ROAD TRANSPORT ACT 1987
(1) This Act may be cited as the Road Transport Act 1987 and shall come into force on such date as the Minister may, by notification in the Gazette, appoint.
(2) The Minister may appoint different dates for the coming into force of different Parts and provisions of this Act.
(3) This Act shall apply throughout Malaysia.
In this Act, unless the context otherwise requires:
[Ins. Act A1262]
(1) There shall be appointed a Director General for Road Transport and such number of Deputy Directors General for Road Transport, Directors for Road Transport, Deputy Directors for Road Transport and other road transport officers as may be considered necessary or expedient for the purposes of this Act.
(2) The Director General shall have the general supervision and direction of all matters relating to road transport throughout Malaysia.
(3) The Minister may, by order published in the Gazette , prescribe-
(a) uniforms and rank markings for any road transport officer; and
(b) the authority card and badge to be carried by any road transport officer.".
[Subs. by Act 1684]
(4) The Dato Bandar may appoint such number of persons in the service of the City of Kuala Lumpur as he considers necessary or expedient for the purposes of this Ac
[Shoulder note Subs. Act A1512:s.4]
(1) The Minister may, by order published in the Gaz ette, upon application being made by the Mayor of a City Council, authorise the Mayor and the officers or persons in the service of the City Council to exercise the powers conferred and to perform the duties imposed by this Act on the Dato Bandar or traffic warden, as the case may be.
(2) An order made under subsection (1) may limit the powers to be conferred on and the duties to be performed by the Mayor and the officers or persons in the service of the City Council.
(3) Upon authorisation being made under subsection (1), the Mayor and officers or persons in the service of the City Council may exercise the powers conferred and perform the duties imposed by this Act on the Dato Bandar or traffic warden, as the case may be, as if:
(a) references to "Dato Bandar" were references to th
4 PART I PRELIMINARY-4. Powers of Dato Bandar and traffic wardens.
The powers and duties of the Dato Bandar, the Perbadanan Putrajaya, the Mayor of a City Council, the President of a Municipal Council, the Chairman of a Municipal Council and traffic wardens under this Act shall not be exercised outside or in respect of offences committed outside the Federal Territory of Kuala Lumpur, the Federal Territory of Putrajaya, the City Council or the Municipal Council, respectively.
[Am. Act A1065:s.4; Am. Act A1356: s.3; Subs. Act A1512:s.5; Subs. Act A1585:s.5]
4A PART I PRELIMINARY-4A. Powers of police officer and road transport officer.
Notwithstanding anything contained in any written law, any police officer or road transport officer shall exercise the powers conferred by this Act in respect of offences committed under this Act on any road.
[Ins. Act A1391:s.3]
4B PART I PRELIMINARY-4B. [Deleted].
(Deleted by Act A1585:s.6)
5 PART II CLASSIFICATION, REGISTRATION AND LICENSING OF MOTOR VEHICLES AND DRIVERS Classification of Motor Vehicles-5. Classification of motor vehicles.
(1) For the purposes of this Act, motor vehicles shall be divided into the following classes:
(a) invalid carriages; that is to say, motor vehicles, the unladen weight of which does not exceed three thousand five hundred kilogrammes, which are specially designed and constructed or adapted for the use of a person suffering from some physical defect or disability and used solely by such a person;
(b) motor cycles; that is to say, motor vehicles with less than four wheels, and the unladen weight of which does not exceed four hundred and fifty kilogrammes;
(c) tractors heavy; that is to say, motor vehicles not constructed to carry any load (other than water, fuel, accumulators and other equipment and materials used for the purposes of propulsion, loose tools and loose equipment), the unladen weight of which exceeds five thousand kilogrammes;
(d) tractors light; that is to say,
6 PART II CLASSIFICATION, REGISTRATION AND LICENSING OF MOTOR VEHICLES AND DRIVERS Classification of Motor Vehicles-6. Prohibition of motor vehicles not complying with rules.
