They said motorists must be produced in court for the legal process to take its course.
Lawyer Gurbachan Singh said police or the Road Transport Department cannot force motorists to settle their summonses.
“They will have to appear before a judge and prosecutors will have to prove their case while motorists will be given a right to be heard,” he said.
Gurbachan said the court would usually fine motorists or acquit them if they manage to raise doubt in the prosecution’s case.
“It will be double punishment on motorists if they are denied the opportunity to renew their licence even after paying up the fine,” he said.
He said this in response to Transport Minister Liow Tiong Lai’s statement that the Cabinet had fixed RM150 as payment for a summons issued under the AES and that those who refused to pay would not be allowed to renew their driving licence.
He said some 1.6 million summonses had been issued to owners of speeding vehicles under the AES since it was first introduced in 2012.
Currently there are 40 AES cameras in the Klang Valley and Perak.
Lawyer S N Nair said there was no law that clearly provided for blacklisting and denial of driving licence to motorists.
“The minister can say whatever he likes but he does not have the force of the law,” he said, adding that Liow’s decision could be challenged in court.
Nair said a notice issued by enforcement agencies was only an offer to settle the summonses by way of a compound.
“Failure to adhere to the summons could mean the motorist wants to claim trial in court,” he said, adding that the authorities would have to adhere to the legal procedures to bring the motorist to court.
Lawyer Edmund Ponniah said Section 17 (1) (d) of the Road Transport Act 1987 stated that a director may only refuse to issue a motor vehicle licence if he was satisfied that the applicant had an outstanding matter or case with the Road Transport Department, police or with the Commercial Vehicles Licensing Board.
“In layman’s understanding motor vehicle licence means road tax. I don’t see any provision of refusing a driving licence,” he said.
Edmund asked if the ministers’ statement meant that the right to claim trial had been abolished.