TAWAU: The driver of the lorry where logs fell and crushed a Toyota Hilux along Jalan Merotai-Kalabakan last week was fined RM15,000 and sentenced to two months’ jail for seven traffic violations by the Magistrate’s Court here on Thursday.
Tonny Chong, 37, pleaded guilty to all charges before Magistrate Don Sitiwin Malanjum.
The traffic offences were committed while he was driving a Nissan truck with on Jalan Merotai-Kalabakan at 4.30pm on Feb 19, this year.
For the first offence under Section 43 (1) of the Road Transport Act (APJ) 1987 (Act 333/87), driving without caution, Chong was jailed a month and fined RM8,000 or six months in prison.
The second offence under Section 26 (1) of APJ 1987 (Act 333/87), driving without a licence, Chong was fined RM1,000 or one month in prison.
For the third offence under Section 56 (1) of APJ 1987 (Act 333/87), driving the lorry without a vocational licence, Chong was also fined RM1,000 or one month in prison.
For the fourth offence under Section 90 (1) of APJ 1987, driving a vehicle without insurance coverage, Chong was fined RM1,000 in default one month’s jail and disqualified from applying for a driving’s licence for 12 months starting Thursday.
The fifth offence under Section 15 (1)A of APJ 1987 (Act 333/87), driving with an expired licence, Chong was fined RM1,000 or one month in prison.
For the sixth offence under Section 119 (2) of APJ 1987 (Act 333/87), carrying a cargo in a dangerous manner causing items to fall onto the road, he was jailed one month starting Thursday.
The seventh offence under Section 66A (2) of APJ 1987 (Act 333/87), using a vehicle without a Puspakom inspection certificate, Chong was fined RM3,000 or six months’ jail.
According to the case facts, the accident occurred when the lorry driver was travelling from Luasong toward the Sawmill in Logpond when the cable tying the logs snapped as they reached Jalan Merotai-Kalabakan.
This incident caused a log to fall off the lorry and crush the front of a Toyota Hilux coming from the opposite direction, driven by a 34-year-old man with his 31-year-old wife, a teacher who is 29 weeks pregnant.
In his mitigation, Chong requested a lighter sentence as he needs to support three children and had just started a job after being transferred from Sipitang with a payment of RM120 per trip for delivering timber.
He also said the incident was his first trip of the day in Tawau.
Chong also admitted to never having a GDL licence during his three years as a lorry driver when questioned by the Magistrate.
Traffic Prosecuting Officer, ASP Joan Lee, argued that Chong should be given a severe sentence, given the seriousness of the case, as the defendant was driving without a GDL licence, and the lorry he was driving had no road tax and was not insured since 2022.
She also said the accident caused significant financial implications for the innocent Hilux driver, who faced repair costs due to severe damage, while the wife of the car driver, suffered trauma.
The woman experienced abdominal pain and bleeding but was in good condition after receiving treatment.
She added that a severe sentence should be imposed as a message to timber transporters to prioritise safety over profit and to ensure vehicles are equipped with valid documents, and that experienced drivers with proper licences are employed in the future.
