Motorists can sue if highway journey is disrupted, say lawyers

However, lawyers differ on whether the toll operator or the Malaysian Highway Authority should be named as party to any such suit.

Nair says motorists should write a letter of demand to the highway authority.

PETALING JAYA: Two civil lawyers have taken a different route on who should be named as party to a lawsuit when smooth trips on tolled roads are disrupted due to massive traffic jams or accidents.

Lawyer SN Nair said it should be the highway watchdog, the Malaysian Highway Authority.

However, counsel Harpal Singh Grewal was of the view that the highway operator itself should be held responsible.

Nair said motorists should write a letter of demand to the highway authority to complain of unsatisfactory service provided by the highway operator.

“As ombudsman, the highway authority can police the operators to improve on their service to motorists.”

He said an aggrieved motorist could file a judicial review against the highway authority for failure to act against the errant highway concessionaire.

Nair said this in response to FMT reader TK Chua’s experience of being caught in a jam near Seremban last Saturday while heading south along the North-South Expressway.

Chua said since the traffic jam was not easing up, many, including him, decided to exit the highway but were subsequently caught in yet another traffic crawl.

He said it was later discovered that the traffic jam on the highway was due to an accident near the Senawang toll earlier in the morning.

Chua said PLUS, as the highway concessionaire, should refund the toll collected or compensate motorists when a traffic jam lasts more than two hours.

“PLUS just completely ruined my day today. I wasted time and paid toll but failed to get to my destination,” he complained.

Harpal said a highway concessionaire would have entered into a contract the very moment a ticket is issued to the motorist.

“The contract only expires when the motorist settles the toll charges,” he said, adding that a toll operator would have to fulfil his side of the bargain in exchange for collecting the fee.

He said motorists could sue the toll operator for breach of contract.

Harpal said an Indian High Court had ruled that concessionaires should not collect toll when traffic is piling up near toll booths.

“That ruling states barriers at toll booths should be lifted to ensure smooth traffic flow,” he said, citing an example where motorists have won the right to smooth passage.

He said in Malaysia, motorists would have to collect evidence like the time they entered and left the expressway.

Manoharan: Someone should try out a test case to jolt toll operators

Lawyer M Manoharan said he had not come across motorists filing suits against highway concessionaires for failure to ensure a smooth journey.

“Perhaps someone should try out a test case to jolt these tolled road operators,” he said.

However, Manoharan said there had been numerous judgments against highway operators for negligence that resuted in injuries or death.

“Recently, a High Court found the East-West Highway operator and Pahang Water Board liable for negligence for injuries caused on the highway as a result of a burst water pipe,” said the lawyer, who had represented a housewife. -FMT