AES – A-G’s Chambers halts all court proceedings

speedtrap cam

The Attorney-General’s Chambers (AGC) has ordered a halt to all court proceedings related to Automated Enforcement System (AES) summonses to study legal concerns that have been raised, according to a report published by The Malaysian Insider.

In a statement, the AGC said: “In view of the concerns made by certain quarters on the law and other technicalities, the AGC has decided to look into this matter and directed that all proceedings are to be withheld until the concerns have been addressed.”

It added that a decision would be made within the next few days on the said issues, and that the AES summonses issued by the Road Transport Department (JPJ) were still valid.

“In respect of the four AES summons cases that have been discharged not amounting to an acquittal, the AGC will re-study them and they will be re-registered if they warrant any prosecution,” the statement said.

The news follows an earlier report that Putrajaya was considering deferring the implementation of the AES to avoid duplicating the police summons system that will continue to be in place.

14 cameras have been running since September and JPJ expects to roll out the RM700 million privatised system and its 831 cameras by end-2013. The police, however, have said they will continue putting up mobile speed traps near the AES cameras, which could result in dual fines for errant motorists.

Since its implementation on September 23, nearly 300,000 AES summonses have been issued, of which around 10,000 have been paid up.

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Jonathan James Tan

While most dream of the future, Jonathan Tan dreams of the past, although he's never been there. Fantasises much too often about cruising down Treacher Road (Jalan Sultan Ismail) in a Triumph Stag that actually works, and hopes this stint here will snap him back to present reality.

 

Comments

  • Automatic Earning System (For Cronies) on Dec 19, 2012 at 11:45 am

    Dual fines by JPJ and Police is illogical! The rich will still continue to speed because they still can afford to pay the summonses.. or use their highly connected network of contacts to waive/reduce the summonses.
    My suggestion is to implement summonses based on a portion of their salaries, just like some Scandanavian countries do.

    Like or Dislike: Thumb up 36 Thumb down 6
    • twincharger07 on Dec 19, 2012 at 12:49 pm

      Dual fines?? Another “Malaysia Boleh” achievement. Our current government will suck us dry whenever they can when it comes to auto vehicles.

      Like or Dislike: Thumb up 0 Thumb down 0
    • What if they are so rich that they don’t have salary?

      Like or Dislike: Thumb up 17 Thumb down 3
    • carlos on Dec 19, 2012 at 2:31 pm

      Malaysian Insider is twisting here as usual . PDRM still will conduct their own speedtrap operations but not next to AES installation. PDRM never issued such statement. They only say it will be a dual system alongside – not physically next to each other.
      Does not make any sense coz for AES, there shall be clear warnings ahead. So the police would just be sitting under the sun while the traffic had already slowed down.
      The legal matter being raised is the nature of summons being issued. Technically the cameras are still privately owned by the concessionaire until certain time where the system will be transferred to the government. Only government officials can issue summon such as PDRM, JPJ, local council enforcement officers like MPAJ, MBSA, DBKL etc. So how JPJ going around this? The AG spotted this and if certain parties challenge this in court, it will be a blow to JPJ

      Like or Dislike: Thumb up 14 Thumb down 16
    • Speedmeister on Dec 19, 2012 at 3:25 pm

      So if you are jobless or a student, no saman right?

      Rich, poor, hensem, ugly, man, woman or teenagers should get the the same amount of fine la.

      Like or Dislike: Thumb up 5 Thumb down 11
      • of course there must be min amount..

        but i really agreed on summonses are based on their pay.

        it also will solve the (declare harta) thing IMO.

        Like or Dislike: Thumb up 0 Thumb down 0
  • oilworker on Dec 19, 2012 at 11:46 am

    legal concern? More like GE is coming…

    Like or Dislike: Thumb up 0 Thumb down 0
    • yea… “but how bout the kroni?” one might ask… then dacing answer, “if we lose, kroni become criminals…” then everyone agrees to halt…

      Like or Dislike: Thumb up 10 Thumb down 2
  • Bimmer on Dec 19, 2012 at 11:54 am

    If the court has ruled that the defendant is guilty but the court only gave a warning as the punishment, I don’t think that the case can be re-registered but instead JPJ must go through the appeal process if they still want to proceed with it. Not sure whether they still need to pay the contractors in this kind of ruling.

    “In respect of the four AES summons cases that have been discharged not amounting to an acquittal, the AGC will re-study them and will be re-registered if they warrant any prosecution,”

    Like or Dislike: Thumb up 0 Thumb down 0
    • pak lah goreng on Dec 20, 2012 at 11:06 am

      malaysia bolleh maaa. can re-register again maaa. can prosecute again whatttt….

      let’s see them saying they’ll try and prosecute (again) the people that have been previously acquitted for bribery (and abuse of power).

      i support you AG. chase down the bribers, cronies and power abusers. go go go.
      go lah. what you mean? what you mean cannot prosecute again? just here you say can. what you mean special? special who? here can, so everyone can lah.

      Like or Dislike: Thumb up 0 Thumb down 0
  • There is a report showing that some of Britain’s speed camera aren’t even turned on. Is it really worth RM 700 million or more for this system. common sense will tell you that it will reduce road safety.

    But anyone driving a decently modern car will know that a slip on the accelerator pedal means passing the 110kph mark. This mean we will have to do double duty on making sure we are at 110 kph and below while driving the car, increasing the task, and therefore mistakes. Of course, there is the cruise control, but how many of us used that considering in highways around the Klang valley means constant overtaking.

    Than what about motorcycles, I’ve seen many easily crossing the 100kph mark swerving between traffics or worse, doing 70kph on the middle of the fast lane, damn those thing are annoying. Do motorcycle, which a majority of Malaysian used, get caught?

    Like or Dislike: Thumb up 23 Thumb down 3
    • Cosmo Artemis on Dec 19, 2012 at 1:06 pm

      Dear AVH,

      The speed camera is not turn on because it is just a dummy – resemblence like actual unit but it is just a box, nothing inside. But in the UK, they put a signage saying ‘Speed Camera At Front’ and then they clearly mark on the road the ‘camera effective detection zone’ with bright yellow colour.

      I guess that is how to educate the drivers, not just issuing summon. With AES, I do not know where the camera is eventhough they put a signage ‘speed trap area’. Looks like the AES is more to ‘menghukum’, not ‘teach’.

      Like or Dislike: Thumb up 0 Thumb down 0
      • and by contract the whole thing out at 700mil… it surely is a profit making business rather than accident preventing measures… what use if a driver speeds, die and kena saman? the answer, some millionaire getting closer to billionaire status…

        Like or Dislike: Thumb up 0 Thumb down 0
  • gOOsh on Dec 19, 2012 at 12:00 pm

    so, do i have to pay my summon??

    Like or Dislike: Thumb up 0 Thumb down 0
    • car driver on Dec 20, 2012 at 11:08 am

      if you want to pay now, they’ll still accept.

      after GE, it’ll turn compulsory to pay. hahaha. no pay they’ll hand you a warranty and throw your a$$ in jail.

      Like or Dislike: Thumb up 0 Thumb down 0
  • Acting just stared only, for sure the BN-G will disappointed all of us, is expected, last chance to suck our blood & money.

    Like or Dislike: Thumb up 22 Thumb down 5
  • _xXx_ on Dec 19, 2012 at 12:15 pm

    use this to explain to your kids the meaning of flip-flop

    Like or Dislike: Thumb up 15 Thumb down 1
  • Expatriate VN on Dec 19, 2012 at 12:19 pm

    Before GE 13, halt all court proceeding related to AES

    After GE 13 if still win – resume the AES, give big discount to those who pay before deadline! After deadline, send legal letter to reminder to pay up the summons, if still no response, appoint debt collection agency to deal with “errant debtors”!

    Like or Dislike: Thumb up 27 Thumb down 2
  • Expatriate VN on Dec 19, 2012 at 12:25 pm

    This AGC talk cock only – behind the press conference, likely the police lobby for abolishment, as this duplicate the police own speed trap, somemore AES encroach into mata-mata cari makan territory!

    This is a cash-cow good income generating $$$$. If AES go and install at crime-prone area, today sure there is no such issue!

    Like or Dislike: Thumb up 17 Thumb down 5
    • car driver on Dec 20, 2012 at 11:16 am

      a very fat cow. overly fat, one level above obese.

      14 camera in 3 state within 3 month = 300,000 summon.
      300,000 summon at minimum RM300 each = RM90 million minimum. did i say 14 camera in 3 state in 3 month?

      cow will get fatter with 831 camera. yummy. one guy takes a cut from the cow still get large steak to eat. double yummy.

