Reckless motorists who belong to the “P” or Probationary class and those from the category of Competent Driver’s License (C.D.L.) can have their licenses revoked by the Road Transport Department.

Nevertheless, the Demerit System or Sistem Kejara which is currently adopted by the J.P.J. seems to be unable to tackle the problem of punishing reckless drivers. Reports say, in 2009, only 15 C.D.L. and 15 “P” drivers have had their licenses revoked or suspended by the authorities. Compare this to 5,282 show-cause notices which were issued to reckless drivers.

First and foremost, the Malaysian public should first of all understand exactly how the Demerit System operates. Under our present system, a C.D.L. driver who builds up a 15 demerit points within a 2 years period can have his driving license suspended. Whereas a “P” driver who chalks up 10 demerit points within a year can have his license suspended.

Under the current system, a driver who is issued a summons for a traffic offense is given a period of 30 days or 1 month to pay up his summons. It becomes an offense only when he or she pays up the summons itself or if he or she is found guilty by the courts. Only then can demerit points be tabulated.

There is however a loophole in the present Demerit System. Most motorists choose not pay up or settle their summonses. This goes on to explain why there is such a high rate of unpaid traffic summonses in the country today.

However, the Road Transport Department announced recently, the Demerit System will soon undergo a revamp. It would soon be overhauled to give the J.P.J. more power to deal with reckless drivers.

What are some of the changes that will be introduced into the Demerit System?

1) There will not be any appeal for motorist. Drivers who obtain 15 demerit points cannot in future appeal to the department. His or her driving license will automatically be suspended.

2) Another proposal change that would be introduced into the system will be the provision of 2 months grace period to settle existing summons instead of the present 1 month or 30 days grace.

3) No demerit points will be imposed if one pays up the summons within the stipulated period. However, after the grace period is over, demerit points will be automatically imposed.

4) Another proposal change which the system will undergo is that the department from henceforth will be able to revoke a person’s license without first having to obtain it from the offender. In previous cases, many offenders refuse to surrender their licenses when ordered to do so by the department. The department from now onwards will be able to revoke a license directly from its database.

The authority, that is the J.P.J. has always felt that the Demerit System which was implemented in 1984 has always been a failure. With this in mind, the J.P.J. has been unable to obtain the necessary powers to act against errant drivers. In reality, the authorities feel that enforcement through the Demerit system had been slowing down since 2005.

With the recent announcement whereby the Demerit System will soon undergo a massive revamp, it is hoped that reckless drivers will soon be handed the rightful punishment they deserve.

In the latest announcement to the Malaysian driving public, the Minister of Transport, Datuk Seri Kong Cho Ha feels the Road Transport Department has to adopt a stricter stance with regards to the Demerit System.

In fact, the success of the system should lie squarely on the shoulders of the Minster of Transport himself. As such, he should prove to the public his mettle. He should see to it that the new revamped Demerit System is not a failure.

On the 5th August 2010, the UMNO Youth Chief, Khairy Jamalludin, in his encounter with 14 bus and taxi operators, announced, “Saman ekor should be scrapped because it is unfair”.

Immediately one day later, the Minister of Transport, Datuk Seri Kong Cho Ha however announced, “Scrapping saman ekor may invite corruption”.

With such diverse opinions coming from both leaders of the same party in power, what are Malaysian motorists to believe?

But according to the Minister of Transport, Datuk Seri Kong believes besides scrapping saman ekor, this action will lead to abuse of power. Government leaders such as Khairy and Kong are therefore undecided.

On a proposal whereby traffic officers issue on the spot summons to offenders, Datuk Kong said, this would require more man power. Through saman ekor or summonses which are issued for traffic offences such as speeding along highways in which offenders are caught on cameras and indiscriminate parking, there are actually solid evidences to prosecute an offender. After all, speeding offences are normally recorded by video cameras which are sophisticated equipment that are reputed to cost the authorities a lot of money.

In the above exercise, motorist who are caught speeding on a stretch of highway are immediately stopped by road blocks which are set up a mile or so ahead. A summons is thus issued to the offender.

In certain cases, video cameras are mounted on the sides of roads and these cameras record the speed of vehicles passing by. They also take photographs of offenders and their vehicles.

