The cabinet has agreed in principle with the suggestion to amend the Road Transport Act 1987 (Act 333) to create a compensation mechanism for victims of road accidents as well as the reinforcement of the Kejara demerit system. The suggestion was brought forward by the transport ministry (MoT) and the cabinet agreed in a July 15 meeting.
MoT says that the suggestion is to ensure that offenders do not only face punishment like jail terms, fines and the lost of their driving licenses, but are also responsible for the effects of their actions on the victims and their next of kin.
The ministry hopes that the amount of compensation is not fixed automatically or administratively by the government, but determined by the courts based on the facts and merit of each case, including the level of seriousness of the offence, injury or loss of life, losses faced by the victim or next of kin, as well as the ability of the offender to pay.
The suggested compensation mechanism also will not affect the right of the victim or next of kin to make insurance claims or take civil action based on the current legal channels, MoT’s statement said.
At the same time, the Kejara demerit system will be reinforced as a prevention mechanism to identify and control high-risk drivers and repeat offenders. The suggested improvement involves a clearer demerit notification procedure, representation mechanism and administrative review, and adjustment or removal of demerit points if an offence cannot be proven or no conviction is made.
MoT says that the victim compensation mechanism and the reinforcement of Kejara system are vital steps in strengthening justice, accountability and road safety. It is committed to ensure that the legal framework that will be set up can not just give appropriate defence to victims and next of kin, but to also ensure that offenders are responsible for their actions and prevent repeats.
With the cabinet’s agreement in principle, MoT says that it will now start the process of amendments to Act 333. Details of the suggested mechanism will be studied comprehensively to ensure that the amendments are clear, fair and effective, before being presented back to the cabinet for consideration, and then tabled in parliament.
“I think there’s a lot polemic or talk in the community about justice for victims, and we see that there is precedence in our law that there is indeed a space or a legal provision in other acts that provides compensation to victims, so we want to include this in Act 333 as well. We didn’t have time for it this round, but we will bring it about at the end of the year parliamentary session,” transport minister Anthony Loke said last month.
Aside from these two suggestions, here are the wide-ranging amendments to Act 333 that MoT recently proposed, containing reforms and changes in 11 scopes, covering 42 provisions, from digitalisation of services and enforcement to an increase in the minimum fine rate. More here.
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does it mean that if a reckless biker gets run over by a car , the car driver is personally liable to pay compensation?
Dont u know,there r ‘agents” who will go to the hospital,get the biker to furnish details,to harrass the poor car driver who is not at fault.I saw this with my own eyes,while recovering at the govt hospital.
In the event,say a reckless driver is sent to the cell near Ajibkor’s cell in Kajang,how do u expect the bugger to pay up,while he has virtually little savings,and his family members abandon him?
It is easy to enact laws,but the end result may not be so favourable to the victims.
This is not going to reduce the number of accidents on the road. Look at how these motorcycles go on the road.. there are no rules, they are on the fast lane, they are on the emergency lane, they ride between lanes and they are on the highways even though there are motorcycles lane built for them.
They speed past you on the left, on the right during traffic jams, they don’t give way when you put on your turn indicator.. just honk like as if they are on a monster truck! What if I am on a bad day and I got distracted and couldn’t hear? And they being small, likely may be in the driver’s blindspot.
When it rains, they still speed like nobody’s business, whereas we the driver’s struggle with poor visibility. Then a bunch of them stops under the shade and takes up half the road. A driver turning in may not see them in time.
It’s like the law of the jungle out there. The bikes are zooming all over randomly.. And it’s causing lives. Look at the data for goodness sake! Big large majority of those killed in road accidents are motorcyclists.
I sympathise with the lower income group that they have to rely on the motorcycle for their daily living. We have to accept that. But these motorcyclists need to have discipline on the road and respect that there are other road users too.
What is the government doing to educate them. What is the government doing to teach them road manners and discipline? I don’t remember any campaign on this for ages!
Perhaps Paul Tan can start a campaign on road safety for the motorcyclists?
Most of these rempits don’t even have valid licenses (no need to ask about insurance) how to convict?
What you have said is spot on.. concentrate on these motorcyclists, they are so reckless and behave as if they own the road without realising a little nudge from a car is enough to kill them. Please looks at the statistics or yb why don’t you drive on nkve or federal to see the actual problem
Motocyclists are arrogant for the most part they don’t want to be told anything. Them dying fast is a good thing but just die on the side without getting innocents involved that will be great.
Mat Rempits doing haram superman stunts should be shot dead for the better of mankind. Like to agree, dislike if u think Mat Rempits are halal.
Why no action taken to those riding with no license, roadtax/insurance? No guts?
So if I read this right those poor jobless folk driving around in BMW’s causing mayhem won’t have to pay a penny!