      Like or Dislike: Thumb up 0 Thumb down 0
  • The AES is good to catch those who drive beyond the speed limit. What the outcry over it. That means you guys drive beyond the speed limit la…….Don’t let you family wait for a body bag la. Be civil about it. We Malaysian like to go against the law. If we go overseas we can follow the law because the police there will saman u if you dont follow the law. Just last month while waiting in front of a traffic light people here keep on driving eventhough u know there is a traffic jam in front and when the traffic light turn red you are at the yellow box and causing more jam……..This AES will nap everyone who cross & stay at the yellow box. We malaysian like to potong que ….please que la….everybody wants to go home fast…… Malaysian Please grow up and follow the law …..

    Like or Dislike: Thumb up 23 Thumb down 37
    • incognito3690 on Dec 19, 2012 at 2:21 pm

      Sorry for being rude, but your one of the Malaysians who see speeding is dangerous. Not sure how long you have been driving and where you drive usually.

      I see that your statement contradicts to what you say. “Good to catch those who drive beyond the speed limit”. On the other hand, you said “everybody wants to go home fast”. WRONG! I would like to reach home safely.

      You and a number of Malaysians fail to see that there are a lot of idiotic drivers on the road that never give signal to turn, drive slowly (as in way below the speed limit) on the right lane, speed up at the wrong places like housing areas, drive in the middle of the road, turn into an exit from the right lane to the left lane (3 lane roads) at the very last moment, overtaking vehicles when they clearly couldn’t estimate the speed and distance of the oncoming vehicle. The list could go on. Hell there are drivers who don’t even give a signal or raise their hand and say thank you after you politely give way to them.

      I don’t have statistics or data comparing those accidents caused by speeding and caused by idiotic drivers. Given from my driving experience and observation, most accidents are caused by idiotic drivers compared to speeding.

      You’d be surprised that in overseas if you drive SLOW on the FAST LANE, you’ll get a ticket and possibly deduct points (depending on which country). If you OBSTRUCT traffic, you also get a ticket. Why? because that slow driver is causing a traffic pile up that will have a greater chance of road accident.

      I’ve also experienced whereby drivers were driving slowly on the highway near KLIUC (AES Camera location) which I would say probably around 70km/h or less. Those drivers slowed down tremendously, from right lane went into middle lane or some to the left lane. They were trying to become ‘law abiding citizens’ in front of the camera and after a few metres away from the camera, speeds off like there’s no tomorrow.

      Like or Dislike: Thumb up 37 Thumb down 8
      • Shaekey on Dec 19, 2012 at 3:07 pm

        His statement does not contradict… you’re taking them out of contact. He said “everybody wants to go home fast” in relation to people jumping queue.

        Like or Dislike: Thumb up 8 Thumb down 14
        • incognito3690 on Dec 19, 2012 at 9:46 pm

          Go home fast? ever heard of Smart Tag and Touch and Go? Well how many people jump queue?1? 5? 10? a gazillion? True that there are people who jump queue. Before that, do drivers drive on the correct lane? If so, in a traffic jam situation, would they stay at that lane to the very end or move to a lane that has a slightly faster traffic flow?

          In reality, how many of them jump queue purposely? Did they jump queue because they found out at the very last moment their TnG card not enough credit? TAG device not working? SmartTAG lane standing at a halt because the reader at the toll couldn’t detect the device from the car? Let’s look from a different angle, have you ever consider or give thought at how the toll booths were designed? as in which booth serves “Tunai”, “Tunai & TnG”, TnG and SmartTAG? Also did you consider the number of toll booths would actually effect the traffic especially during public holidays or festive seasons?

          I was in a situation where I had no choice but to jump queue after finding out at that one of the toll booths at AKLEH (furthest left heading towards KL. Those who frequent that highway in the morning knows the queue is long and also a blind spot before the toll since theres a slight curve and angle) which usually open in the morning was closed for that particular day. Luckily an uncle gave me way (and thank him in return) to go into the lane.

          Like or Dislike: Thumb up 4 Thumb down 5
          • Shaekey on Dec 20, 2012 at 10:21 am

            You obviously not a Malaysian or you don’t drive in KL/KV traffic commuting to work daily. You have a very narrow minded interpretation of “jump queue”.

            People jump queue all the time, and I’m not talking about at the toll booth. They drive on emergency lane (on the left) only to merge back when the emergency lane in over or merging to an exit. They drive on right most lane only to merge for an exit on the left, obstructing traffic going straight (this happened a lot).

