LAWS SELECTED ARTICLES

Application of Seat Belts

Beginning 1st January 2009, the use of seatbelt by rear passengers has been enforced by the Motor Vehicles Rules (Seatbelt) (2008 Amendment).

The rule were enforced with immediate effect except for:

  1. Vehicles that were registered before 1st January 1995
  2. Vehicles that were registered on and after 1st January 1995 but were not equipped with rear anchorage points
  3. Vehicles that seat more than 8 passengers not including the driver; and
  4. Goods vehicles with a carrying load larger than 3.5 tonnes

 

For vehicles registered on and after 1st January 1995 that are equipped with rear anchorage points but not rear seatbelts, the owners are given a period of three (3) years to install rear seatbelts in their vehicles. This 3-year period starts from 1st January 2009 until 31st December 2011. To ease the burden of these owners, JKJR and car makers Proton, Perodua and Honda had signed a MoU wherein these carmakers have agreed to retrofit rear seatbelts for free (for vehicles that were registered on or after 1st January 1995). It was estimated that around 227,000 Proton, 435,000 Perodua and 35,000 Honda cars would be eligible for the retrofitting procedure by their respective producers. Owners are advised to take early action in equipping their vehicles with rear seatbelts for the safety of the passengers as well as their own.

The rear seatbelt enforcement initiative was done with the intention of reducing the number of deaths and injuries from traffic accidents. A study by the Malaysian Institute of Road Safety Research (MIROS) in 2007 showed that 350 deaths, 700 serious injuries and 2,100 minor injuries happened to rear passengers of private vehicles. From these statistics, 40% - 50% of deaths, serious and minor injury cases could have been reduced if the rear passengers and drivers had been using their seatbelts.

Any vehicle drivers and passengers that do not use seatbelt (front or rear) will be fined. The penalty for this offence is a fine up to RM 2,000 or a maximum of one (1) year prison sentence or both. However, for the first six (6) months beginning 1st January 2009 until 30th June 2009, the JPJ and PDRM would only issue a RM300 fine for offenders.

ARE ALL VEHICLES REQUIRED TO BE EQUIPPED WITH REAR SEATBELTS?

Beginning 1st January 2009, all vehicles registered on and after 1st January 1995 must be fitted with rear seatbelts.

WHAT TYPES OF VEHICLES ARE EXEMPTED FROM HAVING REAR SEATBELTS INSTALLED?

Vehicles exempted from having rear seatbelts installed are:-

  1. Vehicles that were registered before 1st January 1995.
  2. Vehicles that were registered on and after 1st January 1995 but were not equipped with rear anchorage points.
  3. Vehicles that seat more than 8 passengers not including the driver; and
  4. Goods vehicles with a carrying load larger than 3.5 tonnes.

 

WILL OWNERS OF VEHICLES REGISTERED AFTER 1st JANUARY 1995 WHICH ARE NOT EQUIPPED WITH REAR SEATBELTS BE FINED?

No. They are given a grace period until 31st December 2011 to retrofit their vehicles with rear seatbelts.

For vehicles that can seat eight (8) or less passengers (excluding the driver), all the seats must be equipped with a seatbelt.

HOW MANY SEATBELTS THAT NEEDS TO BE EQUIPPED IN A VEHICLE?

For vehicles that can seat eight (8) or less passengers (excluding the driver), all the seats must be equipped with a seatbelt.

ARE GOODS VEHICLES EXEMPTED FROM THIS RULING?

Only goods vehicles with carrying capacity of more than 3,500kg are exempted.

MUST VANS, SUVS, MPVS, AND MUVS ALSO BE EQUIPPED WITH REAR SEATBELTS?

Those vehicles must be equipped if they are registered on and after 1st January 1995 and can seat less than eight (8) passengers including the driver.

CAN THE REAR SEATBELTS BE OF THE TWO-POINT TYPE?

Yes if the car is not equipped with three (3) rear anchorage points.

WHAT STEPS SHOULD BE TAKEN BY OWNERS OF VEHICLES REGISTERED ON AND AFTER 1st JANUARY 1995 THAT ARE NOT EQUIPPED WITH REAR SEATBELTS?

They must get their vehicles retrofitted with rear seatbelts at their respective dealers. In addition to this, the Ministry of Transportation had also secured the cooperation of Proton, Perodua and Honda in providing and installing rear seatbelts for free.

WILL OWNERS OF VEHICLES REGISTERED AFTER 1 JANUARY 1995 WHICH ARE NOT EQUIPPED WITH REAR SEATBELTS BE FINED AFTER THE RETROFITTING GRACE PERIOD ENDS ON 31 DECEMBER 2011?

Yes.

WHO WILL BE FINED WHEN THERE ARE PASSENGERS WHO ARE NOT BUCKLED UP IN THE VEHICLE?

The passenger(s) who are not buckled up will receive the fine.

IS THERE AN AGE GROUP FOR THE REAR PASSENGER SEATBELT USE RULING?

Only rear passengers who are aged 17 years and above will be fined.

WHO ARE EXEMPTED FROM USING SEATBELTS?

Exemptions from using seatbelts are given to:

  1. Those who are exempted from doing so for health reasons by two registered medical practitioners
  2. Those who are exempted by the Minister.

