Legal expert M Partiben has proposed that motorists who drive dangerously and cause fatalities should be investigated under Section 300(d) of the Penal Code for murder without intent. This suggestion comes as an alternative to the current application of Section 44(1) of the Road Transport Act 1987. According to Partiben, Section 300(d) specifically defines murder as an act committed with the full knowledge that it is imminently dangerous and poses a significant risk of causing death.
The lawyer explained that while Section 44(1) typically covers deaths resulting from driving under the influence of drugs or alcohol, Section 300(d) focuses on the inherent danger of the act itself. He highlighted a recent tragic accident in Klang involving a Honda City and a motorcyclist, noting that a conviction could be secured if it is proven the driver knew their actions were life-threatening. He likened such reckless driving to firing a weapon into a crowd, where the high risk to human life is evident even without a specific target in mind.
Cases classified under this section of the Penal Code are usually read alongside Section 302, which carries much heavier penalties including the death physical or a lengthy prison sentence and caning. In contrast, Section 44(1) of the Road Transport Act currently provides for a maximum of 15 years in prison and a fine not exceeding RM100,000. Partiben argues that the severity of the consequences for victims warrants a shift toward more stringent legal provisions to reflect the gravity of the offence.
To further deter such incidents, the lawyer recommended several legislative reforms, including increasing maximum fines to RM150,000 and extending prison terms to 20 years for specific high-risk cases. He also suggested that driving license suspensions should be lengthened to 10 years, up from the current five-year limit, to prevent repeat offenders from returning to the road. Additionally, he advocated for the use of advanced testing technologies and invasive blood tests to ensure accuracy and prevent any manipulation of evidence.
The call for reform follows a horrific three-vehicle collision on Jalan Raya Barat, Klang, where a motorcyclist in his 30s was killed. Preliminary investigations suggest a man in his 20s, suspected to be under the influence of both alcohol and drugs, attempted to overtake several vehicles before slamming into the victim. The force of the impact threw the motorcyclist onto a Perodua Myvi, and he was pronounced dead at the scene. South Klang District Police Chief, Assistant Commissioner Lim Jit Huey, confirmed the suspect is currently being remanded under the Road Transport Act and the Dangerous Drugs Act 1952.
