The police have complied with traffic laws when issuing the notifications of traffic offences and summonses to errant motorists, said Attorney-General Abdul Gani Patail today.

He said Ops Warta II scheduled to begin May 16 would go on as planned to enable police to serve the notifications and summonses by registered post allowed and provided for in the Road Transport Act 1987.

The AG, in a five-page press statement, also gave his assurance that the police would not arrest anyone without any warrant of arrest issued by the court.

He said he was satisfied after discussions with the Federal Traffic Police Department that the police had acted in accordance with the law and believed that the misunderstanding arose out of the confusion between notifications and summonses.

He explained that when a traffic offence is committed and a traffic summon (Pol 257) could not be served on the errant motorist, a notification (Pol 170A) would be sent by registered post to inform the registered vehicle owner of the offence.

Car owners could pay the compound fine if they admitted to the offence or provide the police with information on who committed the alleged offence. Failure to do so is an offence punishable under Section 119(1)(b) of the Act.

If the police receive neither the compound nor information after the deadline, the case is taken to court but a warrant of arrest is issued only if the motorist fails to appear in court.

"An arrest warrant can also be issued when Pol 257 had been personally served on the errant motorist who refused to both pay the compound and attend the court proceeding on the date stated in the summons," the AG said.

He said the Act provides that the notice is deemed to have been served (on the motorist) once the registered post is sent to the proper address, even if the individual did not receive it or if the individual chooses to ignore the reminder that he has a registered letter waiting for him at the post office.

"However this contention can be challenged in court. But if it can be proven that the individual had blatantly refused acceptance or ignored the registered letter, the person may be charged under section 119(1)(a) of the Act," he said.

He said the provisions under Section 35 and 36 of the Criminal Procedure Code whereby summonses have to be served personally and not by post, are only applicable for summonses issued by the court and do not apply to notifications of traffic offences.

Procedural defects

In a related development, DAP national deputy chairperson Karpal Singh said there could be serious procedural defects which could nullify the on-going "blitz" against motorists and open the police to suits for damages, apart from refunds of fines paid with interest.

"The AG's chambers should not rely on the police to know traffic laws. The police should attend courses conducted by experienced personnel in the AG's chambers conversant with traffic laws and rules before embarking on exercises in the form of a tax collecting agency on behalf of the government," he said.

"The police have gone above board and I will spare no effort to ensure the police act within the confines and parameters of the law," he said in a press statement.

Yesterday, Karpal filed a suit against traffic police chief SAC II Ahmad Bahrin Idrus and the federal government claiming that the police had acted arbitrarily when issuing him two notifications for the same traffic offence.

Police had earlier announced that errant motorists had until May 1 to settle their compounds from the past six years or face a heavier penalty with an additional fine for ignoring the notice of offence sent to them.

Just days before the deadline, thousands thronged police stations and collection centres nationwide to settle their dues and had complained that they had not been given sufficient time.

On May 3, de facto Law Minister Rais Yatim said the police were not following the law as the summonses must be served personally or by registered post.

He also said that it was not for the motorists to check whether they have outstanding summonses and that if the motorists did not receive the summonses by post, the police must find other ways to serve them.

In response to this, Deputy Prime Minister and Home Affairs Minister Abdullah Ahmad Badawi said Rais should explain to the police the legal aspects of the service of summonses on traffic offenders as it was important to ensure that Ops Warta II would be implemented in accordance with the laws of the country.