KUCHING: The local authorities cannot mark people as parking ticket defaulters and deprive them of their vehicles’ road tax without first giving them their day in court.

Special assistant to Chong Chieng Jen (Bandar Kuching MP), Wong King Wei, yesterday objected to a recent suggestion to disallow vehicle owners from renewing their road tax without settling their outstanding parking fees first.

He told a press conference that the implementation of such a rule was “unjust” and violates Article 13 of the Federal constitution, which protects people’s right to property. This was well decided in a case in the High Court here in 2007.

Wong said the High Court had ruled that blacklisting a road user for an unsettled traffic summons was tantamount to compelling him to admit to the alleged offence and it was against the principle that a person was presumed innocent until proven guilty.

He said the High Court further decided that to deny a person of a motor vehicle licence was to deny the person the use and enjoyment of his motor vehicle, which contravenes Article 13 of the Federal Constitution.

In that case, he said, the applicant was alleged to have committed a traffic offence which was criminal in nature, but an unsettled parking debt is not even a criminal offence.

“The city council should not force anyone to admit to having unsettled debt unless they chose to do so freely. To recover the debt, the city council should take civil court action before a person can be adjudged a debtor,” Wong said.

He added that it could never be guaranteed that each and every parking compound issued by the city council was a true debt and the people should be given the chance to challenge them in court.

He emphasised that the human rights of the people must be preserved.

“The ministries and city councils should not take the easy way out in collecting parking debts but should implement the policies according to the rule of law. The city council should not act as a debt collector for a private company.

“Further, the implementation of such a rule will tantamount to disrespecting the judicial decision,” he said, urging the government not to implement the proposed rule.

Wong had also sent a letter to Deputy Housing and Local government Minister Datuk Seri Panglima Lajim Ukin, Environment and Public Health Minister Dato Sri Wong Soon Koh and Miri Mayor Lawrence Lai to express his objection to the proposal.

Lajim said during a dialogue with local authorities here on Monday that the rule was already in place in Sabah.

“In Sabah, those who do not settle their parking tickets will not be able to renew their road tax.

“Now, it is up to Sarawak whether to have this same thing or not,” he said.

Lai had earlier revealed that Miri City Council had RM2 million in outstanding parking and compound fees last year.

He then suggested that errant road users pay up before getting their road tax renewed.