(1) It shall not be lawful to use a motor vehicle which does not comply with the rules as to construction, weight, equipment, use and age applicable to the class or description of motor vehicle to which such motor vehicle belongs:
Provided that the Minister may, by notification in the Gazette, authorise (subject to such restrictions and conditions as may be specified in the notification) the use of special motor vehicles, or special types of motor vehicles, which are constructed either for special purposes or for tests or trials and of new or improved types of motor vehicles, whether wheeled or wheelless.
(2) The Minister may revoke, vary or amend any notification made under this section.
(3) Subject to this section, it shall not be lawful to sell or supply or to offer to sell or supply, a motor vehicle for delivery in such a condition that the use thereof in that condition would be unlawful by virtue of this section.
7 Registration of Motor Vehicles-7. Registration of motor vehicles and owners.
(1) No person shall possess or use a motor vehicle unless that vehicle is registered in accordance with this Part.
(2) Subsection (1) shall not apply in the case of:
(a) an unregistered motor vehicle which is owned by and in the possession of a dealer for the purpose of sale;
(b) a motor vehicle which is lawfully used under the authority of a motor vehicle trade licence granted to a manufacturer or repairer of or dealer in motor vehicles under section 22;
(c) a motor vehicle which is being driven to or from any place specified by a road transport officer for inspection or testing, or while it is being tested by a road transport officer, or while it is being driven to or from any place specified by a road transport officer for the purpose of registration, and while being so driven or tested is carrying a means of identification in accordance with this Act;
(d) a mot
8 Registration of Motor Vehicles-8. Keeping of register.
Every Director shall keep and maintain a register of all motor vehicles registered under this Act in the registratration area for which he is Director. Such register shall be in such form and contain such information, details and particulars as the Director General may from time to time direct.
9 Registration of Motor Vehicles-9. Keeping of accounts by licensed registrar.
Every Director assigned to a registration area shall keep such accounts and make such returns in relation to the sums payable to him under this Act, and such financial and statistical returns in such form and at such times as the Director General may direct.
[Am. Act A1065]
10 Registration of Motor Vehicles-10. Applications for registration.
(1) Every application for the registration of a motor vehicle shall be made in the prescribed form to the Director of a registration area and shall be signed by the person for the time being entitled to the possession of the motor vehicle.
(2) Notwithstanding anything in subsection (1), any person who satisfies the Director that he has been authorised in writing for that purpose by a person who is absent from Malaysia, may make application on behalf of that person for the registration of a motor vehicle, and in any such case the application shall be deemed to have been signed and made by that person.
(3) No motor vehicle shall be registered unless:
(a) such vehicle bears a clear, distinct and untampered engine and chassis number; and
(b) the prescribed fee has been paid.
(4) No motor vehicle shall be registered which does not comply with this Act as to construction, we
11 Registration of Motor Vehicles-11. Registration numbers.
(1) Upon the registration of a motor vehicle, the Director shall:
(a) assign to the motor vehicle the prescribed index mark indicating the registration area in which the vehicle is registered or the status of the owner of the motor vehicle and a separate number (in this Act such mark and number are referred to collectively as "the registration number"), and such registration number shall continue to be the registration number of such motor vehicle until it is broken up, destroyed or sent permanently out of Malaysia, and such registration number shall not be assigned to any other motor vehicle:
Provided always that a person who is registered as the owner of a motor vehicle may, subject to any terms and conditions which may be prescribed, and on payment of the prescribed fee, have the number assigned to such motor vehicle assigned to another motor vehicle of which he applies to be registered as owner and which has no
11A Registration of Motor Vehicles-11A. Person may propose own registration number.
(1) A person may propose his own registration number but the proposed registration number shall be subject to subsection (2) and such terms and conditions as may be prescribed by the Director General.
(2) For the purposes of this section, the words "registration number" mean:
(a) any combination of letters whether or not they constitute a word; or
(b) any combination of letters and number.
