How will enforcement ensure fairness in applying Section 42A?

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Enforcement will ensure fairness in applying Section 42A by using evidence-based case-by-case assessment and issuing guidelines for consistent application.

Transport Minister Anthony Loke said enforcement will not treat Section 42A as a blanket penalty for isolated speeding or ordinary overtaking. He stated that each case will be assessed based on facts and evidence, including recordings, witnesses, driving patterns, and surrounding circumstances, so outcomes reflect what actually happened. He also confirmed that enforcement guidelines will be issued to ensure fair and consistent application of the provision.
Guidelines will be issued to keep enforcement consistent across cases
Loke told the Dewan Rakyat that enforcement guidelines will be produced to support fair and consistent application of Section 42A. This framework is intended to standardise how enforcement is carried out rather than leaving it entirely to individual discretion.
Each case will be decided on facts, evidence, and observed driving behaviour
He emphasised that enforcement will depend on the specific facts of a situation, including evidence such as recordings and witness accounts. Driving patterns and surrounding circumstances will also be taken into account, meaning the assessment is tied to observable conduct in that case.
Enforcement will focus on behaviour and risk level, not the vehicle type or value
Loke said enforcement would be guided by the behaviour involved and the level of risk, rather than the type or value of the vehicle. He also confirmed Section 42A applies broadly to all motor vehicles, including cars and high-performance luxury vehicles, not only motorcycles, reinforcing that fairness is anchored in conduct and danger rather than vehicle category.
Charging will be structured to avoid legal loopholes
He added that the government will work with the Attorney General’s Chambers to ensure clear and robust charging provisions. The aim is to avoid legal loopholes, which supports consistent and fair application when enforcement proceeds to charges.

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How will enforcement ensure fairness in applying Section 42A?

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