Following its plans to implement a compensation mechanism for victims of reckless driving, the Transport Ministry intends to refer the proposed bill to a parliamentary special select committee (PSSC) after its first and second readings in the Dewan Rakyat.
Transport Minister Anthony Loke said the move is aimed at securing cross-party support while allowing the proposed amendment to undergo comprehensive scrutiny before it is passed.
“I believe this bill will have a significant long-term impact, as it alters the legal framework governing road usage.
“The Transport Ministry naturally aims to implement measures that protect road users and yield positive long-term results.
“Therefore, we will exercise great care in the drafting and formulation of this bill,” he said during a press conference at the ministry today.
Loke added that the cabinet has given its approval in principle to the proposed amendments, and it will now be brought on to the next stage.
The amendments to the Road Transport Act 1987 seek to introduce a compensation mechanism allowing victims of reckless driving, or their next of kin, to claim compensation from offenders.
He said the government does not intend to prescribe the compensation amount automatically or through administrative means but will instead be decided by the courts based on the facts and merits of each case.
This includes the seriousness of the offence, the extent of injuries or loss of life, the losses suffered by victims or their families, and the offender's ability to pay.
“Currently, offenders are only subject to imprisonment or fines. However, there is no provision for compensation to the victim's family.
“Therefore, we aim to establish a new mechanism within our legislation whereby the court can also award compensation to the victim's family upon a finding of guilt. So, that is how we intend to further strengthen and refine our law,” he said.
The minister also noted that the proposed mechanism would not affect victims' or their families' rights to pursue insurance claims or civil action through existing legal channels.
No timeline
Queried on when the amendment will be tabled, Loke said no timeline has been set as of now, as he does not want to rush through the process and take into account every party’s opinion.
“If time permits, we certainly intend to table it at the parliamentary session later this year. Perhaps following the budget debate in November.
“It depends on whether we can finalise the drafting of the bill in time, as it involves a great deal of detail,” he said.
This includes clarifying key definitions and addressing practical issues surrounding the proposed compensation mechanism, including how compensation orders would be enforced if an offender is unable to pay.
Loke stated that he had instructed the ministry to engage with relevant agencies, ministries and stakeholders, including insurance providers, and to hold workshops to identify implementation challenges before drafting the legislation.
“Many parliamentarians have raised this issue, but we must look closely at the details and the mechanism itself. After all, a law is useless if it cannot be implemented.
“We hope that the public, as well as stakeholders and experts, will follow these developments and come forward to share their views with the government,” he said. - Mkini
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