12 Registration of Motor Vehicles-12. Inspection of motor vehicles and information to Director General.
(1) The Director General, a Director may at any time before registration of a motor vehicle require the motor vehicle to be brought to any convenient place specified by him and to be inspected and, if necessary, to be weighed and measured and after registration may at any time require a motor vehicle to be brought as aforesaid if he has reason to believe:
(a) that the motor vehicle does not comply with the requirements of this Act;
(b) that any information furnished to him in respect of the motor vehicle is false, incorrect or misleading;
(c) that the motor vehicle is not in a serviceable condition; or
(d) that the weight, dimensions, character, construction, colour, identifying particulars or seating accommodation have been altered after the registration thereof.
(2) The registered owner of a motor vehicle shall forthwith inform the Director in writi
13 Registration of Motor Vehicles-13. Procedure on change of possession of motor vehicles.
(1) On any change of possession of a motor vehicle upon a voluntary transfer made by the registered owner:
(a) the registered owner shall, within seven days after such change of possession, forward to the Director of a registration area a statement in the prescribed form, and shall deliver to the new possessor or the new owner the registration certificate relating to the motor vehicle and, unless he is surrendering the licence under section 19, the licence;
(b) the new possessor or new owner shall, within seven days after such change of possession, forward to such Director a statement in the prescribed form together with the registration certificate and the prescribed fee; and
(c) the motor vehicle shall not be used for more than seven days after such change of possession unless the new possessor or the new owner is registered as the owner thereofand, if the licence has been surrendered by
13A Registration of Motor Vehicles-13A. Interim change of possession of motor vehicles.
(1) Notwithstanding section 13, where a registered owner sells his motor vehicle to a dealer for the purpose of resale, the registered owner may apply to the Director for an interim change of possession of the motor vehicle from the registered owner to the dealer in such form and manner and upon payment of such fee as may be prescribed.
(2) The Director shall, upon receipt of the application and payment of the fee under subsection (1), make the necessary entries in the register relating to the interim change of possession.
(3) The interim change of possession shall be effective for a prescribed period.
(4) Where the dealer has not sold the motor vehicle to any person upon the expiration of the period prescribed under subsection (3), the dealer shall be registered as the new owner of the motor vehicle.
(5) For the purposes of subsection (4), the Director shall make the necessary alterations in the register and the registr
14 Registration of Motor Vehicles-14. Display of registration number.
(1) The registration number assigned to a motor vehicle upon registration or a new registration number assigned under section 11 shall be displayed and illuminated on the number plate in the manner prescribed by rules made under this Act.
(2) (Deleted by Act A1391:s.8)
(3) Where a trailer is being drawn on a road by a motor vehicle, in addition to the registration number assigned to such trailer on the registration thereof, there shall be displayed in the manner referred to in subsection (1) the registration number of the motor vehicle by which such trailer is drawn, and this section shall apply in relation to the display of such registration number on a trailer as they apply in relation to the display thereof on such motor vehicle.
(4) If a registration number is not displayed in accordance with this section, the driver or person in charge of the vehicle while it is being used shall be guilty of an offence and shall on convicti
15 Licensing of Motor Vehicles-15. Motor vehicle licences.
(1) No person shall use or cause or permit to be used a motor vehicle in respect of which there is not in force a motor vehicle licence granted under this Act:
Provided that a motor vehicle lawfully brought into Malaysia in accordance with section 21 or 25 or in accordance with any rules made thereunder, shall be deemed to be a motor vehicle in respect of which a licence granted under this Act is in force.
(2) Subsection (1) shall not apply to a motor vehicle which has been laid up:
Provided that a declaration has been made to the Director, in the prescribed form, that such vehicle has been laid up.
(3) Where a motor vehicle referred to in subsection (2) is subsequently found to be used or caused or permitted to be used, such vehicle shall not, for the purposes of this section, be deemed to have been laid up.
(4) Any person who uses or causes or permits to be used a motor vehicle after declaring that it has been
16 Licensing of Motor Vehicles-16. Requirements for application.
(1) A motor vehicle licence shall be granted, for such period as may be prescribed, on application being made to a Director of any registration area.
(2) Every applicant for a motor vehicle licence shall furnish such particulars and produce such evidence as may be prescribed and in particular that either:
(a) during the period of validity of the licence applied for there will be in force such policy of insurance or such security, relating to the motor vehicle for which such licence is required, as complies with the requirements of Part IV; or
(b) such motor vehicle is a vehicle to which, by reason of subsection (5) of section 90, section 90 does not apply.
