KUALA LUMPUR: The government has been urged to explore an initial aid mechanism or compensation fund for victims of accidents caused by alcohol- or drug-impaired drivers.
This is to ensure they receive assistance even if the offenders are unable to pay compensation, following a proposal to amend the Road Transport Act 1987.
Chartered Institute of Logistics and Transport Malaysia (CILTM) president Prof Dr Muhammad Zaly Shah said a court ruling in favour of victims does not guarantee compensation if the offenders have no income or assets.
He said the fund could help victims meet urgent needs while the payment mechanism – including funding sources, eligibility criteria and assistance limits – is being worked out.
"Eligible victims could receive assistance for urgent needs without having to wait for the offenders to pay compensation," he said when contacted.
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Prof Zaly said offenders must remain responsible for paying compensation, while methods of recovering payment could be explored through instalments based on their ability to pay, income deductions or enforcement against assets, subject to the law and court decisions.
He said genuine financial incapacity must be distinguished from attempts to conceal assets or deliberately evade payment.
He added that compensation should complement criminal punishment and should not replace it merely because an offender could afford to pay.
"The amount of compensation should also take into account medical treatment and rehabilitation costs, loss of income, long-term care and the needs of the victim’s dependants," he said.
On Oct 9, Prime Minister Datuk Seri Anwar Ibrahim, when tabling Budget 2027, announced that the government would amend the Act to require drivers under the influence of alcohol or drugs to pay compensation to victims.
On Thursday (Oct 15), Transport Minister Anthony Loke said in the Dewan Rakyat that the amendments are expected to be tabled early next year.
He said asset seizure could be among the measures taken to ensure that offenders compensate victims.
ALSO READ: Seize assets to pay victims
Meanwhile, defence lawyer J. Matthews described the proposed amendment as one that could enhance road users’ accountability and ease the financial burden on victims and their families in the event of fatalities.
However, he said its implementation would need to be supported by clear guidelines, particularly concerning existing penalties, offenders’ ability to pay compensation and the legal rights of all parties.
He said the existing provisions under the Act stipulate fines, in addition to mandatory imprisonment upon conviction.
In this regard, he proposed that the government review the fines payable to the court if offenders were also required to compensate victims.
"The question that arises is whether an accused person would be prejudiced if they were fined and, in addition, ordered to pay compensation to the victim," he said.
Matthews said the guidelines should also specify the action to be taken against offenders who failed to pay compensation, including whether an inability to pay could result in imprisonment.
He also believes that offenders should be given the opportunity to challenge the amount of compensation imposed, while potential overlaps between the amount awarded in criminal proceedings and civil claims should be clarified to protect the rights of both victims and accused persons. – Bernama
