Legal advice at point of arrest would help motorists understand rights, reduce potential harm: Transport association
KUALA LUMPUR: The Land Public Transport Transformation Association has called on the government to introduce clearer standard operating procedures (SOP) for arrests and a dedicated legal aid mechanism for e-hailing drivers.
In a press conference yesterday, its president Nathan Mathivanan said e-hailing drivers should not be presumed guilty, adding that current enforcement practices reveal weaknesses and no clear SOP for such drivers.
“We urge e-hailing platforms to work with the government to establish a 24-hour legal aid bureau dedicated to e-hailing drivers, as access to legal advice at the point of arrest would help drivers understand their rights and reduce potential harm.”
Nathan also criticised the Land Public Transport Agency for failing to adequately address safety issues affecting e-hailing drivers nationwide.
He said an inclusive memorandum containing 21 demands had previously been submitted to the Transport Ministry, including proposals for mandatory passenger identity verification and stricter enforcement.
“While drivers are subjected to stringent identity checks, including daily selfie verification, passengers are able to register using anonymous or fake details, exposing drivers to safety risks.
“In this case, we were fortunate that the passenger details were legitimate. If not, the driver would have been the victim, with no clear avenue for accountability.”
Nathan said some e-hailing companies have introduced more comprehensive verification measures, urging all platforms to immediately adopt electronic Know-Your-Customer systems.
He also proposed clearer identification for e-hailing vehicles, such as distinct number plates similar to taxis, saying current sticker-based identification could be easily misused and has damaged the reputation of legitimate drivers.
“Enforcement agencies should utilise existing integrated systems under the agency and the Road Transport Department to distinguish e-hailing vehicles (AH category) from private vehicles (AB category) during investigations.
“While we do not question police investigation, the SOP must be properly regulated and updated. Reforming these procedures is the most important step.”
On Dec 6, 2025, e-hailing driver Kantharaj Subramaniam, 45, accepted a two-way trip from Rawang to Bukit Beruntung.
During the journey, the passenger briefly stopped at a residence and reportedly left an item that could have caused a fire while the driver, unaware of any wrongdoing, completed the trip.
On Jan 6, police arrived at the driver’s home without a warrant, questioned his family and took him to the station. His car and phone remain in police custody, limiting his ability to work.
Nathan said the passenger’s details were legitimate and the e-hailing company had fully cooperated with authorities, adding that the driver was wrongly treated as a criminal, leaving him psychologically affected.
He warned that police records, even without charges, could prevent drivers from working in the future.
“Authorities cannot wait while drivers remain in police custody, and without the association’s intervention, the driver could still be detained today with no way to seek help.”
Lawyer Vigines Shankar said a civil lawsuit may be pursued against the parties involved if necessary, as the driver’s treatment was considered excessive.
“I hope we can establish clear SOP for handling arrests such as this. For this case, we will request a formal explanation from police on how it was conducted.
“If necessary, we are prepared to file a civil lawsuit against the parties involved as we believe this treatment was excessive. We hope these issues could be resolved promptly.
“I believe e-hailing drivers are a key part of Malaysia’s economy. As gig workers, their numbers are growing rapidly and they provide essential services.”
He said many e-hailing drivers are innocent, whether they are transporting passengers, food or other items, and it is often unclear what is involved in each case.
“This is not the first incident. There have been multiple cases, including food delivery riders being detained for carrying drugs.
“I hope the agency and ministry can coordinate to establish clear SOP for handling arrests involving drivers.”
