PETALING JAYA: The next time poor road conditions cause you to be involved in a crash on a highway, do not just write it off as bad luck.
According to a road safety expert, highway operators should be held responsible for damage to vehicles caused by poor road conditions.
Universiti Putra Malaysia Road Safety Research Centre head Assoc Prof Dr Law Teik Hua said highway operators should pay for damage incurred by motorists due to improper road conditions, as they are paying to use the roads.
Law said potholes are extremely dangerous, especially for motorcyclists, as riders are at a greater risk of losing control if they hit a pothole.
“The Malaysian road condition management system needs to be revised, as it might not be effective anymore due to the rise in the number of vehicles on the road compared to previously,” he told theSun.
Consumers Association of Penang education officer N.V. Subbarow agreed that highway operators should shoulder the expenses arising from damage to vehicles caused by bad road conditions.
“Road users are paying road tax and toll and they want safe roads. It’s not only speed that kills but also the condition of the roads.
“There are a lot of complaints from road users about (waterlogged stretches) whenever it rains,” he said.
They were commenting on an incident on Saturday on the New Klang Valley Expressway (NKVE), in which several vehicles were badly damaged due to potholes on a stretch of the highway.
Lawyer Kokila Vaani Vadiveloo said vehicle owners may make claims from highway operators for damage to their vehicles due to poor road conditions under Section 4(1) of the Street, Drainage and Building Act 1974, which states the local authority shall, so far as a fund at its disposal will admit, cause all public streets together with the footways thereof, whether covered by arcades or not, to be maintained and repaired.
She added that the Malaysia Highway Authority has a statutory duty under Sections 11(1)(a) and 11(1)(e) to maintain highways under its jurisdiction.
“Public roads include highways but if vehicle owners (incur) damage (to their vehicle) caused by potholes on a highway, they might consider a lawsuit against the concessionaire as well.
“Although they cannot sue the government for anything done within their public duties, they can still file an action against the government upon proof of negligence,” she said.
“Vehicle owners need to ascertain the rigidity test of foreseeability of the mishaps happening to the negligence of the concessionaire and government to fasten liability for a cause of action under Tort claims. They should also photograph as much proof as they can as the pictures can serve as evidence that will be required to provide for proof of losses that they intend to claim.
“Therefore, a victim of (an incident) can bring a claim against the authority responsible by filing a negligence claim, as it is the statutory duty of local authorities to maintain public roads,” she added.
Projek Lebuhraya Utara-Selatan, the concessionaire for NKVE, did not respond to queries by theSun as at press time.
