Explaining the Malaysian Traffic Summons

About 3 years ago, a Perodua Kancil registered under my name, but used by my son was issued summons for violations of parking in Petaling Jaya.

Failure to settle the summons promptly led to legal adviser of M.B.S.J. deciding to take legal action against me.

What I’m trying to imply? Is there any driver who has not been issued a summons before? I sincerely believe not.

Some seven or eight years ago, my younger sister went to the market in Pandaran New Village. My sister says vegetables and fish down there were not only fresh but cheap as well.

When she reached a certain traffic light, the lights were red. So she waited and waited. The lights still remained red as well. My sister was a patient person. She waited for quite a long time.

Finally, it dawned upon her that the traffic lights had gone kaput. So she entered first gear and moved forward. Unluckily for her, the moment she moved ahead forward, a traffic cop passed by.

My sister was stopped and charged for crossing the traffic lights while it was at red. While my sister was arguing with the cop, the traffic lights then turned green.

The cop issued my sister a RM300 summons! No amount of explanations and pleadings with the traffic officer could influence the cop not to summon my sister.

Another summons case I heard about involved my friend Mr. Liew. Mr. Liew told me one day, he was riding his motorcycle. He was taking a corner near Technical School at Jalan Langat heading into Bayu Perdana housing estate.

The traffic lights then was green. As Mr. Liew rounded the traffic lights, he was stopped a few yards ahead by a traffic cop.

The cop insisted Mr. Liew has in fact beaten the traffic lights. Mr. Liew argued and insisted that he did no such thing. Again, as in the case of my sister, the cop refused to listen to his appeals and explanations.

Of course, Mr. Liew who was also a teacher could not accept the cop’s decision. And do you know what my friend did? He refused to accept the summons the cop issued him. He told the cop that he was going to fight the case in court.

He adamantly claimed he was in the right. There was no way that he was about to be issued a summons for something he had not done.

I have not met Mr. Liew since. I am therefore not aware of what the outcome of this case. Rest assured, if I should have a chance to meet Mr. Liew in the near future, I would certainly inquire about the outcome of this interesting case.

Talking about summons, this article would like to highlight what ideally should a normal piece of summons contain, irregardless of whether it is issued by the police or the J.P.J.

To readers who are not too well versed with what a summons contain, do kindly take note. It might be of some help to you one day.

A summons that has been issued should ideally contain the below mentioned item:

i) Date.

ii) Place where the traffic violation took place.

iii) The item or section under which the traffic violation was contravened.

iv) The signature of the issuing officer.

v) Whether the summons was a compound or a case to appear before the courts.

vi) The office signing the summons should have his name stamped below his signature.

vii) The summons should be accepted and signed by the person violating the offense.

Should any of the above item be missing from the summons, my experience as a driver tells me that the above summons can be deemed null and void.

Has a driver any right not to accept a summons that an officer of the law has issued against him? Can he refuse to sign the summons which he feels has been unfairly issued?

If a driver should feel he has been intimated, and should he refuse to sign the summons as requested by the good officer of the law, the officer could cite the motorist for attempt to prevent him from carrying out his official duty.

In fact, he could be arrested and taken to the nearest police station. This is provided for by law.

The above incident befell my comrade, Mr. Chandran, who unfortunately passed away in Australia a few years ago.

Mr. Chandran told me that he was topped at a speed trap operation at Jalan Watson, near the famous Laselle School in Jalan Telok Gadong, Klang, a few years ago.

Although Mr. Chandran claimed that he was traveling not more than 70 km/h that night, he was stopped and charged for speeding well over 80 km/h by a speed trap operation team.

As an experienced driving instructor for more than 40 years, there was no way my friend Mr. Chandran was about to accept the accusation that he was speeding.

What finally happened was, when Mr. Chandran refused to be taken to the police station by the officers, the officers had no alternative but radio the police station for assistance and reinforcement come to remove him.

In talking about the summons issued to my sister, Mr. Liew and Mr. Chandran, it is imperative that I inform you about something that you should know.

If a person who wishes to appear in court to fight out his case in the courts of law, that is before a Magistrate or a Hakim, it is normally believed that the learned, the Yang Arif, would tend to side with the officer who issued the summons.

But do not despair.

If the summons case comes before the court of law and unless the traffic offense you have been cited to violate can be proven beyond any reasonable doubt, the offense will normally be thrown out of court and as such you shall not be charged.

The law is fair and rest assured and rest assured you will be accorded the fairness that you deserve.

To conclude this article on traffic summons, permit me to quote one of my former lecturer on Chinese history, En. Abdul Rahman. In the Chinese history, you are guilty, unless proven otherwise. Whereas in European law, the maxim seems to be, “Not guilty, until proven guilty”. That is the beauty of “law”.

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