A latest viral video exhibiting an altercation between a gaggle of cyclists and a bus driver has raised a query – do cyclists have a proper to experience on Malaysian roads? Malaysian regulation, particularly the Street Transport Act 1987, along with the Street Site visitors Guidelines 1959, has clear definitions on what constitutes a bicycle and a bike owner, and the relevant legal guidelines thereof.
A bicycle is outlined beneath Malaysian regulation as a automobile outfitted with pedals for biking, human powered, and in a position for use on- or off-road. There are additionally definitions for e-bikes and mopeds beneath the Street Site visitors Guidelines (Prohibition of Use for sure Micromobility Automobiles) 2021, however for the needs of this text, we will confine ourselves to pure bicycles.
The regulation states cyclists should experience single-file on roads, and that is laid out beneath Rule 42(3) of the Street Site visitors Guidelines. The rule is absolute and doesn’t enable driving abreast no matter sort of street, with failure to take action entailing a cost beneath Part 119 of the Street Transport Act, with a RM2,000 superb or a most jail time period of six months.
As for driving on highways, that is lined beneath Part 79(2) of the Street Transport Act which states biking is prohibited the place there’s a lawfully positioned signal on or close to any street. Any particular person disobeying such an indication, by driving or propelling any automobile, who fails or neglects to adapt to the indication given by the signal, is liable to a superb of not lower than RM200 and no more than RM2,000.
Coming to using the emergency lane on highways and different foremost roads for biking, that is prohibited beneath Rule 53 of the Street Site visitors Guidelines. The offence falls beneath Part 119, and has the identical penalty of a RM2,000 superb or a most jail time period of six months.
Using on the sidewalk can be disallowed, in case you have been going to be outraged and say, “the place am I speculated to cycle, on the five-foot-way, is it?”, the regulation says no different automobile, aside from an invalid carriage (not being a motorcar) or a perambulator, or a toy automobile ridden or pushed by a baby under twelve years of age, shall be used or stored on a footpath. This falls beneath Rule 44 of the Street Site visitors Guidelines and could be penalised beneath Part 119.
In the meantime, helmets for motorcyclists are necessary beneath the Bike (Helmet) Guidelines 1973 as enacted beneath the Street Transport Act however Malaysian regulation is silent on utilization of helmets for biking. Nevertheless, virtually all biking teams are inclined to self-police helmet utilization, and normally make carrying a helmet a should, imposing the rule, “no helmet, no experience.”
There may be additionally Rule 42(1)(c) of the Street Site visitors Guidelines which states no particular person shall experience a bicycle or tricycle on any street whereas holding any article in both hand. This rule is considerably ambiguous, through which it could be an offence so that you can take a sip out of your bidon or eat a muesli bar, or, for that matter, file viral movies of encounters with bus drivers.
The intent of the rule could be extra for not carrying an object which might adversely have an effect on the steadiness of the bicycle, resembling carrying an open umbrella or a bag of groceries however that may be a matter for a Justice of the Peace or decide to determine. The creator has personally seen a bike owner in Amsterdam driving alongside the sting of a slim canal, carry a giant bag of bread in a single hand and taking puffs from a cigarette within the different with no fingers on the handlebar, however that’s topic to dialogue for one more day.
Use of a bell and lights is necessary, as is having brakes on each wheels of a bicycle. Failure to stick to the principles for brakes and bell, Rule 42(1)(a), and, lights, Rule 35 of the Street Site visitors Guidelines, is topic to RM2,000 superb or a most jail time period of six months.
Different legal guidelines cowl issues like driving whereas intoxicated or beneath the affect of medicine, reckless driving, careless and thoughtless driving and inflicting loss of life by reckless or harmful driving, falling beneath Part 41, 42, 43, 44, 45 of the Street Transport Act. It must also be famous authorities are empowered beneath the Street Transport Act to grab your bicycle beneath Part 112(3) of the Street Transport Act.
The part states any police officer, street transport officer or site visitors warden could detain any micromobility automobile in respect of which an offence has been dedicated inside his view. One thing to consider while you’re driving your RM50,000 Colnago and making an attempt to argue your proper to cycle on the street to a police officer.
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