In Malaysia, the history of cycling goes way back to pre-Independence Malaya. Cycling was initially introduced as a sport by British soldiers. As of today, cycling is a common recreational hobby for many Malaysians. For some Malaysians, it is not just a mere hobby; it is a healthy and eco-friendly lifestyle. Just look at the number of cycling groups and organisations dedicated to cyclists. Cyclists are a thriving community in Malaysia.

The safety of cyclists and road users in Malaysia comes first. Malaysia can definitely do better without unnecessary deaths on the road. Let’s explore a legal analysis of the issue and talk about the liability, safety measures, and potential legal reforms within the Malaysian context to address cyclists’ challenges when sharing the road with other road users.

Growing Concerns on Cyclist Safety in Malaysia

However, in recent years, there have been growing concerns about the safety of cyclists on Malaysian roads. Cycling-related accidents are not uncommon in Malaysia, with 201 bicycle accidents recorded in 2019, with 107 of them being fatal.

On June 30 2023, a cyclist who was cycling in the middle of a road at Jalan Klang-Banting-Port Dickson, Kuala Langat, collided with a lorry coming from the opposite direction, and she was crushed to death. On August 27, 2023, a video went viral when an e-hailing driver collided with 2 cyclists at Jalan Dengkil-Kota Warisan, Sepang.

These are just some of the few cycling-related accidents in Malaysia that have made the news in 2023. One could ask, what would be the main reason for the high number of accidents among cyclists? Are they riding recklessly? Are they provided with dedicated roads and spaces to cycle? Is it legal for cyclists to cycle freely on the road? Are there any solutions that could provide a “middle-ground” understanding between cyclists and other road users?

Liability of Cyclists

In Malaysia, cyclists are subject to similar obligations as other motorists, including a duty of care towards other road users.

Compliance with Traffic Laws

As road users, cyclists must comply with traffic laws, exercise caution, and take reasonable measures to prevent accidents. Failure to fulfil this duty may result in legal liability for cyclists in the event of accidents or injuries caused to other road users.

The applicable Malaysian road traffic laws for cyclists are the Road Transport Act 1987 and the Road Traffic Rules 1959. Among others, cyclists must ensure that their bicycles are fitted with a front white light and a rear red light, as well as efficient brakes for both wheels and a bell. Cyclists riding in a group must also ride in a single file on the road. The law does not specify any exceptions to any form of road.

A common irk for many Malaysian drivers is when they have to share the road with a group of cyclists on the highway. Are cyclists actually allowed to cycle on the highway?

Surprise! Cyclists are actually allowed to cycle on the highway unless the highway has placed a traffic sign prohibiting cycling.

Road Transport Act 1987

Cyclists who continue cycling despite a traffic sign on the highway prohibiting cycling shall have committed an offence under Section 79(2) of the Road Transport Act 1987 where, on conviction, they shall be liable to a fine of not less than RM300 and not more than RM2000.

Certain driving offences also apply to cyclists. Section 54 of the Road Transport Act 1987 lays down the provisions that apply to cyclists, be they bicycles, electric bicycles, or tricycles. In brief, in a similar vein to driving offences, cyclists may also be convicted for cycling recklessly, dangerously, carelessly, and inconsiderately. If they were to cycle under the influence of intoxicating liquor or drugs, they may be brought to prosecution and convicted if found guilty.

Another surprise is that there are actually no laws that make it mandatory for cyclists to wear a helmet. As of the date of this article, helmets are only mandatory for motorcyclists. However, for cyclists, common sense should prevail in the wearing of helmets. This will be further discussed below.

While the law exists as a guide to determining liability, in reality, determining liability in cyclist-related accidents can be complex as various factors come into play.

Factors such as visibility, road conditions, the behaviour of both cyclists and other road users, and adherence to traffic regulations are all crucial considerations in assessing fault and liability.

Safety Measures and Why Common Sense Should Prevail

Despite the existing legal framework on cyclist liability and road usage, safety measures and common sense are important factors in keeping the safety and well-being of cyclists and other road users.

• Use of safety gears

Firstly, cyclists must prioritise their safety by applying basic precautions. Use of safety gear such as helmets, reflective clothing, and lights, especially when cycling at night or in low visibility conditions, can improve their visibility to other road users.

While helmets are not legally mandatory yet for cyclists in Malaysia, common sense should prevail, and cyclists should wear helmets as they serve as a critical protective measure against head injuries in the event of accidents.

• Responsible road practices

Secondly, cyclists should exercise caution and adopt defensive riding practices while sharing the road with other road users. This would include staying vigilant, signalling intentions clearly, anticipating potential hazards, and always maintaining a safe distance from other road users.

Defensive riding practices are crucial, especially in Malaysia, where many drivers and motorcyclists lack common sense and empathy on the road. This is one way for cyclists to minimise the risk of accidents.

• Initiatives by the Government

Lastly, the relevant Ministries, Government agencies, and cycling advocacy groups should educate cyclists and other motorists on how to co-exist peacefully on the road through awareness campaigns on safe cycling practices, road-sharing etiquette, and the importance of using common sense.

This is essential to build a culture of mutual respect and understanding on the road. Exercising courtesy, patience, and empathy when using the road goes a long way in ensuring Malaysian roads are safe to be used by both motorists and cyclists.

Legal Reforms, Enforcement and Infrastructure Enhancement

Given the evolving cycling activities in the country and the relationship between road users and cyclists, where these two share the same road, policymakers in Malaysia must consider legal reforms to maintain the safety of all road users.

This involves revising and amending existing laws, introducing new regulations, implementing liability frameworks that are tailored to promote road safety and accountability, and implementing stricter penalties for road violations committed by cyclists and motorists.

However, any law is as good as anarchy if there is no enforcement from the authorities. Installing CCTVs and having on-ground enforcers in accident-prone areas would be a good start to ensure that cyclists and motorists co-exist peacefully.

It would be difficult for enforcers to take action if there is no visual evidence of reckless cycling or driving behaviours, cyclists or motorists running red lights, cycling on a pedestrian walkway, or cyclists obstructing traffic on a highway.

Designated Cycling Lanes and Paths

One essential element of this infrastructure enhancement plan is the development of designated cycling lanes and paths. These dedicated lanes will offer cyclists a safe environment to ride and significantly reduce the risk of accidents. These designated lanes will be strategically placed to connect key destinations, including:

• Residential areas
• Commercial centers
• Public transportation hubs

By implementing these changes, the government can create a more cyclist-friendly environment and introduce bicycles as a sustainable mode of transportation. Highly visible signage and road markings are also important to help cyclists navigate their way on the road and to inform other motorists of the presence of cyclists on the road.

Taking Control of Road Safety in Malaysia

One should understand that if we were to wait for any changes from policymakers and the authorities, it would take a long amount of time and enormous political will for change to take effect. Having this in mind, Malaysian road users can bring about the change they want to see by adopting a common sense approach (which is unfortunately uncommon these days) when using the road with other road users, be they cyclists, drivers, or motorcyclists.

Cyclists are allowed by law to use the road similarly to other road users. We cannot deny that in many developed countries, cycling is a popular way of commuting. We should anticipate the same development in Malaysia in the near future.

Hence, on the part that we can control as road users in Malaysia, let’s exercise common sense to ensure that everyone can co-exist peacefully on the road and minimise the risks of accidents and fatalities on the road.