Time For Transport Companies To Be Dragged To Court


 
IT’S time for the authorities to stand firm and adopt zero compromise against operators or transport companies by hauling them to court each time a commercial vehicle road crash records death and injury involving other road users.
48 hours ago, the nation was shaken by the news of the death of a one-year-old baby boy due to a lorry crash where the driver jumped out of the heavy vehicle before crashing into three vehicles at the Kajang Toll Plaza, Selangor.
24 hours ago, a trailer lorry crashed into six vehicles in front of the Masjid Sabak Uni, Jalan Kluang ‒ Batu Pahat, Johor, resulting in the death of a Perodua Viva driver.
Around 2017, the Land Public Transport Commission (SPAD) launched iCOP SHE, a safety code for transport industry companies that includes guidelines, audits and training on safety practice.
Currently, the responsibility has been transferred to the Road Transport Department (JPJ).
Since 2008, I have frequently requested for information from the Commercial Vehicle Licensing Board (LPKP), SPAD, Royal Malaysian Police (PDRM) and JPJ about court cases for road crash charges against operators or logistics operators or express bus companies or directors of commercial vehicle companies due to suspected elements of negligence in terms of operation or unsatisfactory vehicle conditions.
I have also sought court documents and requested confirmation from the authorities and the answer was shocking.
For the record, until this media statement was released, no rail and road transport companies have been dragged to court during the SPAD and LPKP era.
Throughout my observations, including since the establishment of APAD, there has never been a prosecution by JPJ or PDRM in court against commercial transport operators in the aftermath of a heavy vehicle crash resulting in deaths and injuries.
For context, the highest fatalities for a single vehicle incident in Malaysia of 37 deaths in August 2013 involving a stage bus at KM3.6 Jalan Genting Highlands ‒ Kuala Lumpur.

More recently, a tour bus was involved in a fatal crash in Gerik , claiming the lives of 15 Universiti Pendidikan Sultan Idris (UPSI) students four months ago.
However, neither the transport operators nor the directors of the bus companies involved have yet to be charged in court.
I repeat: to this day, the number of land transport operators who have been brought to court for suspected negligence or significant disregard in the safety aspects of their vehicles and daily operations—the number of prosecutions against them so far is zero.
So I am wondering in Oct 2025 if JPJ or PDRM would like to make an unprecedented move by prosecuting a transport operator to court for direct or indirect negligence in road crashes under the company’s operations.
To the best of my knowledge, according to the Land Public Transport Act 2010 and in the permit regulations along with the iCOP SHE safety code, transport companies can be subjected to court action for negligence or failure to comply with safety guidelines.
However, I was informed by several high-ranking government officials that the prosecution of companies is complex due to the legal complications including lack of clear findings and the absence of a specific charge.
In this regard, I urge and appeal to the Minister of Transport (MOT) political will alongside the esteemed individuals in the Cabinet-level Road Congestion and Safety Committee (JKK) which include the MOT secretary-general and the JPJ director-general to no longer tolerate and stop making excuses for not taking action in court against operators or transport companies and company directors.

Now is the right time for the authorities to drag stubborn and negligent transport operators to court. Please wake up, Ministry of Transport and the authorities for the sake of the people’s lives.
I believe the rakyat are jaded by hearing the news of the formation of various committees while the deaths and injuries of road users continue to escalate due to the lack of firm action by the government. 
Shahrim Tamrin is a road safety and sustainable transport activist and a former board member of the Malaysian Institute of Road Safety Research (MIROS).
The views expressed are solely of the author and do not necessarily reflect those of  MMKtT.
- Focus Malaysia


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