PETALING JAYA: In a major shift to traffic laws, reckless and dangerous drivers may soon be ordered by courts to pay financial compensation directly to their victims or surviving family members.
Transport Minister Anthony Loke (pic) announced that the Cabinet agreed in principle on July 15 to amend the Road Transport Act 1987 (Act 333).
The proposed changes will introduce court-ordered compensation as an additional penalty for serious traffic offences, alongside existing punishments like jail time and fines.
The ministry aims to table the drafted Bill in Parliament by year-end.
“What we want to propose is a new mechanism in our legislation where the court can order the guilty party to pay compensation to the victim’s family,” Loke said during a press conference at his ministry in Putrajaya yesterday, reiterating that this will not replace existing sentences.
The proposal received strong support from the Prime Minister and Cabinet members with a legal background.
Under the proposal, compensation amounts will not be fixed automatically or administratively by the government, but determined by the courts based on the facts and merits of each case.
Factors to be considered include the seriousness of the offence, injury or loss of life, the losses suffered by the victim or heirs, and the offender’s ability to pay.
The mandate will strictly apply to prospective cases once enacted.
Additionally, it will not affect the rights of victims or their family members to pursue insurance claims or civil suits through existing legal avenues.
Loke noted that many families currently struggle to obtain justice because civil claims are costly, require lawyers, and can take years to conclude even after a criminal case has ended.
“We want to place an element of compensation within the criminal process itself so that victims’ families are not left without redress simply because they cannot afford or sustain a civil suit,” he said.
The scope of the proposed law will cover cases involving drunk or drug-impaired drivers and other serious traffic offences.
However, detailed definitions – such as what constitutes “serious injury” – still need to be worked out with agencies, including the Health Ministry.
“This is not a simple amendment. It involves many details, mechanisms and a wide scope, including insurance,” he said, noting potential challenges, such as what happens when an offender cannot afford to pay.
“There are various models overseas, and we need to study them in depth. It is pointless to pass a law that cannot be implemented.”
The ministry will conduct engagement sessions with stakeholders, including other ministries, enforcement agencies, and the insurance sector to address legal and operational issues before finalising the Bill.
Concurrently, the Kejara system will be reviewed and tightened as a preventive tool to identify and control high-risk and repeat offenders.
This includes clearer notification procedures, representation and review processes, and the adjustment or removal of demerit points where offences are not proven.
Once the draft amendments receive their first and second reading in the Dewan Rakyat, the Bill will be referred to a Parliamentary Special Select Committee.
This would allow MPs from both sides of the aisle, as well as experts and civil society, to scrutinise the proposals in detail, similar to recent Bills on maritime matters and freedom of information.
“We need consensus from all parties, which is why the drafted law will undergo committee scrutiny before seeking final Cabinet approval to ensure comprehensive buy-in,” Loke said.
