Small and Medium Enterprises Association of Malaysia (Samenta) president William Ng said individual responsibility was a fundamental principle in road traffic law.

“In principle, licensed drivers are adults who are responsible for their own decisions on the road,” he told FMT.

“Overly strict regulations could also undermine Malaysia’s appeal as a business-friendly tourism destination, especially for micro, small and medium enterprises (MSMEs) that may face legal risks due to the actions of third parties,” he said.

Federation of Malaysian Business Associations central executive committee member Raymond Woo described the proposal to place responsibility on premises in drunk driving cases as impractical and difficult to enforce.

He said there were various sources and possibilities as to how a driver might become intoxicated or impaired, including the gap in time between purchase and the incident.

“The individual may still be sober at the point of purchase… so it is difficult for premises to control or predict what happens afterwards,” he said.

Woo added that responsibility should remain with the driver who causes the accident, not shifted to other parties.

They were commenting on a call by PKR Youth for business premises that serve or sell alcoholic drinks to drunk drivers to be held legally liable for their role in endangering road users.

Shafiq Iqram Abdullah, head of PKR Youth’s NGO and volunteers bureau, suggested that local governments introduce “dram shop liability” – which would hold operators legally accountable if they “over-serve” customers – as a new clause in business licences for premises selling alcohol.