(3) Notwithstanding anything in this section to the contrary, any person who satisfies the Director that he has been authorised in writing for the purpose by a registered owner of a motor vehicle who is absent from Malaysia
17 Licensing of Motor Vehicles-17. Director may refuse to issue motor vehicle licences in certain cases.
(1) A Director shall not be required to grant any motor vehicle licence for which application is made unless:
(a) the registration certificate relating to the motor vehicle specified in such application is produced and the particulars contained in such application are identical with the corresponding particulars contained in such registration certificate;
(b) the identifying particulars of the motor vehicle, including the engine and chassis number, remain clear, distinct and untampered and are identical with the corresponding particulars contained in such registration certificate;
(ba) in the case electronic of an application through means, the relevant details in the registration certificate of the motor vehicle are duly submitted online;
[Renumbering Act A1512:s.6]
(bb) in relation to a class or category of motor vehicles required to underg
18 Licensing of Motor Vehicles-18. Effect on licence of altering vehicle.
When any motor vehicle in respect of which a motor vehicle licence has been granted is altered, after such licence has been granted, in such a manner as to cause the motor vehicle to become a motor vehicle in respect of which a licence at a higher fee or a licence of a different class is required, the licence shall before the altered vehicle is used become void, but the holder of the licence, on surrendering the same and furnishing the prescribed particulars, shall be entitled to receive a new licence in respect of the motor vehicle, to have effect for the period for which the surrendered licence would, if it had not been surrendered, have remained in force on payment of such amount, if any, as represents the difference between the amount payable on the new licence and the amount of refund, if any, payable under section 19 on the surrendered licence.
19 Licensing of Motor Vehicles-19. Surrender of motor vehicle licence.
(1) The holder of a motor vehicle licence may at any time surrender such licence to the Director and shall, unless otherwise provided, be entitled to be paid by the licensed registrar by way of rebate such amount as may be prescribed:
Provided that no refund shall be payable in respect of a licence which has been cancelled or suspended by a Director under section 17.
(2) No person shall take proceedings with a view to securing a rebate under this section or a refund in respect of any overpayment of any fee payable for a motor vehicle licence granted under section 16, unless proceedings are brought before the expiration of one year from the date of expiry of such licence.
20 Licensing of Motor Vehicles-20. Display of motor vehicle licence.
(1) Every motor vehicle licence granted under section 16 shall be fixed to and exhibited on the vehicle in respect of which it is issued, in the manner and subject to such conditions as may be prescribed.
(2) No person shall (either by writing, drawing or in any other manner) alter, deface, mutilate or add anything to any motor vehicle licence, nor shall any person exhibit on any motor vehicle any vehicle licence which has already been altered, defaced, mutilated or added to as aforesaid, or upon which the figures or particulars have been illegible or of which the colour has become altered, by fading or otherwise, nor shall any person exhibit any colourable imitation of any such licence.
(3) Any person who contravenes this section shall be guilty of an offence.
21 Licensing of Motor Vehicles-21. Visitors' licence.
(1) A licensed registrar may, subject to any rules which may be made by the Minister under section 66, other than a motor vehicle licence granted in respect of a motor cycle or an invalid carriage, grant a visitor's licence in respect of any motor vehicle brought into Malaysia from a place outside Malaysia, if the Director is satisfied that such motor vehicle will be exported from Malaysia within a period of ninety days from the date of arrival of such motor vehicle in Malaysia.
[Am. Act A878]
(2) A visitor's licence shall:
(a) be expressed to expire not later than ninety days from the date of arrival of such vehicle in Malaysia and shall not be renewable;
(b) not be granted in respect of a tractor heavy, goods vehicle or public service vehicle;
(c) not be granted unless the Director is satisfied that there exists in relation to the use of such motor
22 Licensing of Motor Vehicles-22. Motor vehicle trade licences.
(1) If any person, being a manufacturer or repairer of or dealer in motor vehicles, makes an application in the prescribed manner to the Director of the registration area in which his business premises are situated that he may be entitled, in lieu of taking out a licence under this Part in respect of each motor vehicle used by him, to take out a general licence in respect of all motor vehicles used by him, the licensed registrar may, subject to any conditions which may be prescribed, grant to such person a licence (in this Act referred to as a "motor trade licence") on payment of the prescribed fee.
