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Published on: Sunday, April 11, 2021

View of the Pan Borneo Highway.
DATUK John Lo’s article last Sunday (April 4, 2021) titled “Sabah’s stake in Pan Borneo Highway” is very well written and presented.
However, how can these billions of ringgit of funds be protected from abuse and corruption?
Private funds are also abused through corruption by double pricing of invoices.
There are two major roads projects in Sabah that has been under construction for years and will eventually become part of Pan Borneo Highway including the Indonesian Kalimantan Highway from Pontianak in the south to Nunukan (bordering Tawau).
One of the roads is the Penampang-Papar road. This has been under construction for at least eight years and based on the current progress, will take another four years to complete.
This is just about 40KM of dual carriageway.
The other is the Tawau road from Tawau Airport to Semporna, also about 40 KM. This has been under construction for over six years. This also looks like taking another four years to complete.
Both these roads are directly funded by Federal but under PWD Sabah supervision.
In the peninsular these 40KM dual carriageway roads will take just twenty-four months or two years to complete. According to contractors, the delay is because of slow and minimal release of funds by the Works Ministry at Putra Jaya.
The reason is when Federal Government allocates funds for these ongoing road constructions, the Officer-in-charge is a Malayan Malay say from Johor. He will distribute ninety percent of the funds to the Peninsular states and only 10 per cent to Sabah and Sarawak or five percent each state. This has resulted in many contractors going bankrupt. To overcome this problem, Ministers from Sabah and Sarawak should at Cabinet meetings press for a distribution of at least 30pc for Sabah and Sarawak.
It was widely reported that whenever Federal funds are assigned under State control, it is more likely to be abused, then when left directly under Federal control.
In early 2017, RM6 billion of Federal funds – RM3 billion for water works and RM3 billion for rural development was widely reported to have gone missing.
A number of politicians and civil servants were arrested. So far that is all.
Therefore, for the interest of Sabahans, it is better development funds remain under Federal Control. The Edge paper should look carefully at these facts before suggesting that funds be under state control.
TEG
Papar



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How The Florida Lemon Law Works

The Lemon Law covers defects or conditions that substantially impair the use, value or safety of a new or demonstrator vehicle (these are called 'nonconformities'). These defects must be first reported to the manufacturer or its authorized service agent (usually, this is the dealer) during the 'Lemon Law Rights Period,' which is the first 24 months after the date of delivery of the motor vehicle to the consumer. If the manufacturer fails to conform the vehicle to the warranty after a “reasonable number of attempts” to repair these defects, the law requires the manufacturer to buy back the defective vehicle and give the consumer a purchase price refund or a replacement vehicle.The law does not cover defects that result from accident, neglect, abuse, modification or alteration by persons other than the manufacturer or its authorized service agent. DO NOT DELAY in reporting a problem as this may cost valuable time and protection.

Consumers should KEEP RECORDS of all repairs and maintenance. A written repair order should be obtained from the service agent (dealer) for each examination or repair under the warranty. The consumer should note the date the vehicle was taken in for repair and date he or she was notified that work was completed. Odometer mileage when the vehicle was taken to the shop and when it was picked up after repair should also be noted. Consumers should keep all receipts or invoices for payment of expenses related to the purchase/lease of the vehicle and to any repair.

WHAT IS MEANT BY “A REASONABLE NUMBER OF ATTEMPTS”?

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The Lemon Law provides two presumptions for what constitutes a “reasonable number of attempts”:

If the vehicle has been back to the service agent for repair of the same recurring problem at least three times, the consumer must give written notification by certified, registered or express mail, to the manufacturer (not the dealer) to afford a final opportunity to repair the vehicle. Check the warranty book or owner’s manual or other written manufacturer supplement for the address given by the manufacturer. A Motor Vehicle Defect Notification form may be used for this purpose. Click here for the Instructions and Motor Vehicle Defect Notification form. Upon receipt of the notification, the manufacturer has 10 days to direct the consumer to a reasonably accessible repair facility, and then up to 10 days from delivery of the vehicle to fix it.

IN THE ALTERNATIVE:

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If the vehicle is in and out of the authorized repair shop for repair of one or more different problems for 15 or more cumulative days, the consumer must give written notification of this fact to the manufacturer (not the dealer), by certified, registered or express mail. Check the warranty book or owner’s manual or other written manufacturer supplement for the address given by the manufacturer. A Motor Vehicle Defect Notification form may used for this purpose. Click here for the Instructions and Motor Vehicle Defect Notification form. After the manufacturer’s receipt of the notification, the manufacturer or its authorized service agent must have at least one opportunity to inspect or repair the vehicle.The consumer may be eligible for a purchase price refund or a replacement vehicle if the vehicle is out of service for repair of one or more nonconformities for a cumulative total of 30 or more days.

WHAT IF A VEHICLE IS NOT REPAIRED WITHIN “A REASONABLE NUMBER OF ATTEMPTS”?Federal

If the manufacturer has failed to correct one or more nonconformities within a reasonable number of attempts but does not provide a refund or a replacement vehicle, consumers may invoke their rights through arbitration. Depending on the circumstances, a consumer may go through either one or two arbitration programs.

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If the manufacturer sponsors its own arbitration program, the dispute must first be submitted forarbitration to the manufacturer-sponsored program, if that programwas certified by the State of Florida when the consumer purchasedor leased the vehicle and the manufacturer's warranty or otherwritten material explained how and where to file a claim with astate-certified program. A list of manufacturers who sponsor state-certified programscan be found by clicking here, or to find out if a manufacturer has a state-certified program, contact the Lemon Law Hotline(1-800-321-5366; 850-414-3500 outside the state).'State-certified' means the manufacturer's programmeets certain state and federal requirements; it does notmean that the program is administered or sponsored by the Stateof Florida.

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If a manufacturer has no state-certified program, or if themanufacturer has a state-certified program, but the program failsto make a decision in 40 days, or the consumer is not satisfiedwith the state-certified program's decision, the dispute must besubmitted to the Florida New Motor Vehicle Arbitration Board,which is administered by the Office of the Attorney General. Click here to download a Request for Arbitration form, or contact the Lemon Law Hotline (1-800-321-5366; 850-414-3500 outside the state) to obtain a Request for Arbitration form. The Attorney General’s Lemon Law Arbitration Division will conduct an eligibility screening to determine whether the claim is potentially eligible for arbitration before the Florida New Motor Vehicle Arbitration Board.

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