Have you ever found yourself stopped at a red light with an irresistible urge to check your work email, reply to an urgent message, scroll through the news or check out your shopping cart?
It is likely you have had such an urge, right up until the traffic light turns green or the car behind honks loudly. You might assume that because the car is at a complete stop, looking at the phone is a harmless act. Statistics strongly suggest otherwise.
Across Malaysia, the latest police data indicates that more than 3.14 million road accidents have been recorded from 2019 to date, averaging approximately 1,720 cases per day.[1] These numbers highlight the severity of Malaysia’s road safety crisis. One of the factors contributing to accidents is mobile phone use while driving, including during stops at traffic lights. It stands out as a major cause.
Against this backdrop, a video circulating online that recently gained traction drew public attention to the issue. The video arose from an incident following the Road Transport Department’s issuance of a summons to a driver for holding a mobile phone while stopped at a red traffic light. The clip sparked heated online debate, with many questioning whether merely holding a phone at a traffic light, without making a call or actively using it, amounts to an offence under Malaysia’s traffic laws. The answer lies within the Road Traffic Rules 1959 (“Rules”).
Rule 17A(1) of the Rules expressly prohibits a driver from using or attempting to use a mobile phone or any other communication device while driving, unless it is operated through a hands-free kit.[2] The consequences of violating this section are provided in Rule 17A(2) of the Rules, where a fine of up to RM1,000.00 or imprisonment for up to 3 months may be imposed. For repeat offenders, the penalty increases to a fine up to RM2,000.00 or imprisonment up to 6 months, or both.[3]
However, despite the presence of clear laws, a study conducted in the Klang Valley found that a staggering 61.9% of drivers admit to using mobile phones while stopped at traffic lights, despite majority of them being fully aware that the act is illegal and it could endanger themselves and others.[4] This highlights the urgent need to strengthen enforcement measures which may include installation of CCTV cameras at traffic lights, to prevent this widespread behaviour from harming more civilians.
In summary, mobile phone usage at traffic lights remains a serious problem despite existing laws. It should be noted that no message or notification is worth risking lives. Hence, it is crucial for every individual to adopt the mindset that safety begins with personal responsibility, and that resisting the urge to check your phone, even for a few seconds, can save lives.
[1] Phone Use While Driving Flagged As Top Accident Cause <News Article via Daily Express>
[2] Rule 17A(1), Road Traffic Rules 1959
[3] Rules 17A(2), Road Traffic Rules 1959
[4] Mobile Phone Usage And Safety <Ministry of Transport Malaysia>
About the Author
Goay Kah Kah, Nicolle is an Associate at XK Law with a strong passion in litigation. Her experience includes corporate and commercial disputes, as well as civil and commercial fraud cases. Nicolle thrives in dynamic environments and outside of work, she enjoys rock climbing and practicing yoga—both of which challenge her focus, discipline and resilience in different ways.
