12 Year Old Child Charged Under Section 39(1) Of The Highway Transport Act 1957
While the child claimed to be 14, he was still too young to be driving
Recently, a disturbing incident occurred in Puchong involving a 12-year-old child who was found driving a vehicle. The incident gained widespread attention after a viral video surfaced, showing the child claiming to be 14 years old. However, the child is only 12 years and 3 months old.
This young driver has been charged under Section 39(1) of the Highway Transport Act 1957, which specifically addresses restrictions on driving by individuals who are below the legally prescribed age. For those unaware that would be 18 years old (technically 17 but that incudes learning to drive too).
Moreover, under Section 39(5) of the Act, individuals who drive without meeting the legal age requirements face penalties that include a fine of up to RM2,000, imprisonment for up to 5 months, or both. In this case, the child’s father has also been held accountable. He faces charges under Section 39(5) for permitting his son to drive, which is a violation of the Act.
Additionally, the father has been charged under Section 31 of the Child Act 2001, which deals with neglect and negligence, due to his failure to prevent his child from engaging in such a dangerous activity. The situation is even more alarming because the 12-year-old was driving with his younger siblings, aged 4 and 6, as passengers.
On top of that, this lack of supervision not only endangers the young driver but also poses a significant risk to other children in the neighbourhood who may be playing, cycling, or walking in the area. Such incidents highlight the importance of community vigilance.
If you encounter similar situations in your neighbourhood, where young children are seen driving without proper supervision or a valid licence, it is crucial to take action. Here’s what you should do:
First, record details. Note down the vehicle’s licence plate number, the type of vehicle, and the specific area where the incident occurred. Also, make a note of the time of the incident and describe who was driving. Next, collect evidence. If possible, take pictures or videos of the incident. This visual evidence can be crucial in supporting any reports you make.
After that, report the incident. You can file a complaint through the JPJ e-complaint system, as this offence falls under the Road Transport Act 1987. Additionally, making a police report can help ensure that the matter is formally addressed.
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