KUALA LUMPUR: Enforcement against motorists holding mobile phones or other communication devices while driving should be strengthened, with experts calling for a broader ban to improve road safety.
Commenting on Singapore’s proposed legislation to prohibit motorists from holding mobile phones or other communication devices while driving, even when they are not actively using them, Universiti Putra Malaysia Road Safety Research Centre head Assoc Prof Dr Law Teik Hua said Malaysia should consider adopting a similar approach.
He said such a move could simplify enforcement by removing the need to establish whether a device was actively being used.
“Recent developments in Singapore’s road safety laws offer Malaysia an opportunity to examine similar measures, particularly those that make enforcement more straightforward.
“Unlike previous laws requiring officers to prove active mobile phone usage, drivers could potentially be charged solely for holding a communication device when the vehicle moves,” he said.
Assoc Prof Law said the change would make enforcement simpler while giving motorists greater clarity about prohibited behaviours.
He noted that Malaysian law already prohibits drivers from using mobile phones while operating a vehicle, but enforcement could be challenging when authorities have to establish how a device was being used.
“A more encompassing regulation could involve the prohibition of holding any mobile phone or communication devices during vehicle operation,” he said.
He added that images captured by cameras or video recordings could provide compelling evidence in such cases.
Road Safety Council member Tan Sri Lee Lam Thye said allowing authorities to act based simply on a driver holding a mobile phone could also strengthen enforcement, as officers would not need to establish whether the device was actively being used.
However, he stressed that legislation alone would not be sufficient to address the problem.
“Malaysian authorities could study Singapore’s approach and consider whether similar measures would be appropriate here,” he said, emphasising that laws must be paired with a stronger driving culture.
Meanwhile, Bukit Aman Traffic Investigation and Enforcement Department (JSPT) director Comm Datuk Seri Muhammed Hasbullah Ali said that Malaysia already prohibits non-hands-free phone use while driving under Rule 17A(1) of the Road Traffic Rules 1959.
He said officers are not required to establish whether a motorist was calling or messaging, as Malaysian law already prohibits holding or operating a device while driving.
Comm Muhammed Hasbullah said it was important to understand that, under Malaysia’s enforcement framework, “using” a mobile phone did not necessarily require officers to prove that the driver was making a call or sending a message.
“Once the device is held or operated by hand while driving, it can already fall under the prohibited use under Rule 17A(1).
“The key issue is that the device was being used in a manner that required it to be held or operated by hand while driving,” he said.
He added that the provision had been enforced in Malaysia for many years, with summonses issued to motorists found committing the offence.
“We have long had provisions that essentially require communication devices to be used while driving in a hands-free manner,” he said.
In July, Singapore’s Ministry of Home Affairs said drivers who hold mobile phones while driving may soon face penalties, even if they are not actively using the device.
The provision is under the Road Traffic (Miscellaneous Amendments) Bill, which would remove the need to prove that the driver was using the device.
