PETALING JAYA: Proposals to amend the Road Transport Act 1987 are currently being studied to compel those convicted of fatal intoxicated driving to compensate the victims’ next of kin, says the Transport Minister.
Under the review, those convicted of driving under the influence (DUI of either drugs or alcohol, or both) will have to make these reparations on top of serving their prison sentences, said Anthony Loke (pic).
Loke, through a statement from the Transport Ministry, was responding to the latest high-profile road tragedy on Sunday, where a motorcyclist identified as Amirul Hafiz Omar was killed by an apparently intoxicated driver in Jalan Raya Barat, Klang.
Road safety advocates have argued that there is no dedicated compensation for victims or support for families of victims of DUIs under the regulatory framework.
In a response to the DUI incident, Malaysian Medical Association president Datuk Dr Thirunavukarasu Rajoo emphasised that justice must go beyond punishment to support victims’ families.
“Malaysia currently lacks a dedicated compensation mechanism for victims of DUI, whether involving alcohol or drugs, and the financial penalties imposed on offenders do not directly support the families of victims,” he said in a statement yesterday.
Dr Thirunavukarasu said the establishment of a dedicated DUI Victim Compensation Fund will enable the provision of prompt financial support to affected families, along with possible legal aid to ensure equitable access to justice.
In a statement yesterday, Umno Youth chief Datuk Dr Muhamad Akmal Saleh suggested that the perpetrator pay mandatory compensation to the victim’s family.
He said if the perpetrator is unable to afford the payment, alternative liability mechanisms, including the involvement of the perpetrator’s next of kin, need to be considered.
Dr Muhamad Akmal also suggested a pooled scheme for financial assistance should be made mandatory for all driving licence holders to ensure immediate assistance to the next-of-kin under such circumstances.
On current penalties to address DUI, Loke said the current amendments of the Road Transport Act 1987 were approved in the Dewan Rakyat and came into effect in October 2020, providing for stiffer penalties for offenders.
“Under Section 44 of the Road Transport Act 1987, any individual who drives under the influence of alcohol or drugs resulting in death may be sentenced to imprisonment of not less than 10 years and not more than 15 years, and fined between RM50,000 and RM100,000 if convicted.
“For repeat offences, the penalties are heavier, which is imprisonment of not less than 15 years and not more than 20 years, and fines between RM100,000 and RM150,000,” he said.
Loke also urged the police to conduct a thorough probe so that investigation papers can be forwarded to the Attorney General’s Chambers for further action, and that the maximum sentence should be imposed in the event of a conviction.
He said the matter is viewed seriously, and stresses that the government will not compromise with any individual caught for DUI as it clearly endangers other road users.
“The ministry extends its condolences and sympathy to the family of Amirul Hafiz Omar.
“This loss is deeply heartbreaking, and such incidents not only claim innocent lives but also constitute criminal negligence that is completely unacceptable,” he added.
