Uber is still illegal, insists minister
KUCHING: It is still illegal to run Uber in Malaysia as there is yet any provision under the law that allows the operation of this app-based ride service.
Minister in Prime Minister’s Department Datuk Nancy Shukri pointed out that although there was no specific law to govern such service yet, the authority could still take action against Uber operators under the Road Transport Act 1987 such as seizing the vehicles of Uber operators who had yet to obtain permit from the relevant board.
“For the time being, it is still illegal for Uber to operate across Malaysia,” she told reporters here yesterday.
She also disclosed that there was a proposal to amend the Road Transport Act 1987, which could pave the way towards the legalisation of Uber in Malaysia.
This proposed amendment, according to her, came with the Taxi Transformation Plan (TTP) recently presented by the Public Land Transport Commission (SPAD) in Kuala Lumpur.
“The plan is still awaiting cabinet approval, and will be tabled in Parliament later to set up the provision of law to regulate Uber service.
“However, until the amendment is passed in Parliament , Uber would still be considered illegal – even if the Commercial Vehicles Licensing Board (LPKP) Sarawak has issued the permit for it,” she pointed out.
As such, Nancy said she had directed LPKP Sarawak and LPKP Sabah to learn more about the TTP proposed by SPAD so that they could decide whether they agreed to the plan.
“At the moment, there is no agreement yet – let alone the allowance for Uber to operate. Now, I’m waiting for LPKP to get the sharing (of TTP) from SPAD. SPAD has tabled the plan to the cabinet through me, so what has been tabled should be shared.”
To a question, Nancy said operator who ran taxi or similar services without any authorised permit would be deemed as having committed an offence, based on a number of provisions under the Act.
Asked how the authority could identify and pick up Uber operators, she acknowledged that this was a challenge.
Nevertheless, she cited a case in Kuala Lumpur where an enforcing officer who acted under the pretext of being an ordinary customer asking for service, successfully apprehended one Uber operator.
“This particular case went to court, but in many cases, they (Uber operators) could smell any ‘undercover officer’ – so, they’re not so easy to catch.
“In order to bring people to court, you need to have documentation (such as receipts) to show that there is a transaction (taking place). However, Uber operators conduct the deals via credit cards and if they could smell that you are an undercover (officer), they wouldn’t want to charge you. When they don’t charge, you won’t have any documentation to prove that they are operating as Uber drivers.”