Were the MBPP officers in the tyre clamp case just doing their jobs?
LETTER | On Nov 20, 2017, enforcement officers of the Penang Island City Council (MBPP) clamped the car of one Ooi Chee Lin as it was parked in a slot reserved for OKU.
When she came out pushing her mother on a wheelchair, it was reported she refused to pay the fine, which was eventually paid by a friend before the car was unclamped.
Were the two enforcement officers of MBPP right or wrong in carrying out their duties? Could they have exercised their discretion in removing the clamps and cancelling the summons that was issued?
Normally, I am of the view that officers should be able to exercise common sense in carrying out their duties. However, in this case, the standard operating procedure of the council does not allow for such discretion, and for good reason, as explained below.
Under the present standard operating procedure (SOP), once a vehicle is clamped and a summons issued, the staff has no discretion to unclamp or cancel the summon until the fine is paid either to the officer on duty, or at the council’s office, upon which an official receipt must be issued.
This is done in order to avoid the opportunity for corruption, or accusations of unfairness in carrying out one’s duty by members of the public. As an ex-councillor in MBPP, I support this SOP.
There are, however, avenues for the complainant to appeal to the Council to refund the fine on justifiable grounds which, personally, I think would apply in this case.
I have no idea of the conversation that took place between the officers and Ooi. Perhaps both parties could have handled the situation better - the officers’ communication skills could have been better, as the mayor said.
On the other hand, members of the public should be more understanding that when they break rules, enforcement officers should carry out their duty, there should be no altercation.
We have seen too many cases of irate members of public scolding and even attacking enforcement officers for carrying out their duties. This type of behaviour must stop.
In this case, the mayor has graciously met with Ooi and her mother to explain the situation to them, and handed her an OKU sticker for her vehicle.
The matter should rest there.
The last thing we need is for the MCA to politicise the incident and accuse the council of clamping “to make money off the people.”
Strict traffic rules must be enforced for the good of the public.- Mkini
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