 

ARE PREGNANT MOTHERS EXEMPTED FROM USING THE SEATBELT?

Yes.

WHO WILL BE FINED WHEN THE NUMBER OF PASSENGERS EXCEEDS THE NUMBER OF SEATBELTS IN THE VEHICLE, AND THE EXCESS PASSENGERS ARE NOT BUCKLED UP?

Action will be taken on the number of passengers based on the number of seatbelts installed in the vehicle. Only passengers who are not buckled up even when they have the use of seatbelt will be fined.

CAN ONE SEATBELT BE USED BY MORE THAN ONE PASSENGER?

No as each seatbelt can only fit one passenger.

I WORK AS A DRIVER/CHAUFFEUR. IF MY EMPLOYER IS CAUGHT NOT USING HIS REAR SEATBELT, WHO WILL RECEIVE THE SUBSEQUENT FINE?

Your employer is the one who will receive the fine.

AS A DRIVER, WILL I BE FINED IF A REAR PASSENGER WHO IS NOT YET 17 YEARS OF AGE IS CAUGHT NOT USING THE SEATBELT?

No. Fine will only be issued if the rear passenger is aged 17 years old and above.

WHO IS RESPONSIBLE FOR THE INSTALLATION OF REAR SEATBELTS IN ANY PARTICULAR VEHICLE?

The vehicle owner is solely responsible.

ARE FOREIGN-REGISTERED VEHICLES REQUIRED TO ADHERE TO THIS RULING?

Yes.

ARE TODDLERS REQUIRED TO ADHERE TO THIS RULING?

No if they are seated in a passenger's lap.

MY VEHICLE WAS REGISTERED BEFORE 1st JANUARY 1995 BUT IS EQUIPPED WITH EQUIPPED WITH REAR SEATBELTS, ARE MY REAR PASSENGERS REQUIRED TO USE THEM?

No but it is advisable for them to do so to ensure their safety.

WHAT TYPES OF SEATBELT ARE ALLOWED FOR USE?

The types allowed for use are listed under Table 1 of the Motor Vehicles Rules (Seatbelt) 1978 and (2008 Amendment).

WHERE CAN I PAY FINES RECEIVED FROM SEATBELTS OFFENCES?

The fines can be paid at any JPJ offices or police stations (depending on the organisation issuing the fines).

I OWN A HONDA REGISTERED ON 5 FEBRUARY 1995. HOW CAN I GET A FREE REAR SEATBELT INSTALLATION FROM HONDA?

You are advised to contact a Honda dealership or agent for an appointment.

MY VEHICLE IS A 1994 MAKE BUT IT WAS REGISTERED IN 1995. IS IT COMPULSORY FOR ME TO HAVE THEM INSTALLED WITH REAR SEATBELTS?

Yes. The ruling applied to vehicles registered on and after 1st January 1995.

I WAS FINED IN 2008 FOR NOT USING THE FRONT SEATBELT AND I WANT TO PAY THE FINE IN 2009. HOW MUCH IS THE FINE?

RM300.00

MY GRANDMOTHER REFUSES TO USE HER SEATBELT FOR A NUMBER OF REASONS. CAN SHE BE EXEMPTED FROM USING THE SEATBELT?

No.

ARE SEATBELT-RELATED OFFENCES INCLUDED UNDER THE DEMERIT POINT SYSTEM (KEJARA)?

No.

ARE THE HANDICAPPED AND PHYSICALLY-CHALLENGED ALSO REQUIRED TO USE REAR SEATBELTS?

Yes.

CAN THE USE OF REAR SEATBELTS REDUCE THE LIKELIHOOD OF A TRAFFIC ACCIDENT?

It is not intended to reduce the possibility of an accident; rather it is to reduce the severity of injuries when an accident occurs.

DO MOST DEVELOPED COUNTRIES IMPLEMENT SIMILAR RULES?

Yes, such as the US, Denmark and the UK.

WHY IS IT IMPORTANT FOR REAR PASSENGERS TO BUCKLE UP?

Rear passengers who are not buckled up can become a safety hazard to the front row passengers and the driver. According to a research conducted by the Malaysian Institute of Road Safety Research (MIROS), at speed of 50km/h, a rear passenger weighing 60kg can slam into the front seats at an impact equivalent to 2.4 tonnes.

WHAT ARE THE STATISTICS REGARDING THE NUMBER OF DEATHS AND ACCIDENTS INVOLVING REAR PASSENGERS?

According to research conducted by MIROS, in 2007 there were 350 cases of death, 700 cases of serious injury and 2,100 cases of minor injury involving rear passengers of private vehicles. From these statistics, around 40 - 50% of deaths, serious and minor injuries cases could be reduced had the fatalities been using a seatbelt.

ARE TAXIS/HIRED CARS EXEMPTED FROM INSTALLING REAR SEATBELTS?

No. ALL vehicles registered on and after 1 January 1995 are required to be equipped with rear seatbelts.

MY VEHICLE WAS REGISTERED AFTER 1 JANUARY 1995 BUT IS NOT EQUIPPED WITH REAR ANCHORAGE POINTS. WILL I BE FINED WHEN MY REAR PASSENGERS ARE CAUGHT

No, you will not be fined as your vehicle is not equipped with rear anchorage points even if it has been registered after 1 January 1995.

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