Driving on emergency lane: Ex-RTD deputy DG acted beyond his powers

PUTRAJAYA: The Magistrate Court here was told today that former Road Transport Department (RTD) deputy director-general (Planning and Operations), Datuk Yusoff Ayob has acted beyond his powers when he used the emergency lane during an enforcement operation.
Deputy public prosecutor Muhammad Izzat Fauzan submitted that there was no provisions under the Road Transport Act 1987 that allowed Yusoff, as the deputy director-general for planning and operations, to drive on the emergency lane while discharging his duties.
"Driving on the emergency lane is an offence. Yusoff can monitor the enforcement situation by using the normal lane, not the emergency lane."
He said at the trial of Yusoff, who pleaded not guilty to the charge of driving a car with the registration number "BLY 68" on the emergency lane at Lingkaran Putrajaya at 6.27pm on Oct 7 last year.
The act is contrary to Rule 53(1) of Road Traffic Rules 1959.
Yusoff, who was transferred to the Public Service Department (PSD) on July 21, was charged under Section 119(1)(C) of the Road Transport Act 1987 and punishable under Section 119(2) of the Act, which carries a fine not more than RM2,000 or imprisonment of up to six months, if found guilty.
Muhammad Izzat said under Rule 53(1) of Road Traffic Rules 1959, no one, except those driving permitted vehicles such as ambulance, police, customs or prison cars, were allowed to use the emergency lanes.
He said according to the first prosecution witness who took the picture of the car driven by Yusoff, it was clear that Yusoff had used the emergency lane on the day of the incident.
"The first witness was the eye witness who saw the incident and his testimony was not challenged by the defence," he said.
Meanwhile, counsel Datuk Baljit Singh representing Yusoff submitted that there was a gap in the prosecution's case, and he pressed for his client to be acquitted and discharged from the charge without his defence being called.
He said the fifth prosecution witness, who is the investigating officer in the case, had also recommended that no action to be taken against Yusoff after being told (during the recording of Yusoff's statement) that Yusoff was monitoring the massive traffic congestion along Lingkaran Putrajaya here as motorists were making a U-turn due to a collapsed bridge in the area.
The witness also said that one of his superiors had agreed to not take action against the accused but two other high ranking officers of the department begged to differ.
"The recommendation by the fifth witness was, however, denied and set aside. The accused should receive an award for going to the ground to check on the real situation," he said.
Magistrate Muhammad Zaki Abd Kudos set Oct 5 to decide whether to acquit Yusoff or to call him to enter defence.
Baljit told the court that the defence would be calling two witnesses if Yusoff were to be called to enter his defence. — Bernama