Gov’t looking to implement new law to penalise toll evaders when multi-lane free flow begins in 2025

The government is looking to implement a new law that will penalise toll evaders when the multi-lane free flow (MLFF) system is introduced in 2025 for electronic toll collection on highways and expressways. The proposed move to introduce a new penal code against toll dodgers is due to concerns by highway concessionaires over the probability of increased unpaid toll when the system is introduced.

The operators have insisted to the government that the legal framework be enhanced and an effective mechanism of recovering unpaid tolls affirmed before the MLFF, which is a barrier-free tolling system utilising a gantry structure without designated booths or lanes, is rolled out. Under the system, toll payment will be collected via RFID, working together with an automated number plate recognition (ANPR) system.

To address this potential issue, works minister Fadillah Yusof told Free Malaysia Today that his ministry is proposing a new criminal law against those who attempt to evade paying toll. “We are looking into the provision of the law that includes a penal code, and whether toll evasion can be considered a criminal offence since there is no lane barrier under MLFF,” he told the publication.

He said a new penal code and proposed amendments to relevant laws, including the Road Transport Act 1987, would be finalised soon. “To have an effective vehicle tracking and driver’s record system, you have to connect with the road transport department (JPJ) database. The relevant law needs to be looked at. There may be a need for a (new) special law, or maybe, the current law needs to be amended,” he explained.

Fadillah added that the biggest hurdle in the implementation of the MLFF system was to address the legal aspects. “This is the biggest challenge. We need to resolve this, including getting the highway concessionaires and other stakeholders to agree in terms of the (new) law,” he said, adding that the task of getting the new law implemented would involve not just the works ministry but several other related ministries and agencies.

He said the accuracy of vehicle owner registration stored in the RFID stickers and system integration with JPJ would play a vital role, as would the quality of the ANPR system. Other than capturing the vehicle registration, he said the cameras at the MLFF lanes would need to zoom in on the face of drivers at the gantry.

“What if the users don’t pay when passing through the MLFF lanes? So, there must be good censors at the gantry locations and the camera image quality has to be very fine to capture the details of the vehicle and also the driver,” he explained.

At present, toll dodgers are charged under Section 8 of the Federal Roads (Private Management) Act 1984, which provides a fine of between RM2,000 and RM5,000 upon conviction. However, concessionaires have had to resort to taking repeat offenders to court to recover unpaid toll.

Last year, the federal court upheld a decision by the high court and court of appeal to allow PLUS Malaysia to recover RM518,369 in unpaid toll fares and an additional cost of RM100,000 from a logistic company for toll evasion committed by its drivers involving 19 vehicles over several years.

Toll avoidance by cars is also a fairly common occurence. In 2017, a car failed to pass through a SmartTag lane during the evening peak hour traffic at the Sungai Besi toll plaza, and the driver was brought to the operation office for verification. It was discovered that the driver had accumulated close to RM900 in unpaid tolls over several years by slipping through a SmartTag lane barrier by tailgating a vehicle.

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