No escape for errant foreign motorists beware

FACE THE MUSIC: RTD system to be in place by 2014

KUALA LUMPUR: FOREIGNERS who commit traffic offences in Malaysia will not be able to escape paying fines much longer. They will have to settle their summonses as they exit the country.

This will be made possible by the implementation of the Road Transport Department's (RTD) Automatic Vehicle Screening System (AVSS) in 18 months.

The new system, under the Automated Enforcement System (AES), will be used to collect and store data on foreign travellers who enter Malaysia using private vehicles.

RTD AES section chief, Abdullah Hashim said the system was to ensure that anyone who broke our traffic laws, would have face the consequences.

"Their vehicles will be registered when they enter Malaysia. When they are about to leave, they will be screened for traffic offences at the border.

"Offenders will be made to pay the RM300 standard fine for each traffic summons issued, and only then will they be allowed to leave Malaysia," Abdullah told the New Straits Times when met at the AES Region A control centre yesterday.

The AVSS would be implemented in the AES' final phase of implementation. By then, 831 cameras would have been set up nationwide to nab those who go over the speed limit or beat the red light at traffic junctions.
He said that later, motorists would be penalised for other traffic offences, such as driving without safety belts, driving while talking on the handphone and overtaking on the emergency lane.

Meanwhile, Perak state Infrastructure, Public Utilities, Energy and Water Committee chairman Datuk Ramly Zahari who was present at the AES control centre, said he was proud that Perak was involved in the AES pilot project.

"Now that we have seven AES cameras in Perak, there are fewer people disobeying the traffic rules.

Read more: New Straits Times

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AES should no longer be a political issue, says Kong

KLANG: The Automated Enforcement System (AES) issue should no longer be a political issue following the High Court's decision to disallow a municipal council to remove the cameras, Transport Minister Datuk Seri Kong Cho Ha said.

“Politicians should not use the issue to gain political mileage and woo voters in the general election.

“From the very beginning, the implementation of the AES was aimed at saving lives.

“Likewise, politicians should stop taking advantage of the issue for their own personal gain,” he said at a press conference after a ceremony to celebrate the 100th million container handled in Port Klang by North Port (M) Bhd here yesterday.

Earlier in the day, the Kuala Lumpur High Court ruled that the Sepang Municipal Council had no power over the construction of structures, including AES structures, on federal roads.

The court ruled that only the Works Ministry had jurisdiction over these structures.

Welcoming the decision, Kong said: “We have to respect the country's laws and regulations as we are governed by them.

“It is important that the rule of law must prevail, not only for road users but also municipal councils.”

On the port's achievement, he attributed the success to the country's economic transformation programmes and positive economic growth in China, Japan and Korea.

Source From : The Star

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Selangor loses AES cameras case

KUALA LUMPUR: THE High Court yesterday quashed the notices issued by the Sepang Municipal Council directing a company to dismantle the Automated Enforcement System (AES) cameras at two locations in Selangor.

In allowing a judicial review application by the company, Beta Tegap Sdn Bhd, judge Datuk Zaleha Yusof ruled that the council had no jurisdiction over the two highways where the cameras were located.

Beta Tegap was one of the companies awarded the AES contract.

"The AES structures are located within federal roads and do not fall within the jurisdiction of the respondent (Sepang Municipal Council).

"Even though they are on state land, highways have been declared as federal roads. Therefore, the state government is under a constitutional obligation to ensure compliance and not to impede or prejudice the exercise of the executive authority of the federation," Zaleha said.

Both highways, the North-South Expressway (PLUS) and the South Klang Valley Expressway (SKVE), were declared federal roads by the works minister on Dec 27, 1988, and June 25 last year respectively.

"The fact that the land is state land does not make the respondent the owner of the land," said Zaleha, who made no order as to cost.

Zaleha also ruled that the AES pole and camera fell within the definition of "building" as defined in the Street, Drainage and Building Act 1974.

The Sepang Municipal Council's notices to the company were issued under the provisions of the Act.

The notices required Beta Tegap to apply for planning permission for the construction of the AES poles and cameras, and directed the company to dismantle them.

