Appealing On Traffic Summons In Malaysia

The Question of Summons, Can You Appeal Against Them and Where Do You Pay Them?

A motorist, be it a driver or a motorcyclists, ideally is expected to know traffic rules and regulations. Malaysians should be a little bit versed with Akta 333 or the R.T.O. (Road Transport Act) 1978.

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 it over with.

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

Normally 1 month is given to settle these summons. Settle these summons at the local police station.

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, 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.