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JPJ: No summonses for smoking while driving private vehicles
The Road Transport Department (JPJ) has made it clear that people have the right to smoke in their own vehicles. JPJ public relations officer Mohamad Sazali Baharudin, stated that the “JPJ had no powers to book drivers of private vehicles who smoke while driving, but drivers of public service and tour vehicles were prohibited from doing so under the Control of Tobacco Product Regulations 2004.”
While the JPJ will not issue fines to drivers of private vehicles, they have made it clear that they will penalize public service drivers and tour bus drivers under the Control of Tobacco Product Regulations 2004.
Although, several online sources (social blogs) have claimed that the JPJ have issued summonses to private individuals, Mohamad Sazali reaffirms that the JPJ never issued summonses to private car drivers found smoking.
It appears that the uploaded a copy of a summons dated Jan 27, 2015 listing menghisap rokok semasa memandu (smoking while driving) as the offence, was issued by another department. As Mohamad Sazali stated that the JPJ had researched the summons issue to determine that the summons was not issued by them.
It is important to note that the JPJ will take action against the public service and tour vehicles drivers who are caught smoking while driving. If caught, drivers will be issued a compound fine of not more than RM5,000, fined not more than RM10,000, or jailed up to two years if convicted.