(2) The holder of a motor trade licence granted under this section shall not be entitled by virtue of such licence:
(a) to use more than one motor vehicle at any one time, except in the case of a motor vehicle drawing a trailer and used for the prescribed purposes; or
(b) to use any motor vehicle for an
23 Licensing of Motor Vehicles-23. Other offences in connection with registration and licensing of motor vehicles.
(1) If any person uses a motor vehicle while there is not in force in respect thereof a motor vehicle licence granted under this Act, or causes or permits a motor vehicle to be so used or, being the holder of a motor trade licence granted under section 22, uses at any time a greater number of motor vehicles than he is authorised to use by virtue of such licence, he shall be guilty of an offence and shall on conviction be liable to a fine not exceeding two thousand ringgit.
(2) Where a licence has been granted in respect of a motor vehicle to be used for a certain purpose, and such motor vehicle is at any time during the period for which the licence is in force used for another purpose, the person so using such motor vehicle or causing or permitting the use thereof shall be guilty of an offence and shall on conviction be liable to a fine not exceeding two thousand ringgit.
(3) Any court before which the holder of a motor vehicle licence
24 Miscellaneous-24. Recovery of fees.
(1) If any fee payable under this Part remains unpaid after one month from the date on which such fee should have been paid, or if the fee which has been paid is less than the appropriate amount, the Director shall issue a notice requiring the defaulter to pay the amount due within fourteen days from the date of such notice.
(2) Any person who fails to comply with the requirement of such notice shall be guilty of an offence and shall on conviction be liable to a fine not exceeding two thousand ringgit and the court before which such person is convicted may, in addition to such fine, order such person to pay the amount of any fees due and remaining unpaid at the time of conviction, and any such amount so ordered to be paid may be recovered in accordance with the law relating to the recovery of fines; and any amount so recovered shall be remitted by the court to the appropriate Director.
(3) In any prosecution under this section, a certif
25 Miscellaneous-25. International certificates.
When any international agreement for facilitating the international circulation of motor vehicles or for relieving them from taxation has been applied to Malaysia, the Minister for the purpose of giving effect to any such agreement may make rules:
(a) for the grant and authentication of any travelling passes, certificates, driving licences or other authorities which may be of use to persons residing in Malaysia when temporarily taking their motor vehicles abroad, or to drivers proceeding abroad and desiring to drive motor vehicles;
(b) for modifying the provisions of this Act relating to the registration and licensing of motor vehicles in the case of motor vehicles brought temporarily into Malaysia by persons resident abroad and intending to make only a temporary stay in Malaysia, and to the licensing of drivers entering Malaysia for the purpose of driving any such vehicles;
(c) for provid
26 Licensing of Motor Drivers-26. Driving licences.
(1) Except as otherwise provided in this Act, no person shall drive a motor vehicle of any class or description, on a road unless he is the holder of a driving licence authorising him to drive a motor vehicle of that class or description, and no person shall employ or permit another person to drive a motor vehicle on the road unless the person so employed or permitted to drive is the holder of such a driving licence.
(2) Any person who contravenes subsection (1) shall be guilty of an offence and shall on conviction be liable to a fine of not less than three hundred ringgit and not more than two thousand ringgit or to imprisonment for a term not exceeding three months or to both such fine and imprisonment.
(3) For the purposes of this section, the expression "holder of a driving licence" includes a person in possession of and driving a motor vehicle in accordance with a licence duly issued by or on behalf of the proper authority authoris
27 Licensing of Motor Drivers-27. Application for driving licence.
(1) An application for a driving licence shall be made in the prescribed form and manner to the Director of a registration area.
(2) Subject to this Part as to tests of competence to drive and as to the physical fitness of applicants for driving licences, the Director shall, except in the case of an applicant who is disqualified by reason of age or otherwise as hereinafