Appealing On Traffic Summons In Malaysia
The Question of Summons, Can You Appeal Against Them and Where Do You Pay Them?
No matter how careful a motorist is, he or she will inevitably receive a summons one day.
Is there anyone who has never at all been summoned before?
A summons can be either be a Town Council summons (Majlis Perbandaran’s) or a Police summons. Some may even receive summons issued by the J.P.J (Road Transport Department) itself.
Why are summons issued?
Summons are necessary to ensure drivers follow rules and regulations. In short, drivers have to be “disciplined”. People say Malaysian drivers lack discipline. Whether true or otherwise, is something arguable.
Now, getting back to the question of summons itself, “tickets” issued by the Council authorities normally involve “parking” offences and non payment of parking meters.
To my knowledge, and differing from place to place, they can vary anything from RM30 to RM100. Usually, these summons are compoundable. Pay these compounds, and everything will go well.
Where do you settle these summons, so may inquire?
At the council’s office, of course. Unless you are one of a stubborn nature, or one who likes to “oppose” things, pay up these summons as soon as possible.
Don’t assume the authorities concerned will not take action against you. They might be slow in doing things, compared to the Police or J.P.J. Believe me, they will haul you to court, if they have to.
Coming to the question of can you appeal against summons issued by Council? Of course you can. Should you possess good, valid reasons to support your case, why not? But as reiterated earlier, the amount payable is “negligible”. The suggestion is, pay up and get all the feelings of panic away from your mind.
Now, let’s move onto summons issued by the police authorities. The police can issue you tickets or summons for a variety of reasons. For “no parking”, using “handphones”, “not stopping at traffic lights”, “speeding”, “non possession of driving license” and “expired road taxes”. The list goes on and on. Usually “fines” vary from RM100 – RM 300.
The fines are normally of 2 types:
a) Compound
b) “Appear in Court” before a Magistrate or a Judge
Can you appeal should you feel unhappy about certain things?
Of course you can. Go to the traffic department of the local police station. See a high ranking officer, preferably the Assistant Superintendent of Police (A.S.P.) to voice your appeal. If you have good reasons, it is sure your summons will be lowered.
However, if you should possess some friends, you could even get them to seek the good office of officers who are in some other locations, towns or police stations to help you reduce the amount summoned.
I have some “high ranking” officer friends who used to settle parking offences for only RM30. With issuance of official receipts, mind you. Parking offences by Police are around RM70 – RM100.
But, if you get a Police summons, which require you to appear before the Court, then you have no alternative.
Ensure you attend the court case as scheduled. Failure to do so will mean you “losing” the case and judgment will be given against you. The next step that follows will be a “warrant” of arrest can be issued against you.
At times, a summons that is issued is “open”. In such a case, the driver is provided the choice to either “pay the summons” (compound) or elect to be hauled to court”. The choice remains with you. My advice is, don’t make any no nonsense decision and pay up the compound!
Finally, let’s deal with the J.P.Js summons. This department can issue summons for “speeding”, using “handphones while driving”, “not wearing seat belts”, “not possessing valid licenses” and even “not affixing P onto your windscreen”.
For simpler offences, compounds are given. RM300 is the usual amount. Some summons, like having no license, license expired and no road taxes will mean the driver has to “appear before the court”.
Can one appeal against the summons?
Certainly so! Go to the J.P.J nearest office. See the Ketua Pengarah or Director to put forward your appeal.
Good luck to you!
Like summons issued by police, some J.P.J. summons give you the choice to elect whether you wish it compounded or do you wish to elect appearing in court. The choice is yours.
For advice on court proceedings as to how summons are dealt with in the above, you have to seek legal advice from your lawyers.
Good write up but I do not necessarily agree with your opinion that we should just pay up and forget about the legal hassle. What if the police was wrong? I was recently summoned by the traffic police for the offence of “not wearing my seatbelt”. I was the driver and I was wearing the seat belt when they conducted an “operasi” to catch motorists who don’t wear seat belt. Naturally, I protested but to no avail because they insist I was wrong.
