A CLAIM circulating on social media suggests that a five-seater e-hailing vehicle can only legally carry three passengers, leaving many Malaysians confused about how many friends they can actually fit in the car when they call for their ride.
The confusion has been widespread enough that some drivers have been turning away passengers, insisting the rules are on their side.
But is it true that a five-seater e-hailing car can only take three passengers?
Verdict:
FALSE
A five-seater e-hailing vehicle can legally carry up to four passengers, and the driver does not count toward that number, the Land Public Transport Agency (APAD) has clarified.
The misconception appears to stem from two sources that have been conflated over time.
The first is a misreading of how e-hailing apps display capacity: the symbol showing the number of occupants in a booking reflects total seats in the vehicle, which includes the driver's seat, leading some users and drivers to assume the driver is counted as one of the passengers.
The second is a lingering habit from the Covid-19 Movement Control Order period, during which e-hailing vehicles were required to carry fewer passengers as a social distancing measure.
Some drivers continued applying those reduced limits even after the MCO was lifted, and the practice became confused with the actual legal rule.
In practice, many drivers also refuse to allow passengers to sit in the front passenger seat, which leaves only the three rear seats available and reinforces the impression that a five-seater can only take three passengers.
There is, however, nothing in APAD's guidelines or the Land Public Transport Act 2010 (Act 715) that prohibits a passenger from sitting in the front seat of an e-hailing vehicle.
APAD clarified on its official Instagram account that the number of seats in an e-hailing vehicle is determined by the number of seats approved by the Road Transport Department (JPJ), and that the passenger limit is based on passenger seats only, excluding the driver's seat.
Under Clause 6.2(b) of the e-hailing Service Guidelines issued by APAD in 2018, e-hailing vehicles must have between four and 11 seats including the driver's seat, and the number of passengers carried must not exceed the number of passenger seats, not counting the driver's seat.
In plain terms: a five-seater sedan approved by JPJ can carry four passengers and one driver, while a seven-seater MPV can carry six passengers and one driver.
Passengers who believe a driver has incorrectly limited the number of occupants can lodge a complaint with APAD through its official website or directly with the e-hailing service provider.
Sources:
3. https://www.mot.gov.my/my/land/infrastructure/e-hailing-services
4. https://www.instagram.com/p/DP5R6yACXfR/
5. https://www.instagram.com/p/DbVihfIJKDk/
7. https://www.grab.com/my/terms-policies/code-of-conduct-driver-bm/
8. https://help.grab.com/passenger/en-my/10000007-App-%26-Feedback
9. https://taximaxim.com/my/en/
10. https://www.instagram.com/official_mycar/p/DbcTrDdj0h4/
