Saturday, April 09, 2005

RTD Management Don't Know The Law


RTD Wrong Posted by Hello

The Road Transport Department should not have refused to renew the road tax for a taxi without issuing a show-cause letter to the driver, the High Court ruled today.

It also should not have revoked a Public Service Vehicle (PSV) licence belonging to the driver Ismail Mahmud. Judge Datuk Datuk Azmel Ma'mor said Ismail was not asked to show cause before the RTD denied him the permits.

"The defendants failed to prove, on the balance of probability, that the plaintiff was served with a show- cause letter," he said in allowing an application by Ismail to declare RTD's action null and void. Azmel also awarded damages for loss of earnings, interest and costs to Ismail.

In his statement of claim, he said he was the driver of the taxi registration number HW 9119, and on Nov 16, 1994, the RTD rejected his application to renew the road tax without giving any reason. Ismail said the RTD, in a letter dated Jan 9, 1995, also revoked his PSV licence and ordered the permit be surrendered within seven days. As a result of RTD's action, Ismail said he was unable to drive the vehicle and it was taken back by the owner, Boardline Corporation (M) Sdn Bhd.

Meanwhile, when contacted, RTD director-general Datuk Emran Kadir said the agency accepted the ruling. "I am eager to obtain a copy of the judgment to know the principles advocated by the judge in arriving at his decision."

Asked why the RTD did not issue a show-cause letter to Ismail, Emran said he would have to look into the case. "It happened before I took over the job. I cannot comment more on this before getting all the details," he said.

So, Why doesn't RTD do the right thing? The D-G says he is new and have to look into the case. So, does it mean the previous management don't know what they are doing were the wrong things that was made right by their ego? Is it that the management were NEVER provided with the knowledge of law and that there is entirely no legal advisors at RTD to advice their officers?

What about the KPI that Pak Lah talks about? Is it that it doesn't apply to RTD?

There is no excuse that RTD senior management don't know the law! This is not something new. There are ample case laws to refer to!!!

No comments: