A video recently went viral showing a man stopping at a red light on his motorcycle on a zebra crossing, accompanied by a traffic policeman.
While he committed an offence by stopping a vehicle on a zebra crossing, what really caught netizens’ attention was that he was riding without a helmet while wearing a ‘kopiah’, prompting some to question why the policeman didn’t take action.
But the bigger question is: Can someone actually get fined for not wearing a helmet if they’re wearing religious headgear? Here’s what you need to know.
1. A Mufti was caught riding without a helmet in 2017
A similar incident happened in 2017 when a photo went viral showing the then Federal Territories Mufti, Datuk Dr Zulkifli Mohamad al-Bakri, riding pillion on a motorcycle without a helmet, captured by another road user, according to Malaysia Gazette.
He faced public backlash but later took to social media to explain the situation and his reason for not wearing a helmet at the time.
Datuk Dr Zulkifli Mohamad al-Bakri
2. “We would like to apologise to PDRM and JPJ”
Taking to his Facebook account, Zulkifli apologised to the Royal Malaysia Police (PDRM) and the Road Transport Department (JPJ) for his actions.
“Some of you may have seen us riding a motorcycle without helmets earlier. Actually, we were taking part in a programme to observe the Ramadan crescent moon at the Kuala Lumpur Tower. We hope there are no misunderstandings about what happened,” he wrote.
3. “He doesn’t need to apologise”
Following the apology, local media reported that the Director-General of the Road Transport Department (JPJ) at the time, Datuk Seri Nadzri Siron, responded by pointing out that Zulkifli had not committed any offence.
“He doesn’t need to apologise for riding a motorcycle without a helmet. The issue of an apology doesn’t really come up because our law provides an exemption,” said Nadzri.
Datuk Seri Nadzri Siron
4. Does wearing religious headgear exempt you from wearing a helmet?
According to Nadzri, Zulkifli didn’t commit any offence because there’s an exemption for helmet use when it comes to religious matters.
“Those who wear a turban or are involved in religious duties are allowed not to wear a helmet. Maybe the incident went viral online, which led Zulkifli to apologise. But in reality, there was no wrongdoing. Even during enforcement operations, exemptions like this can be granted,” he said.
5. 1973 Helmet Rules actually offer flexibility for religious headgear
Nadzri further explained that under the Motorcycle (Helmet) Rules 1973, read together with the 1975 Exemption, flexibility is granted to those who wear headgear for religious purposes, such as turbans. Among others, these apply to hajj pilgrims, religious scholars (lebai), and Sikhs.
For illustration purposes only
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Also read: Teen Motorcyclists Seen Dangerously Riding Without Helmets on Middle of Selayang Highway
