Wrong To Say Cyclists Can T Use Roads As They Don T Pay Road Tax

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There is no provision under any law to restrict cyclists from using highways or expressways, unless there is specific signage put up barring them. (Bernama pic)PETALING JAYA: A law expert has dispelled the myth that cyclists don’t have the right to be on the road due to the fact that the pedal-powered two-wheelers are not required to pay any road tax.
Daniel Abishegam, the academic director at Advance Tertiary College (ATC), feels that the claim “cyclists don’t pay road tax, therefore they can’t use the road” is discriminatory.
“That statement shouldn’t be used to discriminate against cyclists,” he said during an interview on local radio station Lite FM with hosts Asha Gill and Jason Desmond Chin yesterday.
At the breakfast talk, Asha posed a question to Abishegam: “A lot of netizens are saying, ‘if you don’t pay road tax, you can’t use the road for cycling’. How accurate is this statement in the eyes of the law?”

Abishegam replied: “I think that’s not true and you (netizens) shouldn’t say that. That’s akin to saying that if you don’t pay income tax, you can’t use our government hospitals. That’s not right.
“There are many people who don’t fall within the taxable bracket, does that mean they are not entitled to the (government medical) facility?”
Then, Chin, who is better known as JD, promptly added: “Also, based on that (claim), that means pedestrians also can’t walk on the streets?”
“Yeah, since that is not true, therefore, such a statement shouldn’t be used to discriminate against cyclists as well,” Abishegam said.
Even though cyclists don’t pay road tax, the academician said bicycle users are not exempted from the road traffic laws which include Sections 54(1), 42, 43 and 44 of the Road Transport Act 1987.
He said there was no provision under any law to restrict cyclists from using highways or expressways, too.
“There’s no law that says you can’t cycle on a highway. However, if on a particular highway, there’s a sign that says no cycling (is allowed), then Section 79 (of the Act) says you must abide by that.”
Section 79 (2) of the Road Transport Act 1987 states: “ … where any traffic sign has been lawfully placed on or near any road, any pedestrian or any person driving or propelling any vehicle, who fails or neglects to conform to the indication given by the sign, shall be guilty of an offence and shall upon conviction be liable to a fine not exceeding RM500.”
“Although there is no actual ban on bicycles on highways, there is a Malaysian Highway Code that says to avoid it,” Abishegam said.
According to Rule 66 of the code, cyclists should “always seek and use the safest route. Keep out of heavy traffic as much as possible. Avoid highways in particular, and fast traffic in general”.
“So this is more of a recommendation or soft law, as they call it. So you should avoid it. But on a lot of highways there are actual signs that say no bicycles,” the ATC senior lecturer-in-law said.
“So if there is a sign that says no bicycles, that’s when Section 79(2) kicks in and you (cyclist) can’t argue that you didn’t know or anything like that.
“Find out if there’s any signage on highways (about the prohibition on cycling). Every highway has a website and one can do the necessary research to find out more,” Abishegam added.
Last month, police issued a warning to cyclists not to be on the highway without the permission of the Malaysian Highway Authority (LLM).
Bukit Aman traffic investigation and enforcement department director Mat Kasim Karim said cyclists who violated the law could be prosecuted under the Road Transport Act 1987 and the Road Traffic Rules 1959.
“Maybe some (law) amendments will be good to clarify which roads are cycle-friendly and which roads are not. So that they (the authorities) can place an outright ban on certain roads. Maybe that will help.
“Because right now, the only thing they (the authorities) have is recommendations such as to not cycle on highways and recommendations have very little impact on people, I think,” Abishegam said on the warning from the police. - FMT

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