Experts stress deterrence depends on likelihood of being caught
PETALING JAYA: Promoting responsible behaviour on public roads cannot just rely on higher penalties as discipline will remain elusive if enforcement fails to keep pace, say safety experts.
While welcoming the government’s proposal to impose stiffer penalties for selected traffic offences, they said it is not the size of the fine but the certainty and consistency of enforcement that ultimately shapes driver behaviour.
On Wednesday, the Road Transport (Amendment) Bill 2026, which introduces 41 amendments to the Road Transport Act 1987 (RTA), was passed in Dewan Rakyat.
The legislation also contains provisions covering tougher enforcement, digitalisation of Road Transport Department (JPJ) services, action against “tonto” informants (that warn errant drivers of impending enforcement) and enhancements to road safety measures.
Road Safety Council of Malaysia executive council member Datuk Suret Singh said an effective deterrent is the certainty of being caught, coupled with punishment comprising both fines and demerit points.
He said fines alone would not change driving behaviour unless motorists believed there was at least a 90% chance of being caught.
Suret said research by the Malaysian Institute of Road Safety Research (Miros) showed the Perception of Being Caught (POBC) was only between 25% and 30% here, which is far below countries like Singapore, where it is around 90%.
“This means, out of 10 offenders here, only two or three believe they can be caught in the act,” he said, adding that artificial intelligence-powered enforcement should be adopted as it could monitor violations round the clock, and reduce opportunities for “negotiated settlements”.
Universiti Putra Malaysia Road Safety Research Centre head Assoc Prof Dr Law Teik Hua said the amendments are a step in the right direction.
However, he said findings of studies elsewhere showed that the certainty and consistency of punishment were more important than bigger fines as even stiff penalties would have little effect if motorists believe they are unlikely to be caught.
“Enforcement should be strengthened through automated cameras, targeted operations, and demerit points, with the success of the amendments ultimately measured by reductions in repeat offences and crashes,” Law said.
Former senior traffic police officer S. Markandan also agreed that merely raising penalties alone will not raise compliance.
“Only if it is backed by firm enforcement will higher fines complement compliance of road traffic laws. The move to stop offering traffic fine discounts is a good step as well because habitual offenders will delay paying up,” said the former assistant commissioner.
Markandan also said that stricter enforcement of Sections 17 and 29 of the RTA, where blacklisting the driving licences and road tax of those who fail to settle summonses as well as tougher implementation of the demerit points system should be in place.
Criminologist Datuk P. Sundramoorthy also concurred that higher fines alone is unlikely to serve as a lasting deterrent.
“Research shows motorists are more influenced by the likelihood of being caught than by the price of a fine. Certain and swift enforcement are more powerful deterrents. In the long run, reducing accidents and fatalities requires a combination of enforcement, education, infrastructure, and behavioural change,” he said.
Alliance for a Safe Community chairman Tan Sri Lee Lam Thye suggested the government study income-based fines for serious traffic offences as practised in some countries, even as he agreed with the tougher penalties.
“A fixed fine may have little deterrent effect on wealthy offenders. For a person with substantial financial means, a fine of RM500 or even RM1,000 may have little impact. On the other hand, the same amount could impose a significant burden on a low salary earner,” he said.