So, they issued me the summon (the white piece with a month to settle the compound or appear in court). Because I was innocent I refused to sign the summon but it was still issued. Now, can you advise what I should do? Pay up even though I was innocent OR appear in court eventhough I know the case will be postponed for God knows how many times?
P/s I don’t think they have any photographic proof as it was an “operasi” if you know what I mean
Firstly, readers are welcomed to disagree with my contention / opinions. But remember James, in life we have to be practical.
Go to court by all means. Appeal, argue, fight out the case. It’s within your right. But don’t forget, eventually, the Hakim will usually side the government officer who summoned you.
What if the case is postponed over and over again for years. Are you willing to bear the hassle? Is it worthwhile sticking to your principles then?
Think over carefully what I have advised you to do in the article. If after pondering over it carefully, you still feel the same way, by all means, drop me another line. Maybe we’ll adjourn to a coffee shop nearby and continue our debate :)
Best of luck and take care. Nice having you disagree with me anyway.
Thanks for the reply. But you seem to be of the opinion that the police is the judge, jury and executioner. I will pursue this and will bear with the hassle. Maybe it’s because not many are willing to bear with the hassle. I am willing because I am innocent. Ever thought of that possibility? How can they randomly pick out a motorist and accuse them of commiting an offence? OK, if they have evidence in the form of photographs then you can say I am at the losing end. But they are human too and can make mistake. FYI, I was wearing a dark shirt when they “caught” me and my car’s seat belt is dark too. Can one discount the possibility that in an blink of an eye, the cop mistakenly thought I wasn’t wearing the belt?
Yes I know the case will be postponed time and time again. Frankly they can postpone it till my coffin is ready and I will fight it. Afterall, how can I admit guilt when I am innocent. I know this is Malaysia but it’s time the little guy stands up for his right. Don’t you think so?
This blog rests. Your opinions are respected.
i think for the Kesalahan Code Number 2 (parking issue) is normally paid for RM30.00. If i’m wrong pls tell me because i just went to paid SAMAN and the gal told like that Kesalahan Code Number1 is RM70.00(meletak kereta di kawasan yang tidak sesuai walaopun tidak anggu orang lain) and Kesalahan Code Number2 is RM30.00(parking issue – vehicle nv park in the parking lot with properly.)
Simple parking offenses normally RM30. Other offenses (Saman No.1) should be RM70.
i also hv the totally same situation wif james…i m very unhappy, because i m wearing my seat belt all the time…but i also refuse to sign the summons because i m innocent… but what i can do ??nothings!!this is malaysia!! they say other police who hide in the road side has saw that i m nt wearing my seat belt…OMG, i think that ppl need to check his eyes, since we have contribute so much money into gov!!!
If you feel you’re in the right, go ahead, fight for it. Best to you.
I had same case like James. The cops caught us and said the driver which my bf is talking with phone yet the people talked in phone is me which sit co driver side. my bf went out from car to talk with cops and protested too. but the cops keep saying my bf is guilty. one of the cop came over and ask me to mengaku that my bf is talking with phone. Hu.. I told him that i am talking with my phone and we are innocent. eventually, they just gone without saying anything and leave us beside the road. What is the cops want from us?
I need some advice from Cikgu Yap.
I got a summons recently which not wearing seatbelt while driving.
I refused to sign because I had placed my seatbelt before they tahan me.
They dun even talk much to me and straight away charge me 2 offences which is not putting seatbelt and refused to sign and ask me appeal to the court.
my frentold me if you put ur seatbelt before they caught u, u have right no to guilty.
Is this correct?
PLease advice which way is better for me to settle …
TQ ^^
When seen by the police you weren’t wearing a seatbeat, you were in the wrong. Refusing to sign for the summons issued, will get you another summons. Either you pay up the amount of RM600 or appear in court.
RM600? no compound ?
You can however ask for a discount. Good luck.
Hi Cikgu,
I got a saman that is not compoundable, and I went to the police station to try to settle the saman but he says we need to appear in court instead.
I am wondering what we should do in this case. Thanks for your advice.
