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Federal Court upholds ruling on liability of logistic company to settle unpaid toll charges for use of PLUS highways

Vehicles travelling on PLUS highways (as well as the highways of other concessionaires round the country) are required to pay toll charges. But it appears that there are some drivers of commercial vehicles who have somehow managed to get away with not paying the charges, and PLUS has taken their employer to court to claim unpaid charges.

Logistic company liable for employees/drivers
PLUS had filed a suit against a logistic company named Berjasa Logistics Sdn Bhd (formerly known as Sin Kung Logistics (KL) Sdn Bhd) to recover unpaid toll fares involving 19 vehicles found to be  registered to the company and driven by its employees over the past few years.

File image of a commercial vehicle using a PLUS highway.

Unpaid amounts totalled over RM518,000
The unpaid amounts totalled RM518,369.27 and in July 2017, the logistic company was considered by the High Court as well as Court of Appeal to be liable for its employees’ failure to pay toll charges. An additional RM100,000 in costs was also included in the judgement.

The Federal Court has unanimously upheld the decision by the High Court and Court of Appeal, ruling that the logistic company is vicariously liable whenever their drivers and/or employees failed to pay the required toll charges.

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

In addition, PLUS has identified several toll fraud tactics by the heavy vehicle drivers and is taking the necessary preventive measures including initiating legal actions. At the same time, PLUS continues to collaborate and work closely with the relevant authorities to curb toll fraud activities along the highway.

PLUS urges highway users to observe SOPs at all times

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