Vehicle owners will have to pay up if drivers fail to pay tolls, warns PLUS

By THE STAR | 15 April 2021


PETALING JAYA: Vehicle owners - especially logistics companies - whose drivers try to evade toll fraudulently will pay a heavy price including being taken to court, says Projek Lebuhraya Usahasama Bhd (PLUS).

The highway concessionaire said vehicle owners, particularly logistics companies, should be more vigilant and responsible for the actions of their drivers and employees should they fail to pay toll fares while using PLUS-operated highways.

This came after the Federal Court recently decided that a logistics company is vicariously liable whenever their drivers and employees fail to pay the required toll fares.

"Previously, PLUS filed a suit against a logistics company - Berjasa Logistics Sdn Bhd (formerly known as Sin Kung Logistics (KL) Sdn Bhd) - to recover unpaid toll fares involving 19 vehicles registered to the company and driven by its employees over the past few years," the concessionaire said.

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It added in a statement today that the Federal Court unanimously upheld the decision of the High Court and Court of Appeal and ruled that an employer is vicariously liable to the concessionaire for its employees’ failure to pay toll fares.

"The decision of the Shah Alam High Court on July 20, 2017, allowing PLUS’ claims amounting to RM518,369.27 and costs of RM100,000 following the failure of their drivers to pay toll fares was accordingly upheld," said the concessionaire.

PLUS added that it takes the deliberate act of evasion from paying toll seriously and seeks full cooperation from all logistics companies and heavy vehicle owners to continuously monitor and take appropriate action against their drivers and/or employees.

"In addition, PLUS has identified several toll fraud tactics by heavy vehicle drivers and is taking the necessary preventive measures, including initiating legal action," PLUS said.

PLUS did not elaborate on the toll fraud tactics of the heavy vehicle drivers or the preventive measures other than filing for legal action.

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