Jack
Certain summons like license expired and road tax expired are court cases. You have to appear before a magistrate or hakim.
Cikgu Yap, Need advise. Met with accident where my car hit the other car. As I not currently unemployed, I cannot paid the repair and both make police report for insurance claim. However, police still issue me summon(uncompounded), need to appear in court if not settle by early next month. I still haven’t get a job. Can I appeal in court and request for reduction as still have other commitments? Will appear in court means I have record of appearing in court where most job application form(to be filled) will have columns asking whether One has committed offence and appear in court?
Pls advice urgently.TQ
Summons can be compounded. No need to go to court. You can request for a reduction. Pay up summons. It will not jeopardize your job application. Don’t worry.
Just to ask, any way to settle the warrant of arrest?
As far as I am aware, a warrant of arrest costs any department approximately RM200. You are advised to contact the relevant department to settle the issue. You will also have to discuss with them how to settle the earlier summons against you.
last night i went to kl and made a u-turn at jalan sultan ismail, in front of hard rock cafe traffic light.. by that time there’s a policeman car stopped me and said i’ve made a u-turn.. then i said i didn’t see any “no u-turn sign” at that road.. but they still summons me..
may i know how much i need to pay for the u turn summons?
in the summons form stated “you’re hereby ordered to appear in person or by a counsel” before magistrate court at jln duta kl on 21/01/2010.. do i have to attend this or can i just pay the summons?.. just lazy to go to court..
and at the bottom of the form stated “if the offence is compaundable, you are advised to have the offence compounde at trafik before 22/12/2010
pls i need advise..
Making a U turn at traffic lights is an offense. If an officer of the law wishes to summon you, he has every right to do so. My reference tells me a U turn offense carries a RM300 fine. However, I think you can ask the fine to be compounded. Also request for a deduction. Do it before 22/12/2010 though.
nice to meet you cikgu yap
thanks to my third brake light malfunctioning this morning, I have been summoned by a police officer (he gave me a hint to offer ‘help’ but i asked him to summon me instead)
gosh…this is my first time ever so far
may i know how much shd i pay for?
any advice if i can appeal?
thanks for your help
You can be summoned if a 3rd brake light malfunctions. My reference source tells me this fine is RM150. Appeal for the amount to be lowered.
Good evening there , Cikgu Yap.
lately as i renew my road tax of the car that i purchase 1 years ago I’ve come to realize there are unsettle summons from the previous owner what should I do ?
the second issue is that I’ve a speeding summons amounted 300 but given a incentive amount to 150 , as I’m a student and taking a loan from PTPTN I do not have that much of extra cash can i appeal for further reduction ? If yes , who should i appeal from ?
Thanks .
If you fail to settle the summonses of the previous owner, then your car would become blacklisted. Regarding the 2nd summons, currently the government is giving a 50% discount already. I doubt very much if yo can get further discount. Anyway, no harm trying. Best of luck to you.
Thanks , Cikgu Yap for your reply.
i just got summon from traffic cops at JB nearby the malaysia custom shell….. i came out from a one way street….. he charge me 2 summon n told me rm600…. my bro did the same offence another officer told him rm 400….. how do i appeal….. do anyone have the email address cuz i feel uncomfatable goin down the station…. they were saying if u pay within 15 days u will get 50% off……
wat is traffic cops….???
You can appeal with the department that summoned you. Then pay up quickly to get the current 50%. Don’t do it next time. Work fast. The discount period is about to over.
I received a summon notice posted to my house address stated i have offenced traffic rules in Johor Bahru.
In fact, im in KL not JB at time and date of the said Summon Notice issued.
How should i appeal for the same?
Such things do happen. You are advised to go to the nearest JPJ office to talk to them.
Cikgu,
i got a summon yesterday near the causeway. I made a u-turn when i was not supposed to. I was stopped by a cop and he told me alot of things in malay. I do not know where to pay my compound, i do not know how to pay. Please advice. It is the typical appear in person before magistrate court ….. and at the bottom if the offence is compoundable, you are advised to have the offence compounded at ( i can’t figure out what he is writing).
