Mahfuz: Amendment to Road Transport Act Abuses Rakyat

by Haider Yutim

KUALA LUMPUR, 1 FEBRUARY, 2011: PAS vice president Datuk Mahfuz Omar said that the amendment on the 1987 Road Transport Act does not solve any recurring problems but raised a many questions as well as other problems. Mahfuz, who is also the chairman of the Kempen Anti Saman Ekor Committee (KASE) said this during the distribution of pamphlets against the privatization of tail summonses at the Sungai Besi toll house today. The campaign was launched in response to the government’s approval on the decision to amend the Act which took effect today. He said that the amended Act obviously proves that KASE’s demand for the government through PDRM and JPJ to abolish the accumulating saman ekor and clear up the blacklist of vehicle and license owners is true. But until today, the government has never intended to cancel or write off those accumulated summons which amounted to 15 million summonses. According to Mahfuz, the amended Road Transport Act of 2010, includes the term ‘recorded image’ an uses ‘recorded image’ as proof of prima facie in court. This means before the amendment, all images taken during PDRM operations on saman ekor cannot be used as proof in court. “This means that the 15 million summonses which has been issued before the amendment, are summons that cannot be used because under the old Act, it doesn’t include the term ‘recorded image’ and cannot be used as proof in court,” he said. He added that PDRM’s move on defending saman ekor stating that they have proof of those offense cannot be used, and the move by JPJ on blacklisting those vehicles are against the law and the Federal Constitution. He also said that the new Act has also adapted a few new measures that people have not been informed about in detail. Mahfuz explained that among the new measures contained in the Act include the power given to JPJ and PDRM to enforce the Act on any road including private roads. This means that the enforcement officers can enforce the law all the way to our front door, and this, according to Mahfuz, is a form of violation towards a rakyat’s personal right and private properties. “We regard this as a violation of a rakyat’s personal right and properties,” he said. Mahfuz also said that the Chief Director of JPJ, Datuk Solah Mat Hassan had explained this new leeway for enforcers is to enable the investigation of insurance be made should the accident occur in private roads. However, according to Mahfuz, the Insurance Act is not yet amended to allow any claims being made as the insurance does not cover any accidents occurring in private roads. So it means that the amendment is ridiculous and nothing more than just a way of abusing the rakyat and to bully vehicle owners as one can be summoned should they commit an offence but cannot claim any insurance should an accident happen to that person. Besides that, the Act also introduces a new system called Automated Enforcement System (AES) which is the use of static and mobile cameras to capture offenses such as speeding, driving through red lights and driving on bus lanes. Mahfuz mentioned that two companies, Beta Tegap Sdn Bhd and Commercial Circle, have been given rights to handle this system and they will get 35 percent of the 5 million summonses issued whereas the government gets 65 percent. Commenting on the statement made by the Deputy Transportation Minister, Datuk Abdul Rahim Bakri that the move to give rights of handling to AES to a private company so that the government will not bear any costs, Mahfuz said if this is true that means the 1,072 cameras which has been installed by JPJ in March 2010 is now being taken over by those two private companies. He also claimed that the money used to install the cameras come from the rakyat’s money. He added that if the companies do not take over the 831 cameras, then there is no purpose in buying the 1,072 cameras. “If the cameras are not used, then surely this is a waste of the rakyat’s money,” said Mahfuz. He also added that today, the KASE Committee again urges the government especially the Home Ministry and Transportation Ministry to abolish all saman ekor that cannot be enforced through the 1987 Road Transport Act, and begin a new enforcement process through the Road Transport Act (Amendment) 2010. “KASE also urge the Transportation Ministry to meet with parties including KASE to discuss and explain some issues which has been raised such as the privatization of the enforcement of traffic rules and costs that are involved so that every single sen of the rakyat’s money is used for their benefit and not for crony companies,” he said. Amendments to the Road Transport Act 1987 that was approved by Dewan Negara on Dec 22, has come into force beginning today. Other amendments that came into force include expanding the powers of JPJ to take action against traffic offenders on all roads in the country, including areas such as farms, gardens, villages, residential areas and multi-storey car parks. The amendments to the Act also require vehicle owners who had changed their addresses to give a two-week notice to the JPJ, failing which legal action can be taken against them, including a fine of up to RM300. - Malaysian Digest