AFTER the relative lull since Sam Ke Ting’s trial last year, the issue of “basikal lajak” has resurfaced.

The perceived injustice meted out in the form of a successful appeal against the trial court results by the prosecution, its third appeal in this case, raised all sorts of opinions with direct and indirect correlation with the issue – responsibility of parents, role of society, the eagerness of the government to pursue this case and the seriousness of the police in enforcing traffic laws – more than muddied the waters, so much so the case itself, its merits and technicalities of law took a distant back seat.

The general public opinion is that the driver in question was not in the wrong, an opinion shared by the trial court.

She was doing 44.5kph on what was supposed to be a quiet road, at 3am, not on her mobile phone, and sober. She had the right of way.

The children, on the other hand, should not have even been on the road that hour, should not have been riding heavily modified bikes that go up to 60kph or even up and about being a general menace at that hour.

One million signatures were collected for a petition to free Sam in a matter of days. In contrast, a petition on the same platform in 2020 at the height of the previous prime minister’s unpopular decision on the movement-control order, only saw 340,000 people bothered to sign it, on an issue that virtually affects every Malaysian.

Why?

It is an issue many people can relate to.

A large proportion of us have encountered street races in some form or other – cars overtaking dangerously, zipping in and out on highways, congregations of mat rempit revving the engines at traffic lights, and those driving at night, especially in Johor, would have encountered children aged 10-20, zooming past them, eyes straight forward, in a “superman” pose, oblivious to traffic and other legitimate road users.

The basikal lajak case isn’t a new one. It has been around for the past decade, with substantial effort put in by road safety associations, bicycle associations, the authorities, parents’ groups and so on to tackle it.

It is not like these children have been abandoned or are even that young. Many of them are even old enough to be married, if some critics are to be taken seriously.

While it does take a village to raise a child, it is not an open licence to leave their care in the hands of other parents, schools or the government, all of whom have primary obligations of their own.

This fiasco also reveals the double-edged nature of the law, and that stricter penalties can cut both ways.

The 2020 amendments to the Road Transport Act 1987 were primarily aimed at drink drivers and illegal racers, and while Sam was not yet subject to it, the High Court rightly pointed out that its six-year sentence could have gone up to 20 years with a RM50,000 fine, instead of RM6,000.

With all that is already being done – trying to redirect delinquents’ youthful energy into more constructive things – motor engineering and modification, biking-related activities, extreme sports and others, can more be done?

Perhaps it is time to look at other sorts of pre-emptive laws and enforcement.

Deny children found committing these offences their privileges to take examinations or travel.

Fine the shops that facilitate them, for example, plastic sports rims are used almost exclusively by these racers.

Delegate or deputise power to confiscate these bicycles to other enforcement agencies or volunteers, such as Rela, the Malaysian Institute of Road Safety Research and local councils.

Perhaps even the power to fine parents small amounts if such bikes are found on their premises.

Deny them tools to endanger themselves and others.

It is time to think outside the box when dealing with creative offenders, and soon. – April 20, 2022.

* Emmanuel Joseph firmly believes that Klang is the best place on Earth, and that motivated people can do far more good than any leader with motive.