In such cases, these evidences are taken back to the department’s offices. Officers then look through the evidences and if found to have concrete proofs, summonses can then be issued. Normally, such summonses, according to the police, are sent out to offenders who violate the law through registered mail.

What motorists are advised to do when they receive such summonses? They should settle the said summonses immediately. Such saman ekor, I believe is either issued by the police authorities or the J.P.J.

However, should a motorist or driver wish to challenge the authenticity of the charge, he or she should then take the necessary steps to engage counsel to fight out the case in the courts of law. Non settlement of any summonses will eventually lead to the authorities filing a suit against you.

Assuming a driver does not attend a hearing scheduled, he or she is said to have lost the case for which he is charged. The police authorities, which filed the case against a driver can then request the authorities responsible for issuance of road tax or license to blacklist the driver concerned.

Still on the issue of saman ekor, the PAS Vice President, Datuk Mahfuz Omar in an article entitled “J.P.J Blacklisting Owners and Vehicles Illegal”, advised the public few things. Quoting Sabah and Sarawak High Court, Mahfuz said in a judgment in 2008, authorities cannot deny motorists the right to renew licenses and road taxes. Or for that matter prevent anyone from transferring ownership of vehicles over nonpayment of summonses.

This was because, the High Court has declared it was a violation of Article 13 of the Federal Constitution and against Section 17 of the Road Transport Act or Ordinance 1987.

Furthermore, Datuk Mahfuz advised that the authorities, nevertheless, had the powers, according to the law to blacklist a vehicle if a driver has violated the R.T.O. 1987 or the Commercial Vehicle Licensing Board Act.

Continuing further, and quoting the case of Lim Yaw Ching against the Sarawak R.T.D., the Sabah and Sarawak High Court decided that a person should only be deemed to have contravened the R.T.O. and CVLB Acts if they have:

i) Failed to appear in Court.

ii) Or if they have been found guilty.

To compel motorists and vehicle owners to admit alleged offences and to pay up such summonses tantamount as wrong.

Finally, the public should also be informed that a memorandum has been handed to the Transport Ministry asking it to intervene and to stop the authorities from blacklisting vehicle owners.

The Road Transport Minister, Datuk Seri Kong Cho Ha has kept his promise to the public.

The minister has announced to the people, those with outstanding saman ekor and are currently blacklisted from paying their road taxes, renewing driving licenses and even transferring vehicles presently under their names can now be allowed to do so.

But motorists and those who are against the saman ekor system, who feel this system should be done way with, have now been given only a reprieve until the 28th February 2011.

The authorities have been kind enough to motorists involved. Summonses can either be settled in installments or paid in full. However, no reductions will be offered.

The above decision was arrived recently at a post Cabinet high level meeting conducted. With this decision, it looks as if the authorities still believe that the saman ekor system used currently to apprehend motorists and drivers especially speeding enthusiasts will have to be continued.

The Minister of Transport further advised that after 28th February 2011, blacklisting was to be reinstated again. The public is therefore advised to use this reprieve period to settle their summonses as soon as possible.

For readers’ information, the Demerit System, the authorities follow currently will be put on hold temporary. Summonses settled during this period will not be awarded the usual demerit points.

Speaking about the saman ekor further, Datuk Seri Kong Cho Ha has reiterated, is necessary. It is the authorities’ way of informing the people who possess wrong impression that enforcement officers are corrupt. Through saman ekor, there is this less contact between enforcement officers and traffic offenders.

Besides the above, saman ekor gives the opportunity for the authorities to apprehend offenders speeding along our highways. These people will otherwise not be able to be caught.

A new concept of enforcement will be formulated soon, the Minister said. Enforcement units will, from now on, be discouraged from hiding behind trees and obscure corners. Cameras will be set up in specific places. There will be ample signs set up to inform and to warn the public of impending speed traps ahead. They will be advised of such measures being installed.

After 28th February 2011, we hope all these measures will be implemented as promised. The issue of saman ekor should now be clear to all Malaysian motorists and drivers as from henceforth. The issue of this problem should ideally come to a halt. No quarters should now have any reason to complain about saman ekor anymore.