Income Based Traffic Fines Unfair Will Create Social Bias Says Expert

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Tailgating, where a car follows too closely a car in front, is reportedly prevalent during festive season traffic.
PETALING JAYA: A transport expert has warned against linking traffic fines to an offender’s income level, saying the move would foster social inequalities.
Wan Agyl Wan Hassan agreed that tailgating was a dangerous practice among motorists which must be curbed, but said a proposal that fines be tied to the earning capacity of offenders would create a double standard and the perception of unequal treatment.
Wan Agyl Wan Hassan.Those required to pay higher fines would feel unfairly targeted, he said, while others may appear above the law, creating resentment. The move may in the long run also encourage corrupt practices, he added.
“Biased enforcement is damaging. It undermines justice, erodes public trust and weakens law compliance. In fact, it seems like we are contradicting ourselves as the constitution states that all persons are equal before the law,” he told FMT.
Wan Agyl, founder of transport think tank My Mobility Vision, said the country has sufficient laws under the Road Transport Act 1987, including the Kejara demerit system to penalise such errant behaviour.
“Income-based fines may sound fair in theory but it won’t solve the real issue. Our problem is not about the quantum of fine but weaknesses in enforcing the law.”
Wan Agyl was responding to an idea floated by Wong Shaw Voon, chairman of the Malaysian Institute of Road Safety Research.
Wong had proposed that Malaysia emulate Finland which imposes fines that are directly proportional to an offender’s income level and the seriousness of the offence. The Scandinavian country is also strict on licence suspensions and mandatory road safety courses for repeat offenders.
In contrast, Malaysia’s traffic penalties are set by law.
Under the Road Transport Act 1987, tailgating may constitute “reckless and dangerous driving”, punishable with a jail term of up to five years and a fine of between RM5,000 and RM15,000 for a first offence.
Wan Agyl said income-based fines worked in Finland because the European country has a transparent income system and high trust in their institutions.
“That’s not the case here,” he said, adding that it would make more sense for Malaysia to beef up its enforcement of existing laws and the Kejara system.
The authorities, he said, could offer offenders various options — contest a charge in court; or pay a compound and either accept demerit points or attend a road safety retraining session in lieu of the points.
Wan Agyl said income-based fines are inappropriate as tailgating was not a crime of necessity. He said tailgaters were simply reckless and irresponsible drivers and were not driven to commit the offence due to their socio-economic status.
He also said there was a need to rebuild trust in road enforcement by ensuring fairness and accountability, rather than create a two-tier system.
“Fair laws unite society. The aim should be consistent application of rules that apply to everyone, not punish some more because they earn more.” - FMT

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