THE MOST AUTHENTIC driving experience in Penang would definitely include getting stuck in traffic, struggling to secure a parking spot, and worse, getting blocked by vehicles parked illegally.

Traffic enforcement in Malaysia is primarily conducted by three agencies, the Road Transport Department (JPJ), the Royal Malaysian Police (PDRM) and local councils. Nevertheless, the public takes lightly traffic enforcement—or indeed any form of enforcement— from the local councils. This is evident; in Penang, as of March 2024, the amount owed to the City Council of Penang Island (MBPP) for traffic and parking fines is a staggering RM61mil.[1] The Kuala Lumpur City Hall (DBKL) has appointed three companies as agencies to carry out the collection of arrears for assessment tax in the Federal Territory. Public compliance with local council enforcement in any form remains a persistent challenge, especially when compared to other agencies equipped with similar enforcement authority.

Although local council traffic wardens are given the power to compound offences like illegal parking and non-payment of parking, problems arise when the local council lacks discretionary powers to prosecute— it is also unrealistic and wasteful to prosecute minute offences. Despite the installation of multiple surveillance cameras, traffic wardens do not have the authority to obtain digital evidence for the purpose of issuing summonses for traffic offences. Their counterparts, JPJ and PDRM, however, do have the authority to use such digital evidence. Hence, traffic enforcement conducted by the local council has to rely on traditional and non-automated methods, which involve deploying traffic wardens manually on the ground. The limitation has caused ineffective traffic enforcement by the local councils.

The complication is primarily due to loopholes that exist in present traffic laws. The Road Transport (Amendment) Act 2010 included the addition of Section 53A of the Road Transport Act 1987, through which only PDRM and JPJ officers have the authority to use digital evidence obtained from devices like CCTV units to issue summonses for traffic-related offences. However, according to the Hansard, the intention of Parliament was to enhance road safety through effective monitoring, enforcement and automated detection of traffic violations.[2] The limited enforcement powers of the local councils have, therefore, created lacunas, preventing the full achievement of their intended goals.

If automated systems such as Automated Enforcement System (AES) and Automated Awareness Safety System (AWAS) can be applied by local councils for hotspots where offences under their portfolio, like illegal parking, are prevalent, they would be able to use CCTV units equipped with AI for effective and automated enforcement. However, such efficacy can only be achieved if the lawmakers fill up the legal gaps; local councils are not able to enact regulations that empower themselves beyond the powers conferred upon them by Parliament.

Courts have checks and balances to ensure that local councils do not act outside their jurisdiction. Based on this principle, the court once ruled that local councils do not have the authority to clamp vehicles for unpaid parking fees and outstanding fines.[3] This has to be corrected so that it does not contradict the recommendation of the Royal Commission of Inquiry on Local Authorities Athi-Nahappan Report, which says that there must be efficacy in enforcing local laws in terms of power to compound offences.[4] Additionally, all traffic enforcement agencies— local councils included—should also optimise the automated systems that provide evidence, in both image and video form so that it complies with the requirements in accordance to the law of admissibility of digital evidence in Malaysia. Essential procedures include certifying system functionality, routine maintenance and expert witness training to avoid technical acquittals for traffic offenses.

There needs to be better forms of collaboration with the Attorney General’s Chambers so that local council officers can be appointed to conduct trials for these offences when necessary. Granted, it is impractical and extremely burdensome to prosecute minor offences; pursuing repeated offenders or those who have accumulated a significant number of fines could be more effective as deterrence. The logistical and financial burdens of attending court, which can act as forms of indirect punishment, would incentivise offenders to pay their summonses and act as more prudent motorists.

These forms of deterrence had been successful in the past, as seen through the implementation of AES systems across Peninsular Malaysia. Statistically, the number of red light violations after the implementation of the system significantly decreased.[5]

Penang is truly a mesmerising state, but many would agree that better traffic enforcement coupled with a shift in the mindset of motorists can transform Penang into a smarter state that inspires the nation— an ideal espoused in the Penang2030 vision.

Footnotes

[1] Moroter, T. (2024, March 22). MBPP to reset compounds and introduce new rates. Buletin Mutiara. https://www.buletinmutiara.com/mbpp-to-reset-compounds-and-introduce-new-rates/

[2] Malaysian Parliament. (2010, December 15). Debate on the Road Transport (Amendment) Act 2010. Hansard. Retrieved from http://www.parlimen.gov.my/files/hindex/pdf/DR15122010.pdf

[3] Nursyafawati bt Kasim lwn Majlis Perbandaran Kota Bharu Bandar Raya Islam [2023] 1 MLJ 378

[4] The Athi-Nahappan Report, issued in 1968 by the Royal Commission of Inquiry on Local Authorities in Malaysia, critically evaluated the administrative structure, powers and responsibilities of local governments. It aimed to offer substantial recommendations for enhancing their efficiency and accountability, and importantly, to explore the reinstatement of local council elections, which had been suspended initially during Indonesia’s confrontation against Malaysia.

[5] Kabit, M. R., Sabihin, N. A., & Wan Ibrahim, W. H. (2016). Effectiveness of automated enforcement system (AES) in reducing red light violation (RLV) behaviours: A case study in Kuala Lumpur. Journal of Civil Engineering, Science and Technology.