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A fatal road accident at Jalan Elmina Business Park in Sungai Buloh, Selangor made headlines recently after 2 teenage boys, both aged around 13 years old died in a motorcycle crash while doing dangerous stunts on their motorcycles at around 11.20pm on 14 August.
In a statement by the Sungai Buloh District Police Chief Superintendent Mohd Hafiz Mohammad Nor, both underage riders died at the scene after colliding head-on with each other. Since news of the incident broke, many were outraged by the incident, especially given the young age of both deceased.
Accordingly, many have called for the parents or guardians of both victims to be held accountable as they should’ve kept an eye on the deceased minors and stopped them from underage riding of motorcycles and engaging in the so-called ‘Mat Rempit’ activities. Indeed, even Mohd Hafiz asserted that action may be taken against the parents for the incident.
So, what legal actions can be taken against the parents of both victims? Well, join us as we dive into the relevant laws on the matter below.
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Section 39 of the Road Transport Act 1987
Given that both of the deceased were under the age of 16, one of the most relevant laws on the incident is Section 39 of the Road Transport Act 1987 below:
According to the provision above, it is clear that it is an offence for anyone under the age of 16 to drive a motorcycle. Furthermore, Section 39(5) also clearly prohibits anyone from permitting any individual under the age of 16 from driving a motorcycle.
Hence, the parents or guardians, or whoever permits the victims to drive the motorcycles they were driving can be charged under Section 39(5) of the Road Transport Act 1987. If convicted, they could face a fine of up to RM2,000, imprisonment of up to 6 months, or both.
Section 31 of the Child Act 2001
Besides that, parents or guardians of both victims may also face action under Section 31 of the Child Act 2001 below:
According to what was reported about the case, the parents or guardians of the underage riders may face action for child neglect. This is because they exposed the two boys in a manner that is likely to cause physical injuries.
Applied to the case at hand, the parents or guardians can be charged under Section 31(1)(a) for neglecting the children and abandoning them in a manner likely to cause them physical injuries. It can be argued that the parents’ actions, or rather, inaction, in leaving the children unattended until they were able to ride the motorcycles dangerously were them acting negligently in a manner likely to cause them physical injuries.
Furthermore, it is also clearly stated that a parent or guardian may be convicted of an offence under this provision even if the child in question has died. This is as per Section 31(5)(b) below:
As per Section 31 of the Child Act 2001, the parents or guardians can be charged with child neglect and face a fine of up to RM50,000 or imprisonment of up to 20 years or both upon conviction.
Furthermore, as per Section 31(2) of the same Act above, those charged under Section 31 may also be ordered by the Court to execute a bond with sureties to be of good behaviour for such period and on such conditions as the Court thinks fit and to perform community service. Those who fail to comply with the orders of the bond shall be liable to a further fine of up to RM10,000 or to an additional jail sentence not exceeding 5 years or both.
As for the aforementioned community service, it shall be between 36 hours and 246 hours in aggregate and be performed within the period not exceeding 6 months from the date of order. It’s also subject to any other conditions specified by the Court and those who fail to perform the community service may be liable to a fine of up to RM10,000.
Another possible charge faced by the parents if they weren’t around during the incident is under Section 33 of the same Act for leaving their children without reasonable supervision. The provision defines the offence as below:
Those convicted of an offence of leaving a child without reasonable supervision may face a fine of up to RM20,000 or up to 5-year jail or both. Furthermore, just like Section 31, the Court may also additionally order the person to undergo community service.
The length of the community service may be between 36 and 246 hours in aggregate, to be performed within the period not exceeding 6 months from the date of order and subject to certain conditions as specified by the Court.
Moreover, any person who fails to comply with the order of the Court to perform community service is deemed to have committed an offence and shall on conviction be liable to a fine of up to RM10,000.
Moving forward, all eyes would be on the authorities on whether they would proceed with any legal actions against the victims’ parents or guardians. In the meantime, let this incident be a lesson and reminder to all parents and guardians out there to always know the whereabouts of children under their care as well as provide for them to the best of their abilities.
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