KTMB fined over coach derailment

Tracks not kept in good condition, court told

TEMERLOH: In a landmark decision, Keretapi Tanah Melayu Berhad (KTMB) was fined RM60,000 for failure to maintain its train tracks and coaches.

This is the first case to be brought against a train operator by the Land Public Transport Commission (SPAD).

A representative for KTMB pleaded guilty after the charge was read out before Sessions Court judge M. Kunasundary here yesterday.

According to the fact sheet, KTMB has failed to ensure both the coaches, used by an Express Senandung Wau train, and the tracks between Kemayan and Triang station, were in good condition and safe for use, resulting in a derailment.

As such, it was found that the train operator had failed to comply with the guidelines under Section 8.1 of the KTMB Train Operators Licence.

The offence, under Section 101(7)(e) of the SPAD Act, was committed around 1.50am between the 78th and 79.75th kilometre of the Kemayan-Triang line, here, on July 8, 2014.

In the incident, one of the train’s eight coaches derailed but no one on board was hurt.

In pleading for a lighter sentence, lawyer Sarita Ashok Khandhar, who acted on behalf of KTMB, said the case was the first such offence in the country.

“A fine of RM50,000 is a reasonable sentence in this case.

“The train tracks were also in the midst of repair and maintenance work,” she told the court.

SPAD prosecuting officer Nurasyikin Ja’alam said a deterrent sentence was needed to set a precedent as derailment cases were on the rise in the country.

“This case is of public interest. The last time the coaches were overhauled was in 2001,” Nurasyikin said.