So many laws, so little enforcement

The Star Online

There is sufficient legislation governing the express bus industry which is responsible for the lives of many but lax enforcement remains the problem.

CAN our officials in charge of road safety and politicians please shut up and stop appearing in front of television cameras each time a bus tragedy occurs?

Their oft-repeated views hold little value, especially to the families of innocent passengers killed in accidents caused by rogue drivers or sleepyheads not fit for driving.

In the latest tragedy last Saturday, a double-decker express bus skidded and crash into the divider on the North-South Expressway (NSE) in Ipoh, leaving 10 passengers dead and three injured.

There always a big hue and cry after each tragic episode. A customary probe and an increased enforcement are the usual knee-jerk responses.

But we expect the checks and issuance of summonses to peter out, especially when bus drivers retaliate by not turning up for work.

Operators would plead with the authorities to go easy on enforcement and soon enough, it will be back to the old “close-one-eye” scenario until the next tragic accident.

May I suggest that top officials of the Road Transport Department, the Road Safety Department, and senior traffic police officers take a drive on the 880km NSE at night?

They should be able to experience the scare of driving next to speeding express bus drivers and tour bus drivers, including those from our strict-on-rules southern neighbours.

Passengers and other motorists are subjected to huge risks by these reckless daredevils, who also include texting truck drivers,

My closest shave with one of them came between the Seremban and Malacca stretch around midnight on Dec 23.

An express bus that must have been running at 130kmh, forced me off the fast lane to the middle lane near Rembau area.

While I was still in the lane a short distance down, another express bus and a Singapore-registered tour bus overtook my car on the right AND the left.

At the speed these buses run, it is a miracle that deaths are not daily occurences.

Part of the problem is the poor pay given to drivers in what must surely be a lucrative business that has 187 players and more clamouring to come in.

With a basic salary as low as RM500, drivers have to earn “trip allowances” to take home between RM2,000 and RM3,000 a month. That usually means forgoing sleep or staying awake with the help of drugs.

Their use of psychotropic pills is old hat but the issue remains unresolved.

Two years ago, the Consumers association of Penang (CAP) highlighted the confession of a drug user — an express bus driver who had been plying the Kuala Lumpur-Terengganu route for 10 years.

With the the pill, he said “eyes were awake but the brain is asleep”, adding that most drivers tend to speed because they would otherwise feel sleepy.

His confession came in the wake of the country’s worst express bus tragedy. Twenty passengers died when the bus heading from Johor Baru to Alor Star, skidded and overturned on the expressway near Bukit Gantang, in Perak.

In the 4am accident, the bus crashed through the guardrail, continued its run into a concrete drain and fell into a 6m ravine.

The express bus industry is responsible for the lives of many. There are sufficient laws under the police, Road Transport Department, Commercial Vehicles Licensing Board and the Road Safety Department to governing the industry.

But as always, the problem lies with lax enforcement.

In addition to the laws, we now have the Safety Health and Environment Code of Practice (SHE COP) for the sector.

The SHE code was developed in 2007 after a series of high profile accidents involving commercial vehicles, notably the Bukit Gantang crash.

The Malaysian Institute of Road Safety Research (Miros), has since conducted a commendable study on its effectiveness.

Miros evaluated speeding violations using Global Positioning System (GPS) units installed in selected buses.

According to Miros director-general Prof Dr Ahmad Farhan Mohd Sadullah, the number of bus accidents dropped by as much as 36%.

But SHE is just a code and not compulsory. There are 165 fleet operators out there who have yet to comply with its requirements.

The Cabinet Committee on Road Safety chaired by Prime Minister Datuk Seri Najib Tun Razak, which is scheduled to meet soon, should seriously think about making the code mandatory for all commercial vehicles.

With self-regulation being the focus of the code, express bus firms must bear more responsibilities, with CEOs made accountable for accidents involving their buses.

The onus should be on the companies to initiate the right policies, set up effective organisation and frameworks for planning and implementation, conduct evaluations and take actions for improvement.

But then again, if the code is made compulsory as yet another punitive law, would there be effective enforcement?

> Associate Editor M. Veera Pandiyan likes this quote by Austrian satirist Karl Kraus: What good is speed if the brain has oozed out on the way?

Lowly-paid and exhausted drivers behind most accidents

PETALING JAYA: They are underpaid, undertrained and overworked. And they lie at the bottom of the pile as far as commercial vehicle drivers are concerned.

While lorry and truck drivers can earn between RM4,000 and RM5,000 a month, non-unionised bus drivers get as little as RM500 in basic salary.

To make ends meet, they have to work overtime, drive more trips and in so doing, forgo their sleep.

This, many say, is the real reason why shocking express bus accidents still occur with horrifying regularity.

Checks with trade organisations and unions revealed that bus drivers are among the lowest paid drivers of commercial vehicles.

The Pan Malaysian Bus Operators Association (PMBOA) and the Transport Workers Union (TWU) say the average pay for a driver with five years’ experience is between RM2,000 and RM3,000 including allowances. Lorry drivers are paid much more.

The lower salary tends to compel drivers to work longer than they should, and some take drugs to stay awake.

TWU secretary-general Datuk Zainal Rampak believes there are about 2,000 non-unionised drivers compared to over 4,000 who work with companies which allow union representation.

“Records show that many accidents involve express buses companies whose drivers are not unionised,” he said.

He pointed out that the employees of Sani Express Sdn Bhd, whose bus slammed into a divider on the North-South Expressway near Ipoh killing 10 passengers on Sunday, were not unionised.

However, this does not mean that Sani Express’ drivers are underpaid.

Zainal said another shortcoming was a lack of training for drivers.

The Government, he said, should seriously check on express bus driver training, experience and physical fitness before allowing them to drive long distance.

“Some drivers who have just received their public service vehicle licence have been told to drive long distances immediately,” he said.

PMBOA president Datuk Ashfar Ali said bus drivers are “being paid well”, and he agrees that there should be training for them.

He said the Government should come into the picture by giving soft loans, such as those provided for unemployed graduates, for training for commercial vehicle driving.

“Driving a bus or lorry is a skill. It is like learning to use a computer,” he said.

He said the industry at the moment makes its new drivers work through a trial period on short-haul routes before “graduating” to long-distance drives.

Commercial Vehicle Licensing Board chairman Datuk Halimah Sadique said bus operators must look into the welfare of their drivers as a way to prevent mishaps.

“You can have a bus with a speed limiter and GPS but if the driver is not good or is inexperienced, it defeats the purpose of such technology,” she said.

“This is about the safety of people,” she said.

Currently, there is no centralised training programme for commercial vehicle drivers except for the Road Transport Department test for them to obtain their public service vehicle or goods driving licences.

An attempt was made in 2005 to make drivers of commercial vehicles undergo compulsory training at a privatised training facility but the proposal met strong objections and was postponed indefinitely.

Double decker bus drivers need additional training

IPOH: The Malaysian Institute of Road Safety Research (Miros) has urged the Commercial Vehicle Licensing Board (CVLB) to exercise caution when approving permits for double-decker buses.

Its director-general Prof Dr Ahmad Farhan Mohd Sadullah said a more capable driver was needed to drive that kind of bus.

”Double-decker buses have different requirements and only professional drivers should be allowed to handle it,” he told a press conference here Sunday.

Dr Ahmad Farhan, who was here with Road Safety Department director-general Datuk Suret Singh to inspect the ill-fated Sani Express coach, added that drivers handling double-decker buses should be given ample training.

On calls that express bus be barred from travelling at night to curb such incidents, Dr Ahmad Farhan said the institute was against the idea.

”Our research shows that half of the passengers who use express bus services travel at night.”

”If the ban is enforced, passengers would have to use alternative mode of transport like motorcycle,” he said, adding that the institute did not want to take the risk as it encourages the people to use public transport.

The institute’s research also showed that passengers preferred to travel at night as they wanted to optimise their time with their family the next day, said Dr Ahmad Farhan.