Please advice where do i settle this thing. according to this website
http://wangsamajuformalaysia.blogspot.com/2008/03/new-rate-for-traffic-offences.html
the parking fee is 70rm.
Is it reliable?
Pay summons JPJ at branch of JPJ office. Police summons payable at police station. U-turn offenses can be compounded. Not necessary to go t court.
i got a summon in march 2011 that is not wearing a seat belt, which is my fault. The summon need me to attent the court at 5/5/2011 which on yesterday. So yesterday i go, when arrive outside the court, they are few white shirt traffic cop sitting outside. So i ask them regarding my summon. One of the traffic cop which is a sarjan explain to me this summon will cost me RM300.00 & willing to help me settle if i pay RM150.00. So i starting curiuos izzit the right way to do. But those others traffic cops keep saying that i should let them settle for me or else i need to attend court. At the end dont knowing izzit the right way, i decide pay them. We xchange mobile number, will call me when settled & collect resit.
Hope and pray you have done the right thing and you are not cheated.
I am driving a singapore registered car and recently got a summon becuase the back pessenger did not put the seat belt at the back seat. As far as I know the seat belt rule only apply to malaysian registered car and not singapore registered. I think it was from PDRM and there is a court date there. Do you think I should pay the summon or any other suggestions ? Thanks.
Beg to differ that you seems to have misconstrued the law of back seat belts. Irregardless of whether it is Malaysian or Singapore car, the requirement to wear seat belts at the back seats remain the same. As such, settle the summons as soon as possible.
I just got a summon from police cox of talking phone and he wrote alot of thing that I cant c so clearly but is related to the you are hereby ordered to appear in person or by a counsel before majistrate court at dunno which place (I CAN’T SEE CLEARLY) on 21/7/2011..and if the offence is compoundable, you are advised to have the offence compound at trafik before 21/6/201…
I must attend the court?but his handwriting I don’t really can see…. Or I just settle at the nearest police station…? Or pay the summon at JPJ or…? Serious need advise here..thanks..Hope to get ur reply ASAP..THX
Settle summons at nearest police station quickly. No need to attend court.
Hi, hope that the website is still active. My friend was booked for not wearing seat belt today. The summon says to appear in court . But the summon given to him was a carbon copy. Is the carbon copy a valid summon?
Carbon copy summon is valid. Pay up the summons soon.
Hi,
Need your advise, my friend just got summon talking on the phone while driving. He was asked to attend court hearing in September. I thought they will usually give you a summon ticket first then if you insist on not paying they will ask you to attend court. Does it still apply? or my friend was being stubborn that’s why he got to go court.
Also may i know what will happen in court? and how much he needs to pay after that and if there are any consequences i.e revoke of license or etc?
Thanks hope to get your reply soon.
P/S: i was the one he was talking to on the phone :(
Your friend’s summons is compoundable. No need to attend court. Fine approximately RM150 – RM300. Try appealing for lower rates. Your license status probably not affected.
Hi,
Need your advise, I potong Q a JPJ officer. He gave me a Form 2 and there is no indication of the summon will cost. But it asked me to appear in court in 2 months time.
I just check myEG and found the summon cost RM300.
but based on here,
http://wangsamajuformalaysia.blogspot.com/2008/03/new-rate-for-traffic-offences.html
the summon should only cost RM70.
so i am confused now.
1) Do i still go to court?
2) Why the summon is so much higher?
thanks
Cutting Q is a RM300 fine. Though you’re asked to appear in court, try to have the summons compounded/ Also attempt to appeal for lower fine. Learn from past experience.
Hi Cikgu Yap,
i got a summon for not wearing a seatbelts from traffic police on 27/8/2011…
it is written there that “you are hereby ordered to appear in person or by a counsel before Magistrate Court at Jalan Duta on 27/10/2011 time 9am”
next at the bottom, the police did not clarify weather or not that the offence is compoundable or not compoundable,
and he also did not write down the last date for me to do compound my offence.
