Traffic fines should reflect driver’s income level, says social activist

KUALA LUMPUR: Traffic fines for serious offences should be linked to offenders’ income levels to ensure penalties have an equal deterrent effect across all income groups, says social activist Lee Lam Thye.

Lee, who is chairman of the Alliance for a Safe Community, said the current flat-rate fine system does not affect offenders equally as the same penalty may have little impact on high-income earners while imposing a significant burden on those with lower incomes.

“For a person with substantial financial means, a fine of RM500 or even RM1,000 may have little impact. On the other hand, the same amount could impose a significant burden on a low-income individual,” he said.

He said it is worth considering a more equitable approach, whereby fines for certain serious traffic offences are linked, where practical and appropriate, to an offender’s financial capacity or income level.

“Such a system has been implemented in several countries, particularly for serious traffic violations, to ensure that penalties are felt equally across different income groups,” he said.

Lee said several countries have successfully implemented income-based or graduated penalty systems to ensure that legal sanctions are applied more equitably across society.

While welcoming the government’s proposal to strengthen the Road Transport Act through heavier penalties, he stressed that any increase in fines should be guided by the principles of fairness, proportionality and effectiveness.

“The objective of a traffic fine is not merely to punish but to deter. A deterrent can only be effective when the offender genuinely feels the consequences of his or her actions. A penalty that is insignificant to a wealthy offender may fail to achieve that purpose,” he said.

However, Lee cautioned that any transition to an income-based framework must be transparent, administratively practical, and safeguarded against potential abuse.

He urged the government to study international best practices and consult relevant stakeholders before introducing any graduated penalty framework.

He also recommended complementary measures to tackle habitual offenders, including demerit points, mandatory road safety education, licence suspensions, and compulsory community service related to road safety.

“Road safety is ultimately about protecting lives. The law must be firm against those who endanger others, but it must also be fair and proportionate in its application.

“By combining effective enforcement, equitable penalties, and sustained public education, we can create a safer road environment for all Malaysians,” Lee added.