Amendments to the Road Transport Act 1987 (Act 333) are set to be tabled in parliament next Monday, they usually will likely be wide-ranging, containing reforms and changes in 11 scopes, covering 42 provisions. These were briefly outlined by the ministry of transport (MoT) at a special media briefing yesterday, with transport minister Anthony Loke saying that these changes were due.
“As all matters regarding road transport are under Act 333, it’s a vital piece of laws, and there are amendments that we make periodically. The last was in 2020, regarding increasing the punishment for drink-driving, but this time we now have amendments that contain more changes and are more comprehensive,” he said.
He said the amendments have passed through a careful process, including discussions within the parliament select committee involving members from each the federal government and the opposition, demonstrating cross-party support. “The primary amendment will likely be tabled in parliament next Monday (first reading) and is anticipated to be passed as early as Tuesday (second reading), demonstrating the federal government’s urgency and commitment,” he said..
While the first aim of lots of these changes are scoped at improving road safety through latest legal provisions, allowing authorities to take more practical motion against those that endanger other road users, among the amendments are targeted at improving the service system and simplify people’s affairs by modernising services and enforcement through digitalisation. Loke said amendments were obligatory on that front because the growing scope of digitalisation meant the law also needed to evolve accordingly.
The amendments cover 4 broad categories, these being digitalisation of services and enforcement; a rise in tremendous and compound rates: the introduction of latest provisions and the strengthening and harmonising of existing provisions. The 11 areas covered under the amendments are:
Digitalisation of JPJ services and enforcement
Although myJPJ is currently getting used by 14 million people, lots of the digital processes should not yet supported by a solid legal basis. As such, the amendment introduces provisions for the legal use of digital licenses (e-license) and motorcar licenses (e-LKM) within the myJPJ application, essentially providing recognition of digital documents as valid in keeping with the law.
As for enforcement, automatic number plate recognition (ANPR) is about to play a key role in digitalising this – road transport department (JPJ) patrol vehicles will likely be equipped with cameras that may robotically discover number plates and check the existence of road tax/insurance and in addition uncover any stolen vehicles.
When implemented, JPJ patrol vehicles will have the option to detect problematic vehicles without having to utilise traditional roadblocks. This may reduce direct interaction between enforcers and drivers, reducing the chance of integrity and corruption allegations.
Harmonisation of road tax rates and declaration of region to be used
Currently, road tax (LKM) rates differ by region (Peninsular and Sabah, Sarawak and Labuan). Problems arise when vehicles are registered in a low-fee region (akin to Labuan) but are utilized in Peninsular Malaysia. This amendment would require vehicle owners to declare the first region of use when registering or renewing their road tax.
The road tax amount will then be calculated based on the declared location, closing the loophole by which cars that were registered in either duty-free states like Langkawi or Labuan, or in Sabah or Sarawak, get exacted a lower road tax when utilized in Peninsular Malaysia.
Increase within the minimum tremendous rate
The present maximum compound rate is RM300, which authorities consider to be insufficient as a deterrent, with many drivers more willing to pay a tremendous than comply with the law. Due to this fact, the federal government is trying to increase the utmost compound rate for certain offences, especially those who endanger safety. Offences that will likely be involved within the tremendous increase include driving without road tax (LKM), driving with no valid driving licence (CDL), driving above the speed limit or dangerously, and failure to stick to traffic lights/road signs.
“Nevertheless, the implementation of this increase won’t be implemented immediately. It is going to be given a period of two years for public preparation and system adaptation. This offers room for public education and preparation by the authorities,” Loke explained.
The introduction of a brand new Section 42A to take care of illegal racing
As indicated previously, the federal government is trying to clamp down on the mat rempit menace with the introduction of tougher laws. This will likely be completed with a brand new Section 42A, which has specific rules against illegal racing and speeding. Previously, motion could only be taken under the offence of dangerous driving, which required proof of an accident or actual danger.
This made it difficult for enforcement to act if there was no accident. With Section 42A, the act of racing or speeding itself is now considered an offence, even when there isn’t a accident (for instance, two or more vehicles speeding competitively on a public road).
Electronic accident reporting (e-Polis Reporting)
The amendment to Section 52 allows accident reporting to be done electronically, not only physically on the police station. It is a collaboration between the MoT, Bank Negara Malaysia (BNM), and the General Insurance Association of Malaysia (PIAM) to make it easier for accident victims to make insurance claims. Minor accidents involving single vehicles without injuries or third parties might be reported via e-Polis Reporting.
Similar to the PDRM e-Reporting pilot trial that was introduced last September, this reduces the burden on the police, saves time, and helps process insurance claims faster. It also addresses the issue where drivers have difficulty reporting accidents because they’re removed from their homes. Nevertheless, accidents involving injuries, deaths or third parties will still require a physical report as usual.
Expanding the transport minister’s regulatory powers
The amendment clarifies and expands the regulatory power of the minister of transport over workshops, modifications, technical safety standards and EV/new-tech components. This may include the flexibility to control the registration and operation of workshops, factories and vehicle repair centres; setting technical standards for vehicle safety; regulating driver training/shifts and setting related fees.
The prolonged scope may also cover regulating latest vehicle models, components, and safety technologies (for instance, electrical systems on vehicles). This is very important to handle issues, for instance illegal modifications that cause electric shocks on buses, because previously there was no clear authority to take motion against workshops or manufacturers.
Enhanced cross-border movement control
The amendment tightens control of vehicles entering or leaving Malaysia, with the aim being to encourage vehicle owners to settle summonses before travelling or crossing the border. Essentially, foreign vehicles could also be prohibited from entering in the event that they do not need a sound permit (including VEP) or have outstanding summonses, while Malaysian vehicles could also be prevented from leaving the country in the event that they have pending traffic summonses.
Vehicle towing and impounding
The amendment will provide local authorities (PBT) with clearer scope to remove vehicles which are obstructing traffic or violating parking regulations, and in addition detain these vehicles until removal and detention fees are paid, with the chance of removal being on the vehicle owner. The changes are geared toward addressing the issue of random parking causing congestion in urban areas.
Curbing “tonto” activities
The amendment introduces latest provisions to make “tonto” activity – by which individuals or groups help lorry drivers evade enforcement by disrupting JPJ field operations – a criminal offence, with authorities with the ability to take motion and mete out strict penalties in the shape of fines and/or imprisonment.
Management of micromobility vehicles
With using electric scooters and other micromobility devices increasing, the amendment looks to introduce clearer definitions and rules regarding e-scooters/e-bikes, with the intention of providing a framework regarding their use. These include a minimum age to make use of, speed limits, where these devices might be ridden in addition to the necessity for safety equipment (helmet, lighting, reflectors etc)
As there’s presently no clear procedure for managing impounded or abandoned vehicles, the amendment may also introduce one, where micromobility vehicles used contrary to regulations could also be impounded. The owner will likely be given an inexpensive period to reclaim them. If not reclaimed, the vehicle might be legally destroyed with the permission of the court. This may help authorities manage and overcome storage and questions of safety in public areas.
Addressing document forgery and vehicle cloning
The amendment increases the punishment under Section 19 for the offence of submitting false documents or false vehicle records, with higher fines and prison terms for those convicted of for these offences. It goals to tackle vehicle cloning syndicates and address the difficulty of document forgery and stolen vehicles, crimes that were previously not punished commensurate with the chance.
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This Article First Appeared At paultan.org
