KUALA LUMPUR: The Road Transport Act 1987 must be amended to ensure companies or employers face harsher penalties if their drivers drive recklessly and cause fatalities.

Human Rights Commission of Malaysia commissioner Ragunath Kesavan said actions that can be taken against such companies include blacklisting them.

He said the amendment is essential to ensure stricter punishments for any driver whose negligence leads to fatalities, especially if it is due to drug abuse.

"The government could consider amending the act to include a clause that holds companies or employers accountable. Directors and shareholders of the involved companies should at least be blacklisted," he told Berita Harian.

Previously, it was reported that two siblings were killed after their house was rammed by a trailer driven by a man in an incident at Km5 of Jalan Pekan-Rompin in Kampung Ketapang Hilir in the wee hours on Saturday.

The accident, which occurred around 4.15am, claimed two lives, Nurnazatul Fasiha Nasruddin, 32, who died at the scene while her brother, Mohd Waldon Faris, 21, was pronounced dead while receiving treatment at Pekan Hospital.

The 40-year-old driver, with an address in Taman Bukit Indah, Johor Baru, is being investigated under Section 44(1) of the Road Transport Act 1987.

Under Section 44 of the RTA 1987 (Act 333/87), individuals driving under the influence of drugs and causing death can be sentenced up to 15 years in prison, and fined between RM50,000 and RM100,000 if found guilty.

Ragunath aid actions against employers can also be taken under the Occupational Safety and Health Act.

When asked whether the lorry driver involved should be charged under Section 304(a) of the Penal Code for manslaughter, Ragunath said it needs to be evaluated based on all the facts of the case.

"Prosecution is based on evidence and related facts. The prosecutor will review all the facts to secure a conviction.

"If the elements under Section 304 are insufficient, the accused will be acquitted without punishment.

"Therefore, the prosecution will assess all the facts of the case to secure a conviction and seek a punishment commensurate with the offence," he said.

https://www.nst.com.my/news/nation/2024/08/1087057/blacklist-companies-reckless-drivers