SHAH ALAM - Mental health conditions should not automatically disqualify people from driving, but the nature and severity of their illness could significantly impact their ability to drive safely.
Experts believed that although many people with mental health issues were capable of driving safely, certain untreated conditions may impair judgment and result in dangerous behaviour on the road.
Universiti Pendidikan Sultan Idris psychology counseling expert Associate Professor Dr Fauziah Mohd Sa'ad said disqualification from driving should not be automatic for those with mental health issues.
She said mental health conditions like schizophrenia, severe depression and bipolar disorder could affect crucial cognitive functions required for safe driving.
These impairments, she said may affect attention, concentration, judgment and decision-making abilities.
"Mental health conditions like anxiety or schizophrenia can reduce one's ability to focus on the road, while bipolar disorder and severe stress can impair judgment and decision-making.
"This can lead to dangerous situations, especially if someone becomes impulsive or aggressive behind the wheel," she told Sinar Daily.
She said in Malaysia, protocols existed to prevent individuals with serious mental health concerns from driving, but these guidelines often required regular medical reviews to ensure that drivers with mental health conditions maintain cognitive and emotional stability.
Fauziah stressed that each case should be reviewed individually, with regular physician consultations to assess the driver’s ability to remain safe on the road.
She said some mental illnesses could cause a person to lose control, especially if they were not receiving proper treatment.
It was also possible that the driver may have been in a dissociative state or experiencing a psychotic episode, which could explain such dangerous and seemingly irrational behavior, she added.
Regarding legal responsibility, Fauziah noted that while a person with mental health issues could still face charges in court, their mental state played a critical role in determining the outcome.
She said the courts would evaluate whether the individual has the mental capacity to understand the nature of their actions.
If deemed unfit to stand trial, she said the person may be acquitted on the basis of insanity, but they would still likely be required to undergo mandatory psychiatric treatment or hospitalisation.
Meanwhile, MSU Medical Centre consultant psychiatrist Professor Dr Muhammad Najib Mohamad Alwi echoed similar sentiments, saying that many individuals with mental health disorders were able to drive safely, provided their illness was stable and well-managed.
"Just because someone is diagnosed with a mental health problem, it does not mean that they should be automatically barred from driving.
"The critical factors are the diagnosis, the severity of the illness and whether their current symptoms affect their ability to drive," he added.
However, he cautioned that drivers suffering from cognitive deficits such as slow response times, poor concentration, or impaired judgment could pose a danger on the road.
"If someone with mental illness suffered from certain cognitive deficits such as slow response speed, impaired judgment, poor concentration or poor impulse control, then his or her ability to drive might be impacted," he said.
Also commenting on the matter, lawyer Salim Bashir said mental illness alone does not exempt someone from prosecution, but the court must consider the individual's mental state at the time of the incident.
He said under Section 342 of the Criminal Procedure Code (CPC), an accused may be referred for medical investigations to determine their mental health.
If it was proven that the person was incapable of understanding their actions, they may be acquitted and sent for psychiatric care instead of being imprisoned.
"Yes, an individual can still be charged, but an application can be made under Section 342 for the accused to be referred for medical investigations.
"If the court determines the accused was unaware of their actions, they may be acquitted and ordered into safe custody under Section 348 of the CPC," he said.
However, he dismissed the idea that a spouse or guardian could be held responsible for the actions of an individual with mental illness under their care, unless the person was under 18, as outlined in the Child Act 2001.
"The provision imputing vicarious liability to the parents or guardians are only explicit in the Child Act governing the definition of children below 18 years old and not adults," he said.
Yesterday, it was reported that a woman crashed her vehicle into four Universiti Teknologi Mara (UiTM) Dungun students riding on two motorcycles resulting in the deaths of three of them and leaving one seriously injured.
The woman was believed to be mentally ill.
Terengganu deputy police chief Datuk Wan Rukman Wan Hassan said the accident took place at about 7.35pm in front of the UiTM Dungun campus at Kampung Sura Hujung.
The collision involved a Honda CRV sports utility vehicle (SUV) driven by the woman and Yamaha Y15ZR and Yamaha 135 LC motorcycles, the victims were riding.
The deceased had been identified as second-year students – Muhammad Akmal Md Tukirin, 25, from Ayer Hitam, Muar, Johor, Ku Adib Aizad Ku Azmi, 20, from Sungai Buloh, Selangor and Khairil Anwar Jamaludin, 20, from Ampang, Selangor.
Another victim who was injured, Mohd Ammar Danish Mohammad Ridhuan, 20, is still receiving treatment at the Dungun Hospital.
The 49-year-old female driver has been arrested and the case was being investigated under Section 41(1) of the Road Transport Act 1987.