NST Leader: Criminalise It: Time to Get Tough on Toll Dodgers

Why It Matters

Unchecked evasion erodes revenue for private concessionaires, raises costs for compliant motorists, and undermines fairness in a system moving toward barrier‑less tolling. Criminalisation would strengthen enforcement and protect infrastructure funding.

Key Takeaways

• 2,122 toll evasion notices issued between 2023‑2024
• Some motorists evade tolls up to 30 times annually
• Over 500 evasion cases reported each year in Malaysia
• Current fines RM2,000‑RM5,000 (~$440‑$1,100) rarely enforced
• Other countries prosecute deliberate evasion as criminal fraud

Pulse Analysis

The spike in toll‑evasion incidents highlights a growing compliance gap that threatens the financial viability of Malaysia’s privately managed highways. Operators rely on toll revenue to fund maintenance, safety upgrades, and traffic‑management technology. When evaders repeatedly avoid payment, the shortfall is often back‑filled through government subsidies or higher rates for law‑abiding drivers, creating a fairness dilemma and inflating public costs. Moreover, the data—2,122 demand letters and more than 500 annual cases—suggests that evasion is shifting from isolated lapses to a systematic behavior.

Internationally, jurisdictions have responded by elevating toll evasion from a civil breach to a criminal offence. In the United States, several states treat deliberate non‑payment as fraud, imposing fines and possible imprisonment. The United Kingdom, Italy, France, and Australian states such as New South Wales and Victoria prosecute repeat offenders under criminal statutes, often coupling penalties with asset seizure. These models demonstrate that legal frameworks can be adapted without contravening common‑law principles, providing a deterrent effect that civil remedies alone have failed to achieve in Malaysia.

For Malaysia to align its enforcement with global best practices, lawmakers must modernise the Federal Roads (Private Management) Act. A tiered approach could differentiate genuine technical glitches—RFID tag failures or scanner errors—from intentional avoidance, preserving fairness while targeting repeat offenders. Introducing criminal sanctions, calibrated fines (e.g., $1,000‑$2,500) and possible short‑term incarceration, would complement existing civil recovery mechanisms. Coupled with the rollout of barrier‑less, electronic tolling, a robust legal regime would safeguard revenue streams, ensure equitable treatment of motorists, and support the long‑term sustainability of the nation’s highway network.