Stronger frameworks essential to ensure fairness for drivers and passengers

SHAH ALAM - Stronger regulatory frameworks are essential to safeguard the rights of both drivers and passengers.

The government must now take serious action to establish clear, stable policies instead of shifting approaches inconsistently.

Malaysian Public Transport Users Association (4PAM) president Ajit Johl said it was the government's responsibility to ensure the rights of public transport users were consistently safeguarded.

"When it comes to regulating the information technology industry, you cannot have a set of rules that are cast in stone.

"The industry keeps evolving, new technology keeps coming in, so regulators and operators need to be kept on their toes to make sure that they are always upfront and ahead of the technology.

"Thus, regulation will play a big role, it needs to play a big role, it needs to be more effective," he told Sinar Daily during a Fireside Chat interview.

Ajit said regulating the tech industry, particularly with regard to new and emerging technologies was a complex task with many challenges and no clear-cut solutions.

He pointed out that, for instance, regulating the drone industry remained uncertain, with most guidance coming from countries that have already established regulations.

He added that the fast-paced evolution of the information technology sector meant that regulators could not rely on fixed, long-term rules; instead, they must remain flexible and adaptable to keep pace with technological advancements.

"When the government dissolved the Land Public Transport Agency (Spad) and brought it under the Transport Ministry, it was definitely more than just one or two steps back.

"It was a misstep, particularly with the significant investments currently pouring into public transportation," he said.

He emphasised the need for stronger oversight, urging the government to either reinstate Spad or create a new commission to regulate land, sea and air transportation.

He said such a commission would provide a more cohesive and comprehensive approach to safeguarding public transport users and addressing emerging risks.

He stressed that the billions invested in public transport may not yield effective results if only one ministry was overseeing the entire sector.

Ajit called for increased regulations to ensure that both operators and regulators kept pace with evolving technologies and safety standards.

While acknowledging the early challenges faced by Spad, he noted its positive development, likening it to the growth of a student from Year 1 to Year 6.

He also highlighted that while air transportation has historically received more attention, land and sea transportations remained underappreciated, urging the creation of a commission to ensure the welfare and safety of users across all transportation sectors.

Ajit said a major gap in the current system was the lack of clear regulations for public transport users, highlighting that accidents on public transport often left users struggling to claim insurance due to the absence of a passenger manifest.

He suggested that this issue could be addressed through a tribunal and a commission dedicated to public transport users, ensuring accountability and oversight.

The government, he said spent a lot of money, but yet rules and regulations were still very fluid.

"We urge the government to start seriously looking at this and no longer turn to policies here and there," he added.

He stressed the need for a clear body to oversee public transport safety, user protection and regulatory standards, especially after frequent policy shifts like the removal of the Malaysian Aviation Commission and Spad.

"To me, the duty of care belongs to the government. That is the government's duty of care to make sure that the public transport users' rights are protected and guaranteed.

"Then you will see public transportation growing as an industry," he said.

Meanwhile, Universiti Sains Malaysia School of Civil Engineering Associate Professor Dr Nur Sabahiah Abdul Sukor said regulating the e-hailing industry presented a mix of challenges and opportunities.

She highlighted key issues, including the industry's unclear legal status, which made compliance and enforcement challenging, as well as concerns over passenger safety, particularly due to inexperienced drivers and insufficient background checks.

"Malaysia can learn from Singapore's experience by adopting a structured regulatory framework, including clear licensing guidelines, background checks and driver training.

"Regular audits and compliance checks can ensure safety standards in e-hailing services, similar to Germany and the UK.

"National policies protecting drivers and passengers' rights can be introduced, similar to Australia's regulations," she said when contacted.

Sabahiah stressed that the handling of sensitive personal data raised privacy concerns and traditional taxi drivers often felt disadvantaged, leading to protests and tensions within the sector.

Despite these challenges, she acknowledged that e-hailing offered significant benefits, such as job creation and increased convenience for consumers.

She noted that while several major e-hailing companies operated across different countries, their safety standards and best practices were largely consistent.

The key difference, however, lies in the degree of implementation and enforcement in each region.

Sabahiah emphasised that the optimal approach was when e-hailing apps adhered to the required safety standards, ensuring the welfare of both passengers and drivers.