Calls for legal reforms after fatal student bus crash

Calls for legal reforms after fatal student bus crash

Federal minister Azalina Othman Said moots emulating the UK’s Corporate Manslaughter and Corporate Homicide Act 2007, while Gerak proposes a national road safety action plan.

Azalina Othman
Law and institutional reform minister Azalina Othman Said said it may be time to evaluate the effectiveness of law enforcement measures.
PETALING JAYA:
Calls have arisen for reforms to Malaysia’s legal framework following the accident between an MPV and a bus carrying Universiti Pendidikan Sultan Idris students which claimed 15 lives yesterday.

Law and institutional reform minister Azalina Othman Said said it might be time to evaluate the effectiveness of law enforcement measures, and for the government to consider whether amendments to the Penal Code are necessary.

She also said the government must consider whether a new law, similar to the UK’s Corporate Manslaughter and Corporate Homicide Act 2007, should be introduced.

“This legislation allows a company to be prosecuted for serious failings in the way it manages the safety of its workers or the public, where negligence results in death,” she said in a Facebook post.

She said the UK Act was introduced in response to a number of workplace fatalities where no corporate entity could be held criminally liable under existing laws, particularly in cases involving transport service providers where human lives are at stake and cannot be replaced.

Yesterday, the firm that operated the bus involved said the driver had a good track record.

Kenari Utara Travel & Tours Sdn Bhd also said the bus, which was serviced last month, had no issues and was always sent for servicing on schedule.

Separately, the Malaysian Academic Movement (Gerak) called for the formulation of a national road safety action plan based on the “safe system” implemented in countries like Australia.

It said Australia had succeeded in significantly reducing its road fatality rates through this approach, which focusses on building a system designed to protect users, even when human error occurs.

“Its core principle is that the responsibility for safety does not lie with road users alone, but is shared among all parties, including road planners, engineers, vehicle manufacturers, and enforcement authorities,” Gerak said in a statement.

It added that the safe system approach was founded on four main pillars, the first being the construction of roads that can “forgive” driver errors, such as by installing road barriers and designing safer intersections.

It said the second pillar involves ensuring speed limits that are appropriate for the road conditions, environment, and types of road users.

The third pillar involves encouraging the use of vehicles with modern safety features and ensuring that commercial vehicles are maintained to the highest standards, while the fourth pillar focusses on continuous education and enforcement to cultivate prudent driving behaviour.

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