In a recent announcement, Transport Minister Anthony Loke said that a six-month window for vehicle owners to settle specific traffic summonses at a reduced rate of RM150. This initiative targets offences such as exceeding speed limits, disregarding traffic signals, and notices under sections 114 and 115, which typically incur fines of RM300. The minister emphasized that failure to pay these summonses would result in restrictions on renewing driving licenses and road taxes.
However, this move has drawn criticism from within Loke's own party. Lawyer Zulhazmi Shariff, known for his staunch opposition to the Automated Enforcement System (AES) and his leadership in the Anti-Saman Ekor Campaign (KASE), has raised several concerns in a Facebook post.
Zulhazmi, who was also DAP candidate for Jerai, argues that, according to Section 120 of the Road Transport Act 1987, the authority to issue compounds lies with designated officers, not the minister. He contends that the minister's announcement oversteps legal boundaries, as the discretion to compound offences is vested in enforcement officers.
He highlights inaccuracies in the categorization of offences and points out that exceeding speed limits applies predominantly to commercial or heavy vehicles with specific speed restrictions. For other vehicles, the concern is failing to adhere to road-specific speed limits. Additionally, he notes that Notice 114 is a summons for investigation, not a fine, questioning the rationale behind imposing payments for such notices.
Malaysia’s traffic fine system has been a subject of contention for years, primarily due to the sheer volume of summonses issued and the difficulty in collecting payments. Statistics from various years illustrate a concerning trend: millions of summonses remain unpaid, amounting to billions of ringgit in lost revenue. Last year, Bukit Aman said that 43.5 million traffic summonses worth a whopping RM6.5bil remain unpaid nationwide.
This staggering number reflects more than just individual non-compliance. It points to a larger issue of enforcement inefficiency, a lack of public trust in traffic fine systems, and questionable practices, such as blacklisting, that bypass due legal process.
This new move may be an opposite of what was done in 2018, when summons issued under the AES, totaling up to about RM430 million, were written off.
The practice of blacklisting vehicle owners or drivers for unpaid fines has long been controversial. Under this system, individuals are barred from renewing their road tax or driving licence until they settle their outstanding summonses. While this method compels some to pay, it sidesteps the judicial process. Traffic summonses are, at their core, legal charges that require resolution in court—either through admission of guilt or a trial.
Reflecting on past practices, Zulhazmi draws parallels between the current administration's approach and that of previous governments. He recalls the implementation of blacklisting strategies during the tenure of former transport ministers, which led to the formation of KASE. This group actively challenged the legality of such measures, advocating for due process and the rights of motorists.
Zulhazmi's personal experiences further illustrate his commitment to legal principles. In 2022, he contested an AES summons, resulting in a conviction and a RM1,000 fine. Undeterred, he appealed to the High Court, which overturned the conviction and refunded his fine. This case underscores his belief in challenging what he perceives as unjust enforcement practices.
The crux of his argument is a call for adherence to the rule of law. He asserts that summonses should be resolved through the judicial system, not administrative shortcuts. By bypassing court proceedings, he believes the authorities undermine legal processes and potentially infringe on individual rights.
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