So my question is:
1. Whether or not i can compound the offence? or is it a must for me to appear in court?
Seat belts summons are normally compoundable. You have 1 month to settle the amount. Try to request for a lower amount.
Hi Cikgu Yap,
I would like to seek your advice… my dad has received a summon from JPJ Alor Setar with the following offences:
- run away from authority
- no seat belt
- drive in the opposite direction
JPJ requested him to send the car for 100% check.
My dad already sold the car, but the buyer did not bother to transfer the ownership. When my dad realized the car is still under his name (he got a parking summon from MPPP), he lodged a police report and informed JPJ to blacklist the car. He immediately replied JPJ Alor Setar with all the necessary documents. 1 year later, JPJ sent him another summon as he failed to send the car for 100% check. He needs to either settle the compound or appear in court.
How shall we proceed to settle this problem? We tried to contact the buyer but she said she already sold the car to another person ( I am not sure how she could do that).
Appreciate your advice.
It is noted that your dad has committed no less than 5 violations. You are advised to see JPJ authorities to settle the above violation immediately. Regarding your dad’s request that the authorities blacklist the car that he has sold off, JPJ cannot comply with your dad’s request. The authorities demand that you dad’s car be sent for a 100% check appears to be the most serious violation. In conclusion, your dad seems to be the only one who can solve the problem that he has created.
Hi Cikgu Yap,
I’m just got a summon on Sunday which is turn into “one way”, the summon i got is asked me to attend on court on 2-Nov. Can I choose to pay instead of attend on court next month?! It’s really troublesome & I have to work on 2-Nov morning. And, will I get a discount of 50% if I pay within this 15 days?!
Hope can get your advise soon as I can rush the “Golden Hour” to pay off the summon.
You have committed a very minor offence. See the authority which issued the summons. Ask them to compound the offence. Thus, you’ll not have to attend court on the 2nd of Nov.
I was fined in Damansara Endah for illegal parking 1/4/2011. But i parked at a housing area without any yellow lines. When i went for appeal in DBKL. She told me there wasn’t any yellow box or you might have parked closed to a drain hence the fine. I still submitted my appeal. I only received my appeal feedback in Oct and they wrote that the appeal failed requesting me to pay RM100 not stating any reason. I find it inadequate.
Can i still appeal and get them to send me prove like a photo? In fact on the same day the officer fined plenty of cars which i find inappropriate and i did take photos of it myself. I believe the fine was becoz it was the beginning of the quarter “Quotas needed”. Since that day, no fines has been dished out for parking in the housing area but only on the main road which has yellow lines.
Please advice
In certain housing estates under jurisdiction DBKL/ MBSJ, parking there is disallowed. You have no choice but to accept the above action of the authorities.
Dear Cikgu Yap,
I have similar question as Anddrew. i got a summon for crossing the double line.. again, the police did not clarify weather or not that the offense is compoundable or not compoundable.
It is written there that “If this is not compoundable, you are hereby ordered to appear in person or by a counsel before Magistrate Court at Jalan Duta on 4 January 2012” and if this is compoundable, you need pay the compound by 29 December 2011.
What should i do? am i allow to pay or it is a must for me to appear in court?
Normally, in cases like yours, it is possible for the offense to be compounded. Quickly go to the authorities that issued the summons and pay up. Not necessary to go to court.
Hello,Cikgu Yap
how to protest gorverment to use own birth date as driving renewal date,because i dont like (also many friends) dont like to show the age and birthday when visit a condominium to keep the driving liscen at guard house,,i got a friend KENA bomoh-bomoh used a bad guard to copy down her birthday and make black magic to her,cause she and mum ask the TOKONG,,now she is ok already.
Even i also dont know my brirthday when too busy,cause no one remind me the brithday,i only copy down renewal license date,,thx for telling me if you know which department and pls help to protest too.( NOTE:IC not allowed to leave in guard house,no one can keep personal ic)
Although there are the pros and cons for using our birthday in our licenses, complaining or protesting about it, I feel that it would be a futile effort. My suggestion to you is accept it in good faith.