            I’ve seen people jump queue for the sake of jumping queue… it’s not because they want get to their destination fast. Cause I’ve seen people jump queue and minutes later I saw them driving slowly. Unfortunately, many people has adopt this queue jumping phenomena as something of norm, with blatant disregard of other people’s time that they robbed when they jump queue. This is the point made by the original poster referring to “everybody wants to go home fast”… which refer to the relative time.

            Don’t take other people’s argument out of contact and try to argue in a narrow scope of your thinking. I merely just pointing out your err.

            Like or Dislike: Thumb up 3 Thumb down 5
      • Speedmeister on Dec 19, 2012 at 3:36 pm

        Ya, there are many idiots who think speeding means accident or even worse. Their small minds have been conditioned by politicians to think that way.

        Like or Dislike: Thumb up 13 Thumb down 6
        • o gao on Dec 19, 2012 at 6:42 pm

          how fast is speeding? 200kmh still too slow for me

          Like or Dislike: Thumb up 2 Thumb down 6
        • Longkai on Dec 19, 2012 at 9:33 pm

          Then how come many more countries adopt speedtrap cameras to catch law ignorant speeders? They also idiot n only u smart? CHEITT POODAH!!.

          Like or Dislike: Thumb up 5 Thumb down 4
      • Khairul on Jan 14, 2013 at 2:49 pm

        I totaly agree with you !

        Like or Dislike: Thumb up 0 Thumb down 0
    • car driver on Dec 20, 2012 at 11:24 am

      did you read how the 4 people got acquitted in the court hearing? did you? you didn’t now did you?

      one guy cross the traffic light past midnight because the entire junction is empty. nobody else is at the junction. everyone is at home sleeping. no car, no cow, no AG for miles; what to do? cross la wait for what?
      SNAP. got you on camera. AES never sleep.

      fight in court. acquitted.

      another guy cross red light on the way to a clinic (hospital can’t remember) because her child got high fever. cross the red light and straight into emergency. high fever can kill an adult. let alone a child.
      you do know that don’t you? wait, are u old enough to have one?

      fight in court, acquitted.

      300,000 people that were summoned must be blind. or super rich not to be bothered by the AES when there’s enough signboards to alert drivers about the impending camera.

      like the 2 guys above.
      and by ‘guy’ i mean women.

      Like or Dislike: Thumb up 0 Thumb down 0
    • mauis on Dec 21, 2012 at 9:57 pm

      I 1000% agree with u man…why do we need to make noise of this issue…take the positive side la, now I see whenever motorists see the warning sign, all will slow down, isn’t that good? in S’pore it’s only 90kmh why we can follow?

      Like or Dislike: Thumb up 0 Thumb down 0
  • tah-hape-hape on Dec 19, 2012 at 12:58 pm

    suppose the government agency need to clarify and determine their scope of work, need to restructure their enforcement task between PDRM and JPJ as most likely their task are same@duplicate.

    for example PDRM is enforce speed trap why need JPJ to do the same enforcement, in future maybe SPAD will also do the same thing.

    Like or Dislike: Thumb up 11 Thumb down 1
    • Expatriate VN on Dec 19, 2012 at 2:15 pm

      In other countries, only traffic police in charge.

      In Malaysia on top of police we also have JPJ, PUSPAKOM, Ah Beng shop make and selling number plates, and

      Now we have cronies back AES! WTF ……

      Later SPAD come in, or specific road accident insurance on top of existing, etc, etc, more will come out if what they think is can earn monies!

      Like or Dislike: Thumb up 23 Thumb down 1
    • mauis on Dec 21, 2012 at 10:04 pm

      I agree with u…at around my office area where car parks are not enaough & people have to park by the roadside, dont b suprised if one get 2 fines..1 from the DBKL & another from Police…supposedly when the 2nd enforcer come & see a car has already been fined then no need to give another one la…but these people dont use brain one…

      Like or Dislike: Thumb up 0 Thumb down 0
  • Gavin on Dec 19, 2012 at 1:16 pm

    Read between the lines guys, the AG saying the summoneses were still valid and possible to again charge the four simply means in plain terms ‘AES is here to stay’`

    Like or Dislike: Thumb up 0 Thumb down 0
  • Peter on Dec 19, 2012 at 1:59 pm

    How come this could happen in the 1st place!? After so many months of ‘thorough study’ & ‘world-class’ procedures by our ISO certified authority, they didn’t come across this concern? They didn’t know pdrm also got cameras & nvr planning for replacing each other? WHAT A JOKE! Is this the quality of government that Najib is touting for? Moreover ‘Janji ditepati’ … Jokers! (Dr M even asked us what else reforms that we want!)

