at 11.20pm as the two teenagers were performing wheelies.

“These incidents starkly highlight the failure of parents or guardians to properly monitor their children’s activities, particularly at night,” she said in a statement today.

Farah pointed out that under Section 31(1)(a) of the Child Act 2001, 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, imprisonment for a term not exceeding 20 years, or both.

Additionally, she said under Section 39(5) of the Road Transport Act 1987, parents or guardians who cause or permit their child under 16 years old to drive a motor vehicle are guilty of an offence.

Upon conviction, she said they are liable to a fine not exceeding RM2,000, imprisonment for a term not exceeding six months, or both.

According to statistics from the Bukit Aman Traffic Investigation and Enforcement Department, she said the number of road deaths and injuries among child motorcycle victims increased last year compared to 2022, especially in the six to 10 age range, with cases rising from 97 to 111.

“The Ministry of Transport (MoT) and Road Transport Department (JPJ) are reportedly drafting a new law related to the purchase of motorcycles by unlicensed riders. We urge that this draft law be expedited for tabling in the Dewan Rakyat,” she said.

Farah recalled that in 2019, the police proposed to the MoT and JPJ the implementation of a new motorcycle licence 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.

According to her, 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 said.

She added: “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.”