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Fatal crash drivers could face asset seizure if compensation to victims unpaid, says Loke

KUALA LUMPUR, Oct 15 — Proposed amendments to federal road transport laws could empower courts to seize the assets of drivers convicted of fatal crashes if they fail to pay...

Malay MailSyed Jaymal Zahiid查看原文 ↗
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The Malaysian government is drafting amendments to the Road Transport Act 1987, aimed at establishing a mandatory compensation mechanism for victims of fatal crashes caused by reckless driving and DUI.

These amendments may include empowering courts to seize assets of convicted drivers who fail to pay court-ordered compensation.

The Transport Ministry is considering stricter penalties, such as heavier fines or longer prison sentences, to ensure financial restitution to victims' families.

The proposed changes, aligned with international and Islamic principles, address public demand for better victim compensation, with the legislative process expected to culminate in Parliament by early 2027.

KUALA LUMPUR, Oct 15 — Proposed amendments to federal road transport laws could empower courts to seize the assets of drivers convicted of fatal crashes if they fail to pay court-ordered compensation to victims’ families, Transport Minister Anthony Loke told Parliament today.

The government is currently drafting amendments to the Road Transport Act 1987 (Act 333) to establish a mandatory compensation mechanism for victims and next-of-kin affected by reckless driving and driving under the influence (DUI).

Replying during Question Time, Loke revealed that the ministry is exploring asset seizure alongside tougher secondary penalties, such as heavier fines or extended prison sentences to prevent convicted drivers from evading financial restitution.

“What happens if they are unable to pay that compensation? Under existing provisions in other acts, if they cannot afford to pay the compensation, there may be an additional fine or a heavier prison sentence imposed, on top of the original sentence,” the minister said.

“Secondly, we are also looking into whether the seizure of the offender’s assets can be carried out,” he added.

“However, I do not want to make any premature judgments because this matter is still under study as to what the best mechanism would be... the underlying spirit is indeed about finding a mechanism to ensure that the compensation can truly be paid to the heirs or families of the victims.”

The legal overhaul follows heightened public outcry over recurring fatal crashes caused by impaired drivers. Under current legislation, while offenders face imprisonment, heavy fines, and licence disqualifications, victims’ families are often forced to endure lengthy, costly civil proceedings to claim damages.

The proposed amendments under Act 333, according to the government, align with international legal principles and the Islamic concept of diyat, or financial compensation to the victim’s heirs.

The Cabinet approved the policy in principle earlier this year, and Loke stated that the amendment bill is expected to be tabled in Parliament in early 2027, following final policy formulation, legislative drafting by the Attorney General’s Chambers, and stakeholder engagements.

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