New traffic offence notifications: Unfair to make the motorists victims of the mistake of over correction on the part of the Police

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New traffic offence notifications: Unfair to make the motorists victims of the mistake of over correction on the part of the Police

Press Statement
by Kerk Kim Hock

(Melaka, Friday): Federal Traffic Chief Senior Asst Commissioner Koh Hong Sun said two days ago that all recipients of the new traffic offence notifications are required to furnish the drivers’ particulars to the Police within seven days as required under section 115 of the 1987 Road Transport Act.

He said that failure on their part to do so is punishable under section 11 9 (2) of the same Act

Koh’s announcement did not come as a surprise but nevertheless was an about turn of what was revealed to the DAP leaders who went to see him and his officers on 5.8.2003.

DAP leaders, namely, Sdr Fong Kui Lun, Sdr Tan Kok Wai, Sdr Anthony Loke and myself have met Koh and his officers three days ago to discuss various matters, including the anxiety caused to motorists by the new format of traffic offence notifications.

We had raised our concern that in the new notice introduced, although the part where it continues to offer lower penalty payment to the motorists does not create any controversy, the section on the requirement to furnish drivers’ particulars has caused anxiety to the public.

In the new notice, the section on the requirement to furnish drivers’ particulars read as follows:

“ Under paragraph 115 (1) (a) of the Road Transport Act 1987, you as the registered owner of the motor vehicle bearing the registration number……………… are hereby requested within SEVEN (7) DAYS from the date of this notice (marked *) to give information on the Space Below as to the identity, address and particulars of the driving license of the person who was driving the said motor vehicle on the date, time and place mentioned above and return the same to the address (marked **) below:”

We said that any recipient of the new notice will take it that they will have to submit the drivers’ particulars to the Police, regardless of whether they have agreed to accept the compound offer and are prepared to settle the compound amount before the deadline given.

This is different from the old format which has clearly specified that the vehicle registered owners “ who did not commit the offence “ will have to furnish the drivers’ particulars in accordance with the requirement of section 115 (1) (a) of the 1987 Road Transport Act.

The conclusion that was conveyed to us was that the Police administrative policy is that motorists who have agreed to accept and settle the compound offered do not have to furnish the particulars.

We then argued that there was a need for the Police to make a public policy statement on such an administrative policy or specify it in the new notice.

We were informed that our concern would be noted and the Police would have to study the legal implications of such a policy announcement.

The announcement by Koh has confirmed my fear all this while, that is, interpreting from the legal angle, there is no way that the Police are able to confirm that any recipient of the notice can be exempted from having to furnish the drivers’ particulars

Obviously the Police’s decision to amend the notice format is due to my successful challenge in the Parliament on the legality of the summons issued under section 115 of the 1987 Road Transport Act during the Ops Warta II, which also led to the cancellation of 38,536 summonses.

I wish to state that my ground of challenge was that the Police had wrongly interpreted the legal requirement in the old format and not because the rules were wrong. Hence, the Police should not make any amendment which is totally unnecessary and impractical.

The rational thing to do now is for the Police to admit that it has committed a mistake in overcorrecting the “ error " which has produced a new notice that is against its administrative policy. They must therefore take the bold steps to make the necessary new correction instead of shifting the burden of mistake on the shoulders of motorists.

The late announcement by the Police has also created problem for many motorists who have settled their compound and thrown away the notice, as many have not realized the introduction of the new format.

(8/8/2003)

* Kerk Kim Hock, DAP Secretary General & MP for Kota Melaka