| Do rear passengers in all vehicles have to use seatbelts at all times? 
No,
the new rules contained in the amendments to the Motor Vehicles (Safety
Seat Belt) Rules 1977, under the Road Transport Act 1987, specify that
only occupants in vehicles under private-use registration are required
to comply. These cover sedan, SUV, double cab pick-up, MPV and window
van models. What vehicles are exempted from complying with the law?
All
vehicles registered for commercial use including buses and taxis and,
surprisingly, rental cars. Vehicles which can carry more than 8 persons
(excluding the driver) are also exempted. A special exemption is
provided for certain models which do not have original anchorage points
to bolt on the seatbelts. This exemption can only be obtained after the
vehicle has been inspected and verified by the manufacturer (Perodua
says it will provide a sticker for easy identification by enforcement
officers).  | Rear occupants in taxis and those in vehicles which carry more than 8 passengers are exempted from the new law | |
There is also an unusual exception concerning the presence of a fourth
passenger in the rear seat even if there are only 3 seatbelts (which
indicates that the manufacturer designed the vehicle for only 3 rear
passengers). Apparently, there is a policy (as stated by a JKJR
officer) which directs enforcement officers to ignore the law on having
more people in the back than what the manufacturer designed the vehicle
to take and this policy (which is said to have been in force for 'some
time’) will be maintained 'indefinitely’ due to 'social implications’.
Therefore, the fourth passenger who should not be there in the first
place and who is at very high risk being unbelted will not be charged
for an offence under the new law. What is the penalty for not using the seatbelts?
The
penalty is a fine of RM300 which can be compounded, meaning it can be
paid at the police station or JPJ (be sure to get an official receipt)
if you agree that you were guilty of committing the offence and do not
wish to take the matter to court to argue against the summons. From July 2009, it has been proposed that the fine will be raised to RM2,000 and/or imprisonment of up to one year. Who pays the fine?
The
driver will be charged for the offence if the passenger is below the
age of 17. However, if the passenger is 17 years old or older, then the
summons will be issued to the passenger.  | Vehicles
registered before January 1 1995 (like the 1980 Toyota Corolla DX) will
not be required to have rear seatbelts installed if they are not present | |
My car, a 1980 model, did not come with rear seatbelts. Do I have to fit seatbelts to avoid committing an offence? As
your car was registered before January 1 1995, it is exempted from the
law and rear passengers will not be committing an offence if they are
not belted up. The new law requires only affected vehicles after
January 1 1995 to have rear seatbelts installed for use by passengers.
Nevertheless, it is a good idea to encourage all occupants to use the
seatbelts if present. Generally, most vehicles sold during the 1990s
would have had rear seatbelts installed although certain models had
them omitted. Manufacturers such as Perodua, Proton and Honda have
offered to provide owners of affected vehicles the missing seatbelts
free of charge through their authorized service centres. How long do I have to install the seatbelts if they are required?
Affected
vehicles which do not have rear seatbelts will be required to have them
installed within three years from January 1 2009. Must the seatbelts be the 3-point type only or are 2-point lap belts acceptable?
It
depends on the available anchorage points to mount the seatbelts. Most
modern vehicles, including MPVs, typically have 3-point
retractable-type seatbelts for the passengers next to the doors.
However, both types of seatbelts should be acceptable in as far as the
law is concerned.  | It
is dangerous to drill holes in the bodywork as the structure can be
weakened and have reduced ability to withstand impact forces during an
accident | |
Can I buy seatbelts and install them myself?
Not
many places sell seatbelts but even if you get them yourself,
installation is not a matter of drilling holes in the floor or roof
pillars and screwing the bolts in to secure the seatbelts. In fact, it
is dangerous to drill holes in the floor and bodywork as the structure
could be weakened and fail to withstand impact forces during a severe
accident. The proper way is to bolt the seatbelts to special anchorage
points which the engineers have provided as part of the vehicle’s
design.
It is best to consult the manufacturer on
this matter if you have to fit seatbelts and should it not be possible,
the manufacturer should be able to support your application to the JPJ
for exemption due to technical issues. Can I buy seatbelts from those shops which sell used parts?
It
is not advisable as the condition and age of the seatbelts is unknown.
The material for the seatbelt can last some time but can also
deteriorate if not kept clean, weakening it. The catch in the automatic
reel which activates during a sudden impact to lock the seatbelt and
restrain the body may also be damaged (it is usually deformed after a
severe accident which causes the seatbelt to be heavily loaded) and not
work any longer. I own a MPV with three rows of seats so do the passengers in the third row have to use their seatbelts as well?
Yes, those in the third row will also have to buckle up at all times. What about very small children? Do they need to use the seatbelt too?
The
new law does not take into account very small children at all. If you
are a parent with a very small child, you should buy a childseat which
can be strapped onto the rear seat and the child secured in it. Very
small children should not use the normal seatbelts as they can slip
through or the diagonal strap could choke their neck in a severe
accident as it is wrongly positioned.  |  | Infants should be placed in a babyseat which is securely held in place by the seatbelt straps | Small children need a booster seat to raise their height so the seatbelt is properly positioned over their body | |
Childseats
can be positioned facing forward or rearwards although safety experts
say that facing rearwards is better. However, it may be more comforting
for the child to be able to see the parent in front so it’s up to you
to decide. For older children still small in size, it is advisable to get a
'booster’ seat which raises them slightly so that their body will be
correctly positioned in relation to the seatbelt. It is important to
understand that not only does the diagonal belt play an important role
in restraining the body from being flung forward but the lap belt must
also be properly positioned to be prevent 'submarining’ where the body
can be forced under the seatbelt during a severe accident.  | Pregnant women are also required to use seatbelts at the rear and should position the straps properly as shown above | |
Are pregnant women exempted from the new law?
Seatbelt
laws have never exempted pregnant women sitting at the front and the
new law does not do so for rear passengers. While many women may be
worried that the seatbelt could cause more harm than save them (and
their baby) during an accident, safety researchers say that this is not
true. The baby is already well cushioned in the body so it is vital for
the mother to ensure that her body is protected from harm, which means
being properly restrained during an accident. The normal 3-point
seatbelt can be used but the lap belt should be positioned low, across
the hip bones, under the abdomen. The diagonal strap should be placed
next to the abdomen, between the breasts and along the side of the
belly. How about physically-handicapped persons?
The
law does not mention this category of passengers although there is no
reason why they should not also be buckled up unless there is an
unusual condition which prevents them from using a seatbelt or that it
causes them severe discomfort. In such a case, it is best to obtain a
letter from a doctor or medical specialist and approach the JPJ for an
exemption letter.
Source: http://www.motortrader.com.my/NUS/articles/article_1729/page_m.asp
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