AES contractor in legal face-off over removal order

KUALA LUMPUR, Dec 19 — Beta Tegap Sdn Bhd, one of two companies awarded the controversial Automatic Enforcement System (AES) contract, is challenging in court the Sepang Municipal Council’s directive to dismantle two speed-trap cameras installed in Selangor.

“The judicial review application will be heard on February 14,” a lawyer for the concessionaire, Alex De Silva, told The Malaysian Insider when contacted today.

The Sepang local council had, in a letter dated December 6, ordered Beta Tegap to dismantle two of its cameras that had been set up on the North-South Highway and the South Klang Valley Expressway within 14 days.

Beta Tegap is seeking to declare the local council has no jurisdiction over the two highways, but the company’s legal standing will likely be raised as well because it is a private company contracted to install the speed-trap cameras while traffic summonses are issued by the Road Transport Department, considered the rightful authority to issue any legal challenge.

The Attorney-General’s Chambers (AGC) has ordered a halt to all court proceedings related to the AES summonses to study legal issues that have been raised even as it said the tickets were still valid, it said in a statement yesterday.

Penang Chief Minister Lim Guan Eng in a statement today acknowledged the AGC’s statement as “legally correct” but insisted “there should be no more unnecessary delay in putting an end to this sordid scheme of allowing two BN crony companies to profit based on commissions imposed on every traffic summons disguised as enforcement to reduce accidents”.

The Malaysian Insider had reported yesterday that Putrajaya was considering suspending the implementation of the system as it appeared to duplicate police speed traps along the highways.

It is understood that Transport Minister Kong Cho Ha has been one of the few ministers who have been defending the implementation of the AES behind closed doors. 

The privatised RM700 million project began in September with a pilot phase of 14 cameras but the RTD has pledged to roll out a total of 831 cameras by end-2013 to catch speeding motorists and prevent more road deaths.

The police, who enforce the speeding laws, have said they will continue enforcement and carry on putting up mobile speed traps near the AES cameras, raising the prospect of dual fines for errant motorists.

“The government is considering putting on hold the implementation of the AES due to the duplication of the summons system. That will cause hardship,” a source had told The Malaysian Insider.

He also noted that several lawmakers from the ruling Barisan Nasional (BN) have also asked the government to stop the implementation until all views are considered.

Another source said the government wants to ensure the AES will help ensure that motorists follow speed limits throughout their journey rather than just in the areas where the cameras are situated.

“This system is to enforce speed limits and ensure road safety,” he added.