SIBU: A lorry driver was fined RM8,500, in default four months’ imprisonment, by the Magistrates’ Court here on Tuesday (Aug 19) after he pleaded guilty to carrying a load exceeding the limit allowed in the Commercial Vehicle Licensing Board (LPKP) Carrier’s Licence.
Barkery Ladi Jangga, 36, was accused of committing the offence when he was found to have violated the conditions set out in the Carrier’s Licence under Section 19(1)(b)(vi) of LPKP Act 1987.
The offence was framed under Section 19(3) of the same act and punishable by a fine of not less than RM1,000 and not more than RM10,000 or imprisonment for a term not exceeding one year or both if convicted.
According to brief fact of the case, on May 26, at 8 am, a team of enforcement officers from the JPJ Stapang Enforcement Station conducted an operation focusing on commercial vehicles carrying more than the permitted load on the route from Pekan Stapang bazaar to Sibu town.
At 8.27 am, a lorry driven by the accused and carrying a load of cargo was detained for inspection after being suspected of carrying a load exceeding the permitted limit.
Following this, a weighing notice was issued to the driver to be weighed and the weight of the vehicle and load of goods determined at the JPJ Stapang Enforcement Station.
The weighing results found that the weight of the vehicle and load carried amounted to 16,540 kg, which is an excess load of 5,540 kg, equivalent to 50.36 per cent of the Weight with Load (BDM) allowed in the LPKP Carrier License, which is 11,000 kg.
Earlier, the Sibu Branch JPJ Prosecuting Officer, Mohd Erwan Bohari told Magistrate Onn Kerk Chern that commercial vehicles carrying loads exceeding the permitted limit are at high risk of experiencing brake system failure which can cause serious accidents and can contribute to the loss of lives of other road users in the event of a road accident.
According to him, vehicles carrying excessive loads put excessive pressure on road surfaces, bridges and other public infrastructure and subsequently cause damage that has high maintenance costs that the Government and the people have to bear.
In addition, Erwan said, the accused has six records of repeat offenses and has been convicted in court before, clearly showing no remorse.
Therefore, a proportionate punishment must be imposed in order to protect the public interest as a whole.
In mitigation, the accused requested the court to reduce the sentence because he has to support his family and promised not to repeat the same offence in the future.