”What is more important is express bus companies regulate themselves,” he said.

Suret Singh meanwhile said the department was saddened by CVLB decision not to suspend Sani Express coach’s permit.

”It is not a question of making life difficult for passengers but its to show the Government’s seriousness in tackling the issue,” he said, adding that the people would stop using public transport if it was not assuring.

He also hoped that the incident should be a lesson to all express bus drivers.

”If drivers feel sleepy, they should find a safe place to stop and rest or hand over the vehicle to a co-driver,” he said.

Road Transport Department enforcement director Salim Parlan, who was also present, confirmed that the road tax and the driving license of the express bus driver in question were still valid.

”It was also checked by my officers before it departed from Klang on Friday evening and everything was in order,” he said.

In the 1am Saturday incident, 10 people died after the bus skid and crashed into the divider of the North-South Expressway, 5km away from the Jelapang toll plaza.

Bus skidded before crash, survivor recalls

IPOH: The bus that National Service camp commandant Mohd Razip Fadzil was on had just left the Tapah rest area when he started to doze off.

However, less than an hour after the stop on the North-South Express­way, he was rudely jolted from his slumber and thrown from his seat at the back of the bus to the front near the driver.

“I was too shocked to realise that there had been an accident until I saw bodies in front of me,” he recalled.

Mohd Razip, 43, was admitted to the Raja Permaisuri Bainun Hos­pital here with four broken ribs. “I am thankful to be alive,” he said.

The horrific crash early yesterday killed 10 passengers and left three injured.

Two of the injured were discharged from the hospital yesterday after receiving treatment.

All 10 victims died on the spot. The impact of the crash caused two to be thrown outside the bus. One of the victims was decapitated.

Another passenger Marziana Mah­­mud, 24, alleged that the driver had appeared drowsy moments be­­fore the accident.

“The vehicle was veering to the left and right before it hit the divider and side railings,” claimed the civil servant who was seated in the front seat on the upper deck.

It was a heart-wrenching scene at the mortuary here as relatives came as early as 8am to claim the victims’ bodies.

Ng Chin Beng, 47, said his eldest daughter Poh Ngoh, 23, had gone to Shah Alam for a job interview.

Ng, who also lost his 14-year-old son Kah Kit in the incident, said Poh Ngoh had graduated from Universiti Utara Malaysia recently.

“She was successful in the interview and they wanted my daughter to start work on Jan 4,” said the father of four in between sobs.

Ng, a businessman, added that his children were to have reached Alor Setar at 5am.

“When they did not arrive, I frantically called their mobile phones.

“The death of my children was confirmed by a policeman who picked up my son’s phone,” he said.

Another victim Noor Jismi Noor­din, 25, was returning to Kangar for his engagement.

His brother Noor Jafni said Noor Jismi, who started working in a printing plant in Shah Alam just three months ago, was to be engaged today.

Mohd Razzekhi Musa, 33, said his father Musa @ Ismail Abdullah had gone to Shah Alam to attend a relative’s wedding.

“I was supposed to pick him up at 3am in Sungai Petani. When he failed to turn up by 4am, I called the police who confirmed my father’s death,” he said.

In Klang, Mohd Arif Andi Shaharin said he last saw his parents Shaharin Mohd Noor and Supiah Adam when they boarded the express bus at the Section 17 bus terminal in Shah Alam on Friday night.

“We never thought it would be the last time we would see them alive,” said Mohd Arif Andi, 23, who has four siblings.

Mohd Arif Andi said his lorry driver father often travelled to the northern states for work and sometimes took his wife along.

He said he was informed of the tragedy at 7am yesterday and rushed with his siblings to Ipoh to claim their parents’ remains.

“We are shattered but accept it as Allah’s will,” said Mohd Arif Andi.

Horror before shift change

IPOH: Driver Mohd Kamil Mohd Ra­­shid was feeling sleepy as his bus was leaving the Tapah rest area.

