QuickCheck: Is it legal to ride an electric scooter or e-bike on public roads?


THEY are cheap to run, easy to park and increasingly impossible to miss on Malaysian roads.

Electric scooters and e-bikes have exploded in popularity, with users on Threads openly promoting them as a "life hack" for beating traffic, cutting fuel costs and skipping the hassle of getting a licence.

One user described his e-bike as the answer to everything from grocery runs to sending people around, while another called his electric scooter a revelation for his 2km commute to work.

But is it actually legal to ride an electric scooter or e-bike on a public road in Malaysia?

Verdict:

FALSE

It is illegal to ride an electric scooter or e-bike on any public road in Malaysia, according to a fact-check published by MyCheck.my.

The ban has been in force since Dec 17, 2021, when the Road Traffic Rules (Prohibition of Use of Certain Micromobility Vehicles) 2021 came into effect.

Under the rules, which were gazetted by the Transport Ministry, all micromobility vehicles are prohibited from being used on any road or any part of a road, including pedestrian crossings.

The Transport Ministry defines a micromobility vehicle as any vehicle powered by an electric source, internal combustion engine, human power, or a combination of these, with a maximum speed of 50km/h.

Three categories of micromobility vehicle are specifically banned from public roads: mopeds, personal mobility devices (which include electric scooters powered by electricity, internal combustion or human power) and personal mobility aids.

Any individual found using a micromobility vehicle on a public road can be charged under Section 54(1) of the Road Transport Act 1987.

The penalties are not gentle.

Under Section 54(2)(a) of the Act, a conviction carries a fine of not less than RM1,000 and not more than RM5,000, imprisonment for a period not exceeding 12 months, or both.

The Transport Ministry has stated that the ban was introduced for several reasons: to prevent accidents, injuries and deaths involving micromobility users, to prevent the unsafe mixing of micromobility vehicles with regular motor traffic, to protect public property, to prevent traffic congestion and to stop the use of vehicles that do not comply with road safety regulations from endangering other road users.

Despite the ban being more than four years old, enforcement appears to have done little to slow the trend.

Social media posts show e-scooters and e-bikes being used freely on main roads across the country, from Cyberjaya to Terengganu. Users have posted dashcam footage of e-bikes weaving through traffic alongside cars and lorries, while others have complained about the growing number of unregistered electric vehicles sharing the road with licensed traffic.

"I want to ask, can e-bikes be used on main roads? I see them freely using e-bikes on main roads with all the vehicles going at high speed," one Threads user from Terengganu wrote, alongside dashcam footage of a rider on an e-bike at a busy junction.

Another user in Cyberjaya wrote: "More and more people are using scooters and e-bikes as transport. Do we have to wait for a fatal accident before we enforce?"

The concern is not unfounded.

Micromobility vehicles are not built to the same safety standards as motorcycles.

They typically have no indicators, no mirrors, no brake lights and no registration plates, making them invisible to enforcement and unpredictable to other drivers.

Riders are not required to hold a licence, pass a test or carry insurance, meaning that in the event of an accident, neither the rider nor any injured party has the protections that apply to registered motor vehicles.

Micromobility vehicles can legally be used in gazetted areas such as parks and playgrounds, pedestrian zones and private property.

They cannot be used on any public road, including residential streets, regardless of how short the journey or how quiet the traffic.

For the growing number of Malaysians who have bought an e-scooter or e-bike thinking it was a clever and perfectly legal way to beat the commute, the law is clear. It is not legal. It has not been legal since 2021. And the maximum penalty is a RM5,000 fine and a year in prison.

Sources:

1. https://mycheck.my/report/a231671a-bb35-404b-944c-403e43c26451/jangan-tunggang-skuter-atau-basikal-elektrik-di-jalan-raya-ia-melanggari-undang-undang

2. https://www.facebook.com/motmalaysia/posts/penggunaan-kenderaan-mikromobiliti-di-atas-jalan-adalah-membahayakan-bukan-sahaj/358977102940407/

3. https://www.thestar.com.my/news/nation/2022/04/26/mopeds-e-scooters-among-micromobility-devices-banned-from-public-roads-says-dr-wee

4. https://www.jpj.gov.my/akta-333/

5. https://www.threads.com/@mek_ganu_kite/post/DZ67Bdij4gN

6. https://www.threads.com/@onetruth95/post/DacNyXaErKz

 

 

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