PUTRAJAYA: The Road Transport Department (JPJ) should stop blacklisting vehicle owners for failing to settle saman ekor issued by the police as it is unlawful and unconstitutional, said PAS vice-president Datuk Mahfuz Omar.
Mahfuz said the Sabah and Sarawak High Court confirmed in a judgment in 2008 that the JPJ did not have the authority to deny motorists the right to renew their licences and road taxes or stop the change of ownership of vehicles over the non-payment of summonses.
The High Court, he said, decided that this was in violation of Article 13 of the Federal Constitution and Section 17 of the Road Transport Act 1981 (RTA).
He said under the law, the JPJ director was empowered to blacklist a vehicle owner if the person has contravened or committed an offence under the RTA or the Commercial Vehicles Licensing Board Act (CVLBA)
“But in the case of Leonard Lim Yaw Chiang vs the Sarawak Road Transport Department (JPJ), the Sabah and Sarawak High Court decided that the person should only be deemed to have contravened the RTA and CVLBA or committed an offence under the two acts if they failed to appear in court or have been found guilty by the court.
“The High Court also found that the act of blacklisting vehicle owners over saman ekor was tantamount to compelling the person to admit to the alleged offence and pay the compound and as such was wrong,” he told reporters after handing a memorandum to the Transport Ministry here yesterday.
The memorandum called for the minister to intervene and stop the JPJ from blacklisting vehicle owners.
Mahfuz said there was also a lot of confusion over the letters police sent to vehicle owners for alleged traffic offences as some thought they were summonses.
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