PETALING JAYA: The Road Transport Department (RTD) e-Aduan@JPJ app initiative, that allows the public to lodge complaints against offenders who break traffic regulations, has won the support of road safety experts.
Universiti Putra Malaysia Road Safety Research Centre head Assoc Prof Dr Law Teik Hua said the app is essential in addressing long-standing traffic violations, including illegal racing, which has been contributing to a rise in road crashes.
However, Law said RTD may struggle to address the complaints promptly. He said this is due to the large number of complaints it is likely to receive via the initiative.
“It is a good initiative, and it is effective in dealing with traffic offences that have been going on for a long time, such as illegal racing. But it needs to be tweaked as it is possible that a large volume of complaints cannot be handled promptly.
“Public perception of traffic violations may differ. For example, an amber light indicates that you must stop but many drivers believe they are permitted to cross a traffic light intersection while the light is amber.”
Law said the app has to be improved to overcome any disadvantages so it does not defeat the purpose of its implementation.
“Dashcam footage can be tampered with, and thus, lose its legal significance. We need more intelligent cameras such as AES cameras. Dashcams can only be used to capture incident data for legal purposes.
According to lawyer Kokila Vaani Vadiveloo, offenders who commit non-compoundable offences would be asked to appear in court although proof of them breaching the law has been submitted.
She said the court will accept photographs and videos produced by the public under the Evidence Act 1950, which requires the investigation officer to submit all evidence to assist the prosecution.
“With the complainants providing information such as time and place, as well as video and photographic evidence, the prosecution can be assisted with the weight of the evidence in the complaint.
“But the alleged offender would still have to appear in court to resolve non-compoundable offences, which cannot be settled mutually since the victims may have suffered injuries.
“As for computer documents, including electronic and video evidence, these can be submitted through the maker or via those who have control over the electronic production. The investigation officer must give court evidence alongside those who have recorded the offence.”
Kokila noted that there are six types of non-compoundable offences that require mandatory court attendance, adding that the offender could face a fine of up to RM1,000 under the Road Transport Act and Road Traffic Rules or up to three months’ jail. These offences include using the emergency lane without a legitimate reason, using mobile phones while driving, overtaking vehicles from the left, overloading passengers in a vehicle, failing to observe traffic lights and driving without a valid licence.
On rising death figures of teenagers in road crashes, Kokila said legal action can be taken against parents and guardians for allowing children without licences to use their vehicles.
“Section 39 of the Road Transport Act makes it an offence to drive a car when one is below 17 years, which is the minimum age for the purpose, and 16 years for riding a motorcycle.
“Parents may also be charged under Section 31 of the Child Act 2001 for failure to supervise their children.”
