Freeze on AES court cases! AES saman still valid?!
I have heard from a lot of people or friends around me telling me that those samans by AES in Selangor can be ignored and do not need to care or do not even need to pay them? Any one can confirm? AES not approved by the Selangor Government but JPJ still installed it?
Then it’s confirmed in the news that “it maintained that the AES summonses issued by the Road Transport Department were valid.”
Hmm… Anyone can confirm that? I think a lot people would really like to know should they pay the saman or not if kena AES!?
Selangor: Pemasangan AES tidak sah
SHAH ALAM – Pemasangan kamera Sistem Penguatkuasaan Automatik (AES) di Selangor didakwa dibuat tanpa kebenaran pihak berkuasa tempatan (PBT).
Exco Kerajaan Tempatan, Kajian dan Penyelidikan Selangor, Ronnie Liu berkata, maklumat itu diperolehi daripada Yang Dipertua PBT di seluruh negeri yang mendedahkan bahawa pemasangan kamera AES itu dibuat tanpa keizinan pihak mereka.
“Ini (pasang kamera AES tanpa kebenaran merancang) adalah salah di sisi undangundang. Bagi saya, kalau tiada kebenaran merancang, ia dianggap illegal (tidak sah). Sesiapa pun yang kena (saman), mereka tidak payah bayar sebab (pemasangan kamera AES dibuat) tanpa kelulusan,” katanya.
Kelmarin, Setiausaha Agung DAP, Lim Guan Eng berkata, Pakatan Rakyat (PR) akan menangguhkan pelaksanaan AES bagi empat negeri bawah pentadbirannya iaitu Selangor, Pulau Pinang, Kedah dan Kelantan.
Menurut Guan Eng, penangguhan itu dibuat sehingga kajian mendalam dijalankan dan maklum balas daripada rakyat diperoleh.
Mengulas mengenai penangguhan itu, Ronnie berkata, Menteri Besar Selangor, Tan Sri Abdul Khalid Ibrahim akan mengumumkan perkara tersebut selepas berbincang dengan wakil Kementerian Pengangkutan esok.
“Tentang penangguhan AES, itu kena tunggu sampai Khamis ini. MB akan buat pengumuman selepas mesyuarat Majlis Tindakan Ekonomi Selangor (MTES), Khamis ini.
“Sekarang, beliau sedang menunggu penjelasan lanjut daripada Kementerian Pengangkutan (mengenai perkara ini). Sepatutnya perbincangan diadakan minggu lalu namun disebabkan masalah tertentu, ia ditangguhkan,” katanya.
Menurutnya, dalam pertemuan itu, Kerajaan Negeri akan membangkitkan isu kebenaran merancang, had laju dan lokasi pemasangan kamera AES munasabah selain mempersoalkan harga kamera berkenaan yang dikatakan terlalu tinggi.
“Saya kurang pasti berapa kamera AES hendak dipasang di Selangor. Namun perbincangan ini hanya melibatkan jalan bawah kerajaan tempatan (PBT) saja,” katanya.
Source : Sinar Harian
Selangor to block AES
SHAH ALAM: Selangor will block the implementation of the Automated Enforcement System (AES) after finding that the Transport Minister did not get the approval from the local authorities to put up the cameras.
Mentri Besar Tan Sri Khalid Ibrahim said, following a briefing by the Road Transport Department (JPJ) on Thursday at the Selangor Economic Action Council meeting, that the state government would appoint an independent valuator to review if the ministry had “holistically considered” all necessary procedures before implementing and installing the AES.
“From the briefing, the state government found that the Transport Ministry failed to get the approval for the construction of structures for the AES from the local authorities.
“Therefore, the state government will direct all local councils to inform the ministry that the installation of AES contravened the law and cannot be implemented,” he said in a statement yesterday.
Khalid said the agreement between the Federal Government and the concessionaire should be reviewed before AES was enforced, as the 17% profit margin for the concessionaire was unreasonable.
“We also propose that the collection be kept in a trust, rather than a consolidated account, so it can fund road safety awareness programmes.
“By doing this, the people who pay summonses would be contributing to the nation and not help enrich businessmen,” he said.
Through the trust account, the concessionaire would only be allowed to collect reasonable profit to recover the cost of installing AES cameras.
Source : TheStar
Freeze on AES court cases
PUTRAJAYA: The Attorney-General’s Chambers (AGC) has freezed all court proceedings related to summonses issued under the Automated Enforce-ment System (AES).
This is to allow time for the Chambers to study legal concerns that were raised in these cases, it said in a statement yesterday.
Nevertheless, it maintained that the AES summonses issued by the Road Transport Department were valid.
“However, in view of the concerns expressed by certain quarters on the law and other technicalities, the AGC has decided to look into this matter and directed that all proceedings be withheld until the concerns have been addressed.
“A decision will be made within the next few days on the above mentioned issues,” the statement added.
In respect of the four AES summons cases that have been discharged not amounting to an acquittal, the AGC said they would be re-studied and re-registered if they warranted any prosecution.
In KUALA LUMPUR, two AES cases at the Traffic Court were adjourned at the request of a deputy public prosecutor.
DPP K. Vasugi asked for a month’s postponement when the summons cases against Henny Suraini Yaakob and taxi driver Mohd Ridzuan Yusof came up for mention yesterday.
Lawyer Zulhazmi Shariff said Vasugi had told magistrate Noora-syikin Sahat the prosecution wanted to apply for a postponement of their cases on grounds that the documents were not ready.
“She (the DPP) said the officer who prepared the documents was not around.
“Today, I am supposed to get documents from the JPJ (Road Transport Department) to prepare for their trial,” said Zulhazmi, whose clients had on Dec 4 claimed trial to beating the red light at the Jalan Klang Lama-Jalan Sepadu junction.
The magistrate set Jan 18 for mention.
He said his colleague, lawyer Azmi Zakaria, had gone to Putrajaya court for a similar AES case for a client who allegedly beat the red light in Lebuh Sentosa road.
“The prosecutor asked for a postponement but Azmi objected, saying the case was not read in court.
“Azmi applied for our client to be released. The court granted a discharge not amounting to an acquittal,” Zulhazmi added.
Sources said that those summoned in AES cases to the Jalan Duta traffic court were asked to go home without their cases being heard.
“They came to the registration counter and were told to go home,” a source said.
Source : TheStar