Enforcement means nothing if all bark and no bite


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“This scenario is weird. We allow banned or regulated accessories to be sold, but stop people from using them. How logical is that?”

V Shuman, The Ant Daily

It goes without saying that most of our local enforcement agencies have more bark than bite.

They appear all teeth and ready to pounce when issuing statements to the media, but when it comes time to actually enforce their own rules, they slack off.

It is one such example that Malay daily Berita Harian had highlighted about recently.

The daily wrote about how car accessory shops are openly selling items which do not meet the Road Transport Department’s (JPJ) specifications, or are banned outright by the department.

A reporter with the daily conducted checks at several accessory shops in the city and found that they were selling fancy registration number plates, high intensity discharge (HID) lights and tinting films that do not meet the specified requirements.

When asked, the traders cited the same reason for the sales – that the items were in high demand, and said they have never faced crackdown from the authorities for selling such items.

JPJ director-general Ismail Ahmad took the easy way out when asked how this was possible. He said it was the responsibility of the Domestic Trade, Cooperatives and Consumerism Ministry (KPDNKK) to stem the sales of such items.

“Isn’t it easier to stop the sales of the items from the source? Something needs to be done to stop the 30,000 odd accessory dealers from providing banned or regulated items to vehicle users.

“It is easier than us having to issue summonses to millions of road users for breaking the law,” he was quoted.

To be fair, what Ismail is saying does hold water. It is also up to the KDPNKK to close the first gate to stop the deluge than to solely depend on JPJ to clean up after the flood has inundated the country.

But then again, is it not Ismail’s duty to deliver the message to the said ministry? After all, both are government bodies right? Is this how well our government bodies work with each other?

So far, the KPDNKK only regulates three items pertaining to road users – pneumatic tyre, crash helmets as well as brake pads. The ministry has the authority to act against any trader found to be selling these items which do not meet specifications, or does not have Sirim approval.

All other products, albeit against JPJ rules, are allowed to be sold, as long as they are brought into the country legally and are not counterfeit, said the report.

What is even more mindboggling is half-shell helmets being openly sold, with Sirim approvals, despite them being banned back in 2009, it added.

The daily also spoke to Federation of Malaysian Consumers Association (Fomca) deputy president Mohd Yusof Abdul Rahman, who said it is indeed unfair to squarely blame users for breaking the law, when the sales of law breaking items is allowed.

He compared it to the sales of firecrackers.

“We ban the sales of firecrackers and ban people from using it. That’s about right. When people use the contraband despite the band, we fine them.

“This scenario is weird. We allow banned or regulated accessories to be sold, but stop people from using them. How logical is that?”

Indeed. Traders are clearly flouting the loopholes in the current act to boost their business.

It is time the ministry and JPJ sat down together to iron out the flaws between themselves. Sort out what is regulated and what is not, what is banned and so on.

Rectify that first before blaming car users and issuing them summons all the time.

 



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