PUTRAJAYA: Victims of accidents caused by drunk or drug-impaired drivers may soon be able to receive compensation through criminal court proceedings, potentially sparing them the financial burden and lengthy process of pursuing separate civil lawsuits.
Transport Minister Anthony Loke said the government was drafting amendments to the Road Transport Act 1987 to allow judges to order convicted offenders to compensate victims as part of the same court proceedings, instead of requiring victims to pursue separate civil action.
He said the Cabinet had approved the policy in principle, with the Transport Ministry now working with the Attorney-General’s Chambers to prepare the proposed legislation, which could be tabled during the first parliamentary session of 2027.
“Under the current system, we have a dual system. We have a criminal system, we have a civil system.
“For the victims, if they want to get compensation from the drivers, they have to file a civil case.
“This is where the problem lies because some victims do not have the means to file a civil case,” he told a press conference at the Transport Ministry today.
Loke said victims could spend years pursuing compensation through civil proceedings, even after the drivers responsible had been prosecuted for driving under the influence of alcohol or drugs.
He said the proposed amendments aimed to address this gap by allowing criminal courts to determine compensation for victims alongside the prosecution of offenders.
“What we are doing right now is that we want to combine these two into one, so that when the case is brought to the court, the judge can also award compensation to the victims,” he said.
Loke said the approach was consistent with the Islamic principle of diyat, which provides for financial compensation to victims or their families, although the proposed law would apply to everyone regardless of religion.
He stressed that the amendments would require careful consideration of technical and legal issues before they could be tabled in Parliament.
“Perhaps we are targeting the first parliamentary session next year to table it… hopefully, because right now we are still a work in progress,” he said.
The proposal, announced by Prime Minister Datuk Seri Anwar Ibrahim during the tabling of Budget 2027, forms part of the government’s efforts to strengthen accountability for drink-driving and drug-driving offences while ensuring victims have a more accessible route to compensation.
Currently, under the Road Transport Act 1987, Section 44 provides for penalties for driving under the influence of alcohol or drugs and causing death or injury.
For offences causing death, convicted drivers face imprisonment of between 10 and 15 years and fines ranging from RM50,000 to RM100,000 for a first conviction.
Repeat offenders face heavier penalties, including imprisonment of between 15 and 20 years and fines ranging from RM100,000 to RM150,000.
However, criminal penalties do not automatically provide financial compensation to victims or their families, who generally have to pursue separate civil proceedings to recover damages.
The proposed amendments would seek to close this gap by enabling compensation to be awarded as part of the criminal justice process.