Beware on Malaysian roads: Give way to VIP convoys or face 2-years’ jail, or a RM10,000 fine

I always give way when policemen on motorcycles or cars blare their horns or shout from hailers to move to the side when they escort VIPs. I note that most Malaysian road users do the same.

This is almost certainly not because they have high regard for VIPs being escorted. Rather, it is simply that they do not want to get into trouble with the lawmen.

I’ve been told by many motorists that you can’t win, because the police can just book you for obstructing an officer from carrying out his duties.

Right now, if anyone were to disobey instructions of a policeman, he can be fined RM200 or face a two-month jail sentence.

However, very soon, once amendments to the Police Act 1967 are gazetted, he will have to pay a hefty fine of RM10,000 or face jail time of up to two years.

That’s quite a jump, say concerned Malaysians, for not giving way or following a policeman’s instruction over a VIP convoy.

This is among 10 amendments to the Police Act 1967, including a new clause that makes the Yang di-Pertuan Agong the honorary commissioner-in-chief of the police, that were passed by Members of Parliament in the Dewan Rakyat or lower house on 21 March.

This particular amendment gives the police legal authority to conduct escort duties, especially for VIP convoys. Which raises the question whether they have been doing escort duty unlawfully so far.

Moving aside for convoys

Clause 4 of Section 21 states that “any person who obstructs, opposes or disobeys any reasonable direction given by any police officer in the performance of his duties under this section shall be guilty of an offence and liable on conviction”.

The fact is, Malaysians have always grumbled about giving way to convoys carrying VIPs.

Most Malaysians do not mind if the Yang di-Pertuan Agong, the state Sultans and the prime minister are given escorts but they are unhappy with ministers and other supposed VIPs being accorded the same privilege on the road.

I’ve often heard complaints that because of the tinted windows they don’t really know who is inside, whether it’s the minister or some family member.

In fact, in May 2022, a video of a MP’s son driving with police escorts - apparently to beat Hari Raya traffic congestion in Penang – went viral.

Asked about this, then home minister Hamzah Zainuddin told the media on 11 May, 2022, that escort services by police outriders could be used by VIPs, dignitaries and anyone who had applied and received approval for it.

"Anyone who wants to hire the escort service must go through the IGP. It's an offence for anyone to misuse the services," he was quoted as saying.

I have often been asked: “What’s so special about the VIPs? Aren’t they citizens like us?”

Some consider it a waste of public money and the policemen’s time; and that the policemen would be better deployed in preventing or investigating crime.

There have often been discussions on online platforms and social media about the special treatment given to VIPs.

Increased fines

Until now, there was no specific law requiring motorists to give way to VIP convoys or be punished. But lawyers had said in the past that although there was no specific law, a motorist could be asked to move if the VIP was on his way to perform some official duty.

Other amendments to the Act include a higher penalty under Section 26 for not stopping at police roadblocks, with the maximum fine doubled to RM2,000.

The MPs have been slammed for passing the amendments, which concerned Malaysians say give the police even more power and which could make life more painful for ordinary Malaysians on the roads.

One of those who criticised the MPs was former law minister Zaid Ibrahim.

“What's the purpose of increasing fines from RM200 to RM10,000 for not following police instructions? What is the justification for expanding the jail sentence from two months to two years? It is ordinary men in the streets who will pay for this law.”

He added: "Already, the police will charge you for insulting them if you complain about their conduct! How many more powers do they need?”

Many are asking why there was no public discussion of the proposals before the parliamentary Bill was tabled and passed by Parliament.

Taken by surprise over the amendments passed by the lower house, a coalition of 11 civil society groups and individuals on 25 March urged senators in the Dewan Negara or upper house to reject the amendments.

They said the amendments were prepared hurriedly without consulting interest groups. They also said some of the amendments to the Act overlapped other laws, potentially opening the doors to abuse of power.

They asked why there was such a huge hike in fines and prison time for not following police orders.

“The question arises, how does a police officer determine whether a directive is reasonable? Given that existing police oversight mechanisms are ineffective, does this amendment pave the way for abuse of power and corruption?

“We fear this may give rise to ‘Little Napoleons’ running rampant,” the coalition, which included Suara Rakyat Malaysia, Angkatan Belia Islam Malaysia and Transparency International Malaysia, said.

It asked for clarity on how failure to comply with police signals at roadblocks would apply to people taking part in protests.

The coalition said the amendments and the lack of transparency in the manner in which it was tabled and passed contradicted democratic principles and the spirit of reform and transparency championed by the current government.

However, the senators disregarded the coalition’s call – and the reasons given - by approving the amendments on 1 April.

So, Malaysian road users must be extra vigilant and give way when they see police vehicles – with or without sirens screaming - accompanying VIPs in their posh cars.

Unless, of course, they want to have a huge hole in their wallets or pockets, or, worse, end up behind bars.

A.Kathirasen is a veteran Malaysian journalist/editor who has been writing columns, with breaks, in newspapers and online since 1981. All views expressed are the writer's own.

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