PMLOA Urges Government to Review Hefty Fines on Overloading

PMLOA

PMLOA propose the implementation of non-monetary penalties and extending the responsibility to include drivers and consigners on overloading.

PMLOA: Hefty Fines on Overloading Might Increase instances of bribery 

Pan-Malaysia Lorry Owners Association (PMLOA) has urged the government to review the hefty fines imposed on lorry operators, especially for overloading.

The Road Transport Department (JPJ) used the provisions under the Land Public Transport Agency (APAD) Act against the offenders. Under this Act, lorry operators that caught overloading are liable to a fine between RM1,000 to RM5,000 or to a maximum 2 years’ jail, or both,” said PMLOA President Datuk Ng Koong Sinn in a press conference.

He pointed out that under the JPJ Act previously, both lorry driver and operator would be charged with a fine of RM 2,000 each. However, in the latest enforcement only the lorry operators are summoned, and there is no provision in the APAC Act to penalise the lorry drivers and consignors who are also equally responsible.

“The JPJ officers had issued hefty summonses against lorry operators under the APAD Act, and there were more than 10 cases up to now. What made the members even more concerned was that one of the operators was slapped with a fine as high as RM40,000. Thus, the Association urged the Transport Ministry to look into this matter and that JPJ officers could use provisions under the JPJ Act.”

Ng stressed that PMLOA is fully aware of the good intention in imposing penalties on operators in overloading of cargoes for the safety of other road users as well as to avoid undue damage to the roads. However, with due respect to the law and intention, the Association disagreed with the manner in which the APAC Act was administrated.

 “Our concern is the possibility that it may give rises to increased instances of bribery by operators or owners and corruption by enforcement officers. We do hope that the Government would review the existing regulations and propose the implementation of non-monetary penalties and extending the responsibility to include drivers and consigners. Tools such as demerit point system on the driver’s or operator’s license could be used as a deterrent.” 

The Association currently has more than 2,000 members in 12 states. 

 

大马罗里同业总会呼吁政府

检讨对超载处以巨额罚款

马来西亚罗里同业总会(PMLOA) 呼吁政府检讨对罗里运输业者处以巨额罚款的法令,特别是超载。

“马来西亚陆路交通局(JPJ)目前采用陆路公共通法令对付违规者。在该法令下,超载的违例者将处以1,000至5,000令吉的罚款,或不超过两年监禁或两者兼施。”马来西亚罗里同业总会拿督黄冠燊在记者会上表示。

他指出,按照过去的陆路交通法令,超载的违例罗里司机和运输公司各罚款2000令吉。然而,按照最新的陆路公共交通法令,只处罚罗里运输公司, 而没处罚同样有责任的司机和托运人。

“马来西亚陆路交通局对运输业者发出巨款罚单,目前累计案例已超过10个。更令业者关注的是,我们的其中一名会员收到高达4万令吉的罚单。因此,公会呼吁陆路交通局正视这件事,并希望陆路交通局可以引用过去的陆路交通法令。”

黄冠燊强调,公会完全了解政府对货物超载处以巨额罚款的用意,是为了其他道路使用者的安全和避免道路过早损坏。然而,在充分尊重该法律和意图下,公会不赞成使用陆路公共交通法令。

我们担心的是对运输业者或东主过于严厉的刑罚可能会提高贪污行为。我们希望政府能够检讨目前的法令,并建议采取非金钱处罚制,比如实施驾驶执照扣分制来对付司机和运输公司等,并扩大到所有利益相关者如司机和托运人。

该公会目前在12州拥有超过2000名会员。

 

About the author

Mary has over 20 years experience as the editor of our Malaysian sister magazine, The Tyreman. Based in Kuala Lumpur, she writes articles for us on the Malaysian and other South East Asian markets.

Phone: (60) 3 7781 1323

Make sure you don't miss a single issue

Click here to subscribe and we'll make sure of it.