KUALA LUMPUR, Oct 16 — The government has been urged to consider establishing an initial assistance mechanism or compensation fund to ensure victims of accidents caused by alcohol- or drug-impaired drivers receive financial support even when offenders are unable to pay.
The proposal follows the government's plan to amend the Road Transport Act 1987 (Act 333) to require offenders to compensate victims.
Chartered Institute of Logistics and Transport Malaysia (CILTM) president Prof Dr Muhammad Zaly Shah said a court ruling in favour of victims did not necessarily guarantee compensation if offenders had no income or assets.
He said the proposed fund could help eligible victims meet urgent needs while details of the payment mechanism, including funding sources, eligibility criteria and assistance limits, were being worked out.
"Eligible victims could receive assistance for urgent needs without having to wait for the offenders to pay compensation," he told Bernama when contacted.
Muhammad Zaly said offenders must remain responsible for paying compensation, while possible recovery mechanisms could include instalments based on their ability to pay, deductions from their income or enforcement against their assets, subject to existing laws and court decisions.
He stressed the need to distinguish between offenders who were genuinely unable to pay and those attempting to conceal assets or deliberately evade payment.
He added that compensation should complement criminal punishment rather than replace it simply 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.
Last Friday, Prime Minister Datuk Seri Anwar Ibrahim announced during the tabling of Budget 2027 that the government would amend Act 333 to require drivers under the influence of alcohol or drugs to compensate victims.
Meanwhile, defence lawyer J Matthews described the proposed amendment as a measure that could strengthen accountability among road users and ease the financial burden on victims and their families, particularly in fatal accidents.
However, he said its implementation would require clear guidelines, particularly regarding existing penalties, offenders' ability to pay compensation and the legal rights of all parties.
He said existing provisions under Act 333 imposed fines for the offences, in addition to mandatory imprisonment upon conviction.
As such, 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 said accused persons or offenders should be given the opportunity to challenge the amount of compensation imposed.
Potential overlaps between compensation awarded in criminal proceedings and civil claims should also be clarified to protect the rights of both victims and accused persons, he added.
