Revocation of notices: Call on the
Transport Minister to review exiting rules on glass tinting
Media Statement
by Kerk Kim Hock
(Petaling Jaya, Friday):
I welcome the announcement by the
Road Transport Department (RTD) Director General Datuk Mohd Shahar Sidek
that the 7000 notices issued to motorists for excessive tinting on their
vehicles have been revoked.
Such an announcement is wise because:
1.. Many motorists have complained that the percentage of visible light
fixed at 70 % is too high and is not in accordance with the tropical climate
of Malaysia
2.. Some traders have questioned the technical accuracy and suitability of
the type of light transmission equipment used by the authorities
3.. Motorists have felt that any crack down should be done at source, that
is, against factories which produce or shops which install glass tinting
that violate the legal requirement
4.. That if found guilty, motorists will have to face heavy penalty, and
this brings financial burden to them, especially when festivals are soon
arriving
5.. That the Cabinet has directed the Ops Gelap be postponed indefinitely,
and RTD must abide by the Cabinet's decision
Although motorists can now feel relieved, the Transport Minister Dato Seri
Ling Liong Sik must be receptive to the people's feedback and carry out the
necessary review of the existing laws.
Ling should realise that Malaysia is a tropical country and so long as the
glass tinting does not compromise safety, Road Transport Department must
allow reasonable degree of galls tinting. The present 70 % degree of light
visibility is controversial and widely criticized to be to be on the high
side and therefore unreasonable.
I am also puzzled at the harsh penalty that can be meted out for such
offence.
According to Section 10 of the Motor Vehicles (Prohibition of Certain Types
of Glass) Rules1991, any registered owner or driver who contravenes any of
the provisions of the Rules shall be guilty of an offence and shall on
conviction be liable-
(a) to a fine not exceeding five hundred ringed or to imprisonment for a
term not exceeding two weeks for a first offence; and
(b) to a fine not exceeding one thousand ringgit or up to imprisonment for a
term not exceeding one month or to both for a subsequent offence .
In view of the decision of the Cabinet to postpone Ops Gelap indefinitely
and the subsequent announcement by the RTD to revoke all 7000 notices issued
to motorists, I also wish to call on the Cabinet to refund RM 840,000
already paid by motorists for settling additional notices issued by the
Police during the Ops Warta II.
In a parliamentary reply to me on 12.9.2002, the deputy Home minister Datuk
Chor Chee Heong has revealed that during the Ops Warta II from 20.5.2002 to
20.6.2002, a total of 35,624 notices were issued under Section 115 of the
1987 Road Transport Act, but 29,949 have been subsequently cancelled. A
piece of such notice carries a penalty of RM 300.
The government has not been able to provide satisfactory reason as to why it
has cancelled the notices, neither has it been able to refute my claim that
the cancellation was done because it was simply wrong for the Police to
impose such additional penalty under Section 115 of the 1987 Road Transport
Act. Nevertheless, the fact remains that cancellation was done.
It is therefore logical that the total of RM 840,000 already collected by
the Police should be refunded to the motorists.
(28/11/2002)
* Kerk Kim Hock, DAP Secretary
General & MP for Kota Melaka
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