In its application on Dec 12, Beta Tegap challenged the council's directive in ordering the dismantling of AES cameras at Km301.7 of the PLUS highway and Km6.6 of SKVE.

The council had, in a letter dated Dec 6, ordered Beta Tegap to dismantle the cameras at the two locations within 14 days.

Counsel Gobind Singh Deo, who acted for Sepang Municipal Council, told reporters that he would advise his client to file an appeal.

Beta Tegap was represented by Alex De Silva while senior federal counsel Amarjeet Singh appeared for the Attorney-General's Chambers, who was an intervenor in the judicial review application.

The High Court has quashed the notices issued by the Sepang Municipal Council to Beta Tegap Sdn Bhd to remove the Automated Enforcement System cameras at two locations in Selangor. Pic by Fariz Iswadi Ismail

Read more: New Straits Times

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AES introduction portal

Beat AES, Save Lives

AES  introduction portal URL : http://www.drivesafe.my

The Automated Enforcement System (AES) is part of the Government’s effort to improve road safety in the country. The Malaysian Road Safety Plan 2006-2010 was launched to address the alarming rise of fatalities and injuries resulting from road accidents.

• An average of 19 people killed in road crashes daily
• Just last year, 6,877 fatalities were recorded.
• More than half of those dead were motocyclists and/or pillion riders (4,169). This was followed by car drivers and/ or their passengers with 1,389 victims.

The strategy of the effort is to focus on 5Es: Engineering, Enforcement, Education, Enviroment and Evaluation.

The key Government agencies managing and overseeing the implementation of this Plan are the Ministry of Transport (MOT), Road Transport Department (RTD), Road Safety Department (RSD), Malaysian Institure of Road Research (MIROS), Ministry of Works (MoW) and the Royal Malaysian Police (RMP).

Just last year, the JKJR along with the Road Safety Council worked with the private sector on more than 8,000 community-based projects nationwide.

Source From : www.drivesafe.my

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'Council cannot take down AES'

KUALA LUMPUR: The Sepang Municipal Council has no power to issue notices for the removal of two Automated Enforcement System (AES) poles and cameras on two federal roads, a High Court heard.
Lead counsel Alex De Silva, who acted for Beta Tegap Sdn Bhd, one of two companies appointed by the Government to manage the AES, said the North-South Highway (PLUS) and South Klang Valley Expressway (SKVE) were declared federal roads.

“The council cannot use the Street, Drainage and Building Act 1974 to in­­­­­terfere on the construction of st­­­­ructures on the highways,” he added.

He argued that PLUS and SKVE were concession highways under the control and management of the Malaysian Highway Authority, which had given the approval to carry out the installation of poles and cameras.

De Silva said the company did not commit any offence under the said Act, as contended by the council in its notice, because poles and came­ras could not be considered as “buildings”.
He argued that the council did not intend to provide any opportunity for the company to be heard and had already made up its mind to tear down the AES poles.

“This is further evidenced by the stand taken by the Selangor Government that the structures are illegal and will not be allowed to be erected in the state.

“Thus, any application for planning permission, which in any event is not required, would have been an exercise in futility,” he said.

He submitted that the case was not about the efficiency of the AES system and asked the court to quash three decisions made by the council over the poles and cameras.
He applied to the court to grant a declaration that the council does not have jurisdiction over the PLUS and SKVE highways.

Senior Federal Counsel Amarjeet Singh, who acted for the Attorney-General’s Chambers as an interve­­nor, submitted that the proper authority – with jurisdiction to approve the applications to set up the AES on highways – was the Works Minister, pursuant to Section 85(1) of the Road Transport Act 1987.
He said both highways had been declared federal roads, while submitted that the notices ought to be quashed on grounds of “illegality”.

Lead counsel Gobind Singh Deo, who acted for the council, argued that his client had wide power in taking action on structures built without authority on state land and that the issuance of notices was in accordance with the law.

High Court (Appellate and Special Powers) judge Justice Zaleha Yusof set Feb 21 to deliver decision after hearing lengthy submissions by both parties on the merits of the judicial reviews.

