Besides the announcement of toll-free travel for Hari Raya, the Prime Minister has also announced that traffic summonses issued before 2023 can be settled for RM50. Presumably, this is part of the ‘good news’ that was promised to Malaysians but it was the toll rebate that got the bigger publicity.
The offer of RM50 would be greatly appreciated by those who have committed offences with a compoundable fine of up to RM300, as well as those who have a number of summonses. For each one, the fine will be fixed at RM50 from April 21 to May 21, 2023.
For a long time now, CCTV (close-circuit TV) cameras have been watching major roads around Kuala Lumpur and even along the highways. The thousands of cameras (some of which are also accessible by the public at this website) help the authorities and highway operators to monitor the traffic conditions in real-time so that they are immediately aware if there is a bad jam or accident.
Now, the Federal Territories Ministry has come up with the idea that, besides monitoring the traffic situation, the cameras can also be used to catch road-users committing traffic offences. The ministry will discuss with Dewan Bandaraya KL (DBKL) and the police about applying this approach but before anything can start, there are still legal issues to be examined.
This would relate to whether images captured can be used as evidence to issue summonses and make charges for offences committed. Technically, this should be possible and in fact, camera imagery has long been used by speedtrap cameras as evidence of exceeding speed limits or going through red lights. More recently, the police have used drones to record motorists who have used emergency lanes to beat jams along the highways during the festive season. Presumably, the police will be able to use the images as evidence in court if challenged.
Use of traffic and other surveillance cameras to catch people committing offences is done in other countries. China, for example, has a very extensive network of cameras in its big cities and these use sophisticated recognition technology to identify vehicle numberplates. They also have sophisticated facial recognition technology to identify people moving on the streets. In Europe, the authorities have been using their cameras to catch motorists who are using their mobilephones while driving.
So George Orwell’s 1949 book ‘Nineteen Eighty-Four’ about a society where ‘Big Brother’ is always watching you is actually happening in the 21st century. Orwell’s book wrote about a society where citizens were constantly being watched by ‘telescreens’ to keep them under control. It gained wider publicity when Apple Computers produced a commercial that used the ‘1984’ scenario and showed how one citizen rebelled against the control. It suggested that Apple’s products would ‘free’ people in some way where computers were concerned.
The presence of cameras watching 24 hours a day may seem intrusive but if people are aware and behave themselves rather than think they can easily get away breaking laws, then at least the objective is achieved. It is like the AES speedtrap cameras – motorists know they are there and will stick to the speed limit.
And the good thing about this automated process is that corruption can also be prevented. Without any human interaction, ‘black sheep’ in enforcement agencies would not have an opportunity to try to get bribes for not issuing summonses. The process will be automatic – an offence is confirmed and the summons is sent out, and it is up to the motorist to accept the charge and pay the fine or challenge it in court.
Law enforcement authorities use various devices to capture evidence of motorists breaking laws and during the coming Hari Raya holidays, the JPJ (Road Transport Department) has over 120 cameras which will be used to catch offenders. And these cameras will not be in fixed locations as they will be on mobile patrol motorcycles which can be anywhere.
The JPJ officers will have GoPro Max 360 cameras mounted on their helmets as they patrol areas identified as hotspots. They will be looking out for 9 specific offences which are found to be the causes of fatal accidents on the road. These include not wearing a seatbelt or crash helmet, overtaking on double lines, not stopping at red traffic lights, using a mobilephone while driving, overtaking on the left side, using the emergency lane on highways, and overloading (although heavy commercial vehicles are banned on certain days).
The camera-equipped officers are involved in Op Musim Perayaan Hari Raya Aidilfitri 2022 which will be on until May 9. Video footage collected will be used as evidence for charging motorists with offences, but the JPJ will first summon them for questioning. As mentioned by the Transport Minister earlier, certain summonses will not be compoundable even if the offenders admit guilt and want to just pay the fine. They will have to go to court to have their case heard, which can be an inconvenience.
Meanwhile, the police have changed their mind about detaining motorists who are found to have outstanding summonses or warrants of arrest. The Deputy IGP had earlier said that the police would use the iCOPS devices to run checks on motorists who are stopped. Those with warrants of arrest and outstanding summonses will be immediately detained on the road and taken to the nearest police station for the process of bail documentation and would then be asked to attend court for further action,” he said.
Then a few days later, Bukit Aman Traffic Investigation and Enforcement Department (JSPT) Director, Datuk Mat Kasim Karim, said that no action would be taken during Op Selamat ‘as the police want to ensure road-users return home to their families safely’.
“We would like to stress that detaining or arresting a person is not the aim of JSPT during Op Selamat this time,” he said. “The police have many ways of detaining an offender, but the timing has to be appropriate.”
Anyway, regardless of whether or not action will be taken on the spot or later, the important thing is not to commit any offences. Everyone needs to do their part to ensure road safety so observe speed limits and other laws.
Have a safe journey and remember that being late is better than not arriving at all.
In case you missed the news, if you have any outstanding summonses from the Road Transport Department (JPJ) or Land Public Transport Department (now known as APAD instead of SPAD), you can save some money if you settle before the end of this month.
In conjunction with the upcoming Merdeka Day celebrations, the agencies are offering a 70% discount for all summonses during August 2020. This discount is for all compoundable summonses issued by the JPJ and APAD under the Road Transport Act 1987 (Act 333), Commercial Vehicles Licensing Board Act 1987 (Act 334) and Land Public Transport Act 2010(Act 715). Summonses issued by the police are not included in this discount offer.
The offences covered include drunk driving, exceeding speed limits as recorded by the AES cameras,and also vehicles which are found to be in a condition that is not roadworthy. Depending on the nature of the offence, the compound fine can be up a maximum of RM300.
If you are blacklisted, this is an opportunity for you to sort the matter out. However, you will need to personally visit a JPJ branch to resolve the matter and then make payment (the discount will still be allowed). For other road-users, payments can be made at JPJ offices or online portals.
Note that a summons does not mean you are guilty of the offence. If you read the wording, you will find that it informs you that you have been sighted committing an offence (which will be specified). If you believe you are not guilty, you have a right to challenge the charge in court. However, if you agree that you are guilty, then you just pay the compound fine, saving time for all parties.
Incidentally, in Ipoh, Perak, the city council is also offering motorists a discount on offences related to parking. The discounts range from 30% and 50%.
Each year, the Malaysian police (PDRM) issues millions on summonses to motorists. Many are compoundable, meaning that a fine of up to RM300 can be paid, avoiding the time-consuming process of going to court. Settlement must usually be done within 2 weeks otherwise more serious action will be taken, including blacklisting.
However, in spite of such conditions, the majority of motorists seem to disregard the urgency – or even need – to settle their summons. Over the years, they have found that they can get away with not settling although some are caught if checks are made when they are stopped. Then there’s the annual ‘discount season’ which the police say is a necessary incentive.
Well, it’s that time of the year again, according to a report in The Star, and on December 24 and 26 2019 (8:30 am to 4 pm), the PDRM Traffic Division is offering a 50% discount on fines for summonses. However, not all types of summonses will be discounted and there are 5 types that will have to be paid in full. These include summonses relating to accidents, are non-compoundable, or are subject to court cases. Summonses issued during Ops Selamat are also not entitled to any discount.
So do go and settle the summons next week and start 2020 with a clean record – and try not to get new summonses. Incidentally, during those two days, the PDRM will also be having a ‘Meet the Customers’ event at Dataran JSPT which is located at the police station complex in Jalan Tun H.S. Lee in Kuala Lumpur.