I had just received a posted Bkt Aman police summon for speeding in March 2008. Why does it take 3 years for a summon to be issued? I cannot remember where I was 3 years ago. During the last summon discount exercise, I had checked on rilek and there was no outstanding summon for my proton wira. This summon states the vehicle as van persendirian while I am driving a wira. Can I appeal? Where do I go to appeal?
Certain things takes longer to process. See the authorities which issued the summons and demand that they show you the proofs, like photo and so forth. Certainly you can appeal and argue out your case should you feel dissatisfied.
would like to know the offences like not wearing seat belts or other offences are stated in the Road Traffic Act 1987 because i could not find the offence of not wearing seat belts and the fines for example RM300 or RM30. How do know that not wearing seat belts is an offence? which law? Pls advise. tq
Not all people are able to gather all information they want from the Akta Pengangkutan Jalan 1987. All motorists should ideally know that wearing a seat beat is a compulsory Malaysian law.
Dear ckgu yap,
I’ve just got summon because of my third break light malfunction. Seriously I was not aware of the situation. The police give me a white letter to appear on court on certain date. What should I do? can I pay instead?
See the authority that issued that summons. Have it compounded. The fine is about RM150.
where to look for the latest malaysia traffic offence rate?
if got fren who met accident and the motorist got injure leg broken….
the polis told is offence under section 43-careless driving…and issued summon for rm5k. is that the actual fine rate in Selangor? if appeal how low it can go down….
i personall felt this s43 offence was biz general…..infact whoever on the road must be carefull……especially at the road junction without trafic light….why the traffic police never fit the light…who to blame….
Thank you
My researches into Section 43 of the Road Transport Act 1987 informs me that the above section is a very serious traffic offense. The above section provides for a driver committing the said offense to be fined (on conviction) up to a sum of not less than RM10,000.
A person can also be sent to prison for a period of not more than 5 years. According to Borneo Post, a popular newspaper, a motorist there, who committed Section 43, was fined RM4,800 on 10/3/2011. As such, your contention that motorists on the road should drive with extreme care is absolutely correct!
The police or the authorities cannot possibly be expected to install traffic lights at all junctions. Therefore, the onus is for all drivers and motorists that they should drive safely to ensure that accidents do not take place.
Regarding your friend who has been issued with a RM5000 fine, can appeal to the courts when the case comes up for mention later. I hope that all other motorists should take heed of Section 43 (driving carelessly and causing injury) and avoid being summoned.
Dear Cikgu Yap,
The police gave us a court order, to appear in court 1 month from today, written on the paper, “no left turn”. Can this be fined instead of appearing in court? I felt that this is a minor offence.
See the authorities that summoned you. You are right, your offense seems a trivial one. Appeal for it to be compounded.
Dear Cikgu Yap:
I’m currently a P licence driver, and I just committed the “not obeying the traffic light” offence ( fortunately I didn’t cause an accident or anything). However, there were no police or anyone there at the time, so I’m wondering what will happen to me since this is my first committed offence?
If no one saw you or summoned you, forget it. Do not beat the traffic lights again.
i was wondering, why do we have to put parking coupons? is there a specific place where we must put the coupons? or for all the times we park?
Parking coupons are proof that you’ve paid to park your car in gazetted area in town. The coupon is to be displayed clearly on your car dashboard. Most places in town now has to pay parking fee. There are certain places which do not need parking fee. When you park your car in town, look around the surrounding. If you see a parking fee collection machine, that means you have to pay parking.
Hello, Cikgu Yap. I’m facing a problem and hope to seek some advice from you.
I have JPJ summon which committed the following seksyen 23(1), 90(1) – LKM Tamat Tempoh , Tiada Perlindungan Insurans and order to attend Court Magistrate by 25.05.12 .
Is that any other ways to pay my summon or i have to attend the court ? Do you know roughly how much i need to pay after going to court ? Thanks in advance. Hope to get your reply as soon as possible.
Yours is a very serious offence. It’s normally a court case. However, you could see the authorities that issued you the summons. Try appealing for it to be compounded.