Beta Tegap is seeking, among others, an order to quash the council’s Nov 19 decision that it needed to have planning permission to install the cameras at KM301.7 of the PLUS heading towards Kuala Lumpur and the other at KM6.6 of the SKVE heading towards Kajang.

Source From : The Star

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Permission Not Needed To Install AES At Penang's Federal Roads - Penang RTD

BUTTERWORTH, Feb 15 (Bernama) -- The Road Transport Department (RTD) is not required to obtain permission from the Penang Government to install Automated Enforcement System (AES) cameras at federal roads in the state.

Not to be viewed as rude, Penang RTD director Datuk Hassan Yaccob said his department would brief the state government relating to this implementation although the department had the right on federal roads.

"If the state government still did not agree to the installation of AES, we will install the system in the federal roads, and they can't stop (us) because the street is under federal government," he said at an 'Op Selamat Chinese New Year Road Safety Campaign' press conference here Friday.

Newspapers recently reported that Chief Minister Lim Guan Eng did not want AES cameras to be installed in the state, and that he would remove them if they were installed.

Hassan said 59 accident-prone locations had been identified by the department for the installation of AES cameras in the state.

Of the number, 39 AES cameras would be installed along major roads to detect the speed limit while 18 would be placed at traffic lights.

Source From : Bernama

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AES: JPJ perlukan kerjasama negeri

Solah Mat Hassan

KOTA BHARU - Ketua Pengarah Jabatan Pengangkutan Jalan Raya (JPJ), Datuk Solah Mat Hassan berharap pemasangan 831 kamera Sistem Penguatkuasaan  Automatik (AES) di seluruh negara tercapai setelah isu teknikal dan kefahaman dapat diselesaikan dalam masa terdekat.

Bagi tujuan itu, beliau berkata, pihaknya sedang mengemas kini aspek teknikal dengan mengadakan perbincangan di pihak berkaitan termasuk menyelesaikan isu berbangkit seperti mengenai lokasi kawasan black spot dikatakan bukan kawasan kerap berlaku kemalangan.

Menyifatkan kritikan  keras terhadap sistem ini adalah biasa memandangkan ia baru diperkenalkan, Solah secara sinis berkata, mereka yang 'bising' itu adalah daripada kalangan terbabit dengan kesalahan dilakukan.

"Pada peringkat senario sekarang, isu ini akan dipolitikkan, apa lagi isu penguatkuasaan, pada saya ia ditimbulkan kepada mereka yang menerima kesan langsung, kepada mereka yang tidak salah, tak ada apa pun, adakah anda bimbang sekiranya orang  mengedar dadah digantung, kalau anda tidak mengedar, anda tidak akan berasa apa pun," katanya kepada Sinar Harian, semalam.

Solah berkata, setelah semua aspek yang dikaji itu dimuktamadkan, pihaknya akan membuat penerangan kepada semua pihak termasuk kerajaan negeri yang menangguhkan pelaksanaannya sebelum ini.

"Selain penerangan, kita juga memerlukan kerjasama  kerajaan negeri untuk menjaga keselamatan, kerja ini bukan satu pihak sahaja dan ia menuntut kerjasama daripada kerajaan tempatan," katanya.

Pemasangan AES dimulakan sejak Jun tahun lalu dan dijangka akan dilaksanakan sepenuhnya akhir 2012, namun ia mendapat bantahan hebat daripada pelbagai golongan termasuk empat negeri Pakatan Rakyat iaitu Selangor, Pulau Pinang, Kedah dan Kelantan yang mahu menangguhkan pelaksanaannya.

Dalam pada itu, Solah menjelaskan pemasangan AES adalah jelas mahu mengurangkan kadar kemalangan jalan raya dan bukannya mengenakan saman semata-mata.

"Buktinya, sebelum ada kamera AES, kita meletakkan papan tanda untuk mengajar pemanduan lebih selamat, jangan laju, kalau di tempat lampu isyarat tidak boleh langgar," katanya yang menjelaskan sistem masa depan memerlukan teknologi memandangkan jalan raya dan kereta semakin bertambah.

Source From : Sinar Harian

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