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A legal review on the enforcement of postal summons in Malaysia / Munirah Muhamad ... [et al.]

Munirah Muhamad, Nurul Mardiah Salamat, Nur Shahilah Mohd Sharif, Nor Asyikin Mohd Naser

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Abstract

There are two types of traffic summons which were issued by the Police (PDRM) and the Road Transport Department (JPJ), namely on-the-spot summons (POL257) and postal summons (POL 170A). The issuance of postal summons is higher than on-the-spot summons as there is a large number of postal summons in Malaysia. The issuance of postal summons has been questioned recently as it was contended that postal summons is not a traffic summons, but merely a notice to get the information from the vehicles' owners. The contention that the blacklisting action adopted in postal summons system has been discussed and it was further explained by the judge in a case in Sarawak High Court. The enforcement of postal summons is believed to have deterrence effect and may be an effective way to punish traffic offenders, hence educate them indirectly.

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What this paper is about

There are two types of traffic summons which were issued by the Police (PDRM) and the Road Transport Department (JPJ), namely on-the-spot summons (POL257) and postal summons (POL 170A). The issuance of postal summons is higher than on-the-spot summons as there is a large number of postal summons in Malaysia. The issuance of postal summons has been questioned recently as it was contended that postal summons is not a traffic summons, but merely a notice to get the information from the vehicles' owners. The contention that the blacklisting action adopted in postal summons system has been discussed and it was further explained by the judge in a case in Sarawak High Court. The enforcement of postal summons is believed to have deterrence effect and may be an effective way to punish traffic offenders, hence educate them indirectly.

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Available abstract

There are two types of traffic summons which were issued by the Police (PDRM) and the Road Transport Department (JPJ), namely on-the-spot summons (POL257) and postal summons (POL 170A). The issuance of postal summons is higher than on-the-spot summons as there is a large number of postal summons in Malaysia. The issuance of postal summons has been questioned recently as it was contended that postal summons is not a traffic summons, but merely a notice to get the information from the vehicles' owners. The contention that the blacklisting action adopted in postal summons system has been discussed and it was further explained by the judge in a case in Sarawak High Court. The enforcement of postal summons is believed to have deterrence effect and may be an effective way to punish traffic offenders, hence educate them indirectly.

Key concepts: Summons, Enforcement, Law, Notice, Political science

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A legal review on the enforcement of postal summons in Malaysia / Munirah Muhamad ... [et al.] — Research Paper | ScholarLens