    Like or Dislike: Thumb up 16 Thumb down 2
  • Peter on Dec 19, 2012 at 2:00 pm

    How come this could happen in the 1st place!? After so many months of ‘through study’ & ‘world-class’ procedures by our ISO certified authority, they didn’t come even across this concern? They didn’t know pdrm also got cameras & nvr plan for replacing each other? WHAT A JOKE! Is this the quality of government that Najib is touting for? Moreover ‘Janji ditepati’ … Jokers! (Dr M even asked us what else reforms that we want!)

    Like or Dislike: Thumb up 7 Thumb down 3
  • The rich with fast car will still drive fast, they can afford to pay. The not rich with fast car, will still drive fast and slow down all of a sudden in areas with AES posing huge risk to safe driver. Helping to reduce risk? Maybe but still as dangerous. :D

    Like or Dislike: Thumb up 11 Thumb down 2
  • i agree with AVH, the speed meter just went a little bit above 110 or more after overtaking or “turun bukit” due to momentum but most of the time driving either 110 or less. Unfortunately, the other 340 km or more of good driving to Penang or to KL weekly ruined just because of a snap of a photo on a particular area. It should be a like a live monitor that can measure the speed of a car at many points than just a camera with one still photo. If a car is found to be at high speed at many places meanings the driver is speeding.

    Like or Dislike: Thumb up 0 Thumb down 0
  • omanjedi on Dec 19, 2012 at 5:03 pm

    We are not against AES…but we are against the privatisation of AES…any legality in term of Government summonses should be controlled from A-Z by the Gov.
    And please fix the whole network system as per recommended by Work Ministry first b4 commencing with the system. The improvement implementation by the Work Ministry has yield good result – 95% reduction of accident recorded on a few stretches of areas.

    Like or Dislike: Thumb up 0 Thumb down 0
    • o gao on Dec 19, 2012 at 7:09 pm

      lol what is the difference? most of it still masuk crony pocket what

      Like or Dislike: Thumb up 2 Thumb down 6
      • omanjedi on Dec 21, 2012 at 6:12 pm

        It seems you don’t understand what i’m writing. Complete under Gov control meaning the purchasing and operating 100% under Gov, just like police’s camera. No crony company involved OK

        Like or Dislike: Thumb up 0 Thumb down 0
  • Can AES snap those driving too slow? Should they also set a min speed limit for highway. Some drive 70km only…ah dui….this will cause aggression on drivers…..

    Like or Dislike: Thumb up 0 Thumb down 0
  • The “legal concern” is obviously referring to those THUGS speeding with escort and kena saman. Very tough situation for them isn’t it?

    Like or Dislike: Thumb up 0 Thumb down 0
  • Ha Gnih on Dec 20, 2012 at 12:07 am

    This happens when ‘someone’ SUDDENLY gets a brilliant idea without looking into matters at hand further and just go ahead with their (stupendously nincompoop-ish) gut feeling. From the very 1st time rumors of the AES started spreading, I could actually foresee not long after, things will doom to fail. But well oh well, at least ‘someone’ or ‘some people’ managed to bag some moolah first. Idiots to the core

    Like or Dislike: Thumb up 0 Thumb down 0
  • V for Vendetta on Dec 20, 2012 at 12:24 am

    V: People should not be afraid of their governments. Governments should be afraid of their people.

    Like or Dislike: Thumb up 0 Thumb down 0
  • No need AES maaa. No need speed limit also.
    Drive slow, drive fast, all the same. We died eventually. It’s a matter of time, place and situation. Hahaha.
    Anyhow, all politicians, kindly debate the AES implementation in parliament. We want to see the statistic at 14 locations achievement to curb fatal accidents.

    Like or Dislike: Thumb up 0 Thumb down 0
  • dass G on Dec 20, 2012 at 1:33 pm

    All of us should boycott AES and if we receive saman, we just don’t pay up.
    What could they (G) do?
    Wana run in everybody’s house with gari?

    Like or Dislike: Thumb up 1 Thumb down 2
  • AES actually for gov make money in terms of summons, perhab i suggest all malaysian stop using high way reduce pay toll if used old road…no point use highway at 70kmph and if drive more than that get aes summons….not logic..we still pay toll and also wanna barred ths cost??? if fix aes at 110kmph then logic but here all fix at 70kmph…it shows gov make money frm people….then what for need pay toll and get into express way????

    Like or Dislike: Thumb up 0 Thumb down 0
 

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