He had planned to have his co-driver take over at the next stop — the Sungai Perak rest area.

They never made it that far.



The double-decker express bus skidded and crashed into a road divi­der, killing 10 passengers less than an hour later, just 5km before the Jelapang toll plaza.

The 38-year-old driver admitted that he had dozed off prior to the ac­cident, said Ipoh traffic chief De­­puty Supt Mohd Rodzi Rajab.

“He had stopped at the Tapah rest area earlier and planned to change duty with his co-driver at the Sungai Perak rest area,” he said.

Supt Mohd Radzi said that Mohd Kamil tested negative for alcohol and drugs.

Co-driver Mohd Syahridzal Abu Hassan, 24, escaped unhurt.

DSP Mohd Rodzi said Mohd Kamil has been remanded until Wednes-day to facilitate investigations.

He said that the bus had no previous speeding summonses.

However, it is learnt that the driver has a past traffic record.

The double-decker bus, owned by the Klang-based Sani Express Sdn Bhd, skidded before hitting a road di­vider at the 272nd kilometre stretch of the the North-South Ex­­press­­way at 1am yesterday.

All the 10 victims were seated on the lower deck of the bus, which departed from Klang at 9pm on Friday for Kangar in Perlis with 48 passengers.

Perak Mentri Besar Datuk Seri Dr Zambry Abd Kadir said the Govern­ment should consider ban­­ning night trips by express buses.

“If the move will safeguard the lives of the people, it should be considered,” he said at the Raja Per­mai­suri Bainun Hospital mortuary here yesterday.

Dr Zambry was there to console families of victims in the horrific crash, which also left three injured.

The dead were identified as Shaharin Mohd Noor, 61, and his wife Supiah Adam, 46, of Taman Setia in Klang, Musa @ Ismail Abdul­lah, 64, from Gurun, Mohd Shukri Mohd Ali, 22, of Sungai Besar, Noor Jismi Noordin, 25, from Kangar, Mohd Bilal Osman, 22, from Sungai Besar, siblings Ng Poh Ngoh, 23, and Ng Kah Kit, 14, from Alor Setar, sisters Sharifah Raheel Al-Junid Syed Harun, 21, and Sharifah Hasanah Al Junid Syed Harun, 15, from Sungai Petani.

Sani Express chief executive officer Mejar (R) Haji Abu Bakar Moham­mad said the bus, which had been in service for three months, was well maintained and in good condition.

Initial investigations based on the on-board global positioning system found that the bus was not speeding as it was fitted with a speed-limiter, he said in a statement yesterday.

“We are waiting for investigations to be concluded and we will act ac­­cording to the report,” he said.

He added that his company would fully cooperate with the authorities.

Mejar Abu Bakar also said the company would be allocating some money for the families of each victim.

10 killed, 2 injured in accident in Ipoh

IPOH: Ten passengers died while two were injured, one seriously, after a double-decker Sani Express coach skidded and hit a road divider at KM272.8 North-South Highway heading north eight kilometres from the Ipoh Selatan toll plaza at 1 am.

The 12 people had been seated on the lower deck of the bus, said state traffic police chief Supt Wan Abdullah Ishak said.

The two drivers and 36 other passengers were unhurt, he added.

Wan Abdullah said those killed in the accident were Shaharin Mohd Nor, 61, and Supiah Adam, 46, (believed to Shaharin's wife), both from Taman Setia, Klang, Selangor; Musa alias Ismail Abdullah, 64, from Gurun, Kedah; Mohd Shukri Mohd Ali, 22, of Sungai Besar, Selangor; Noor Jasmi Noordin, 25, from Kangar, Perlis Mohd Bilal Osman, 22, from Sungai Besar, Selangor; Ng Kah Kit, 14, (a boy) and Ng Poh Ngoh, 23, (a woman) from Alor Star, Kedah (their relationship has yet to be established); Sharifah Raheel Al-Junid Syed Harun, 21, from Sungai Petani, Kedah; and a woman believed to be a Malay, who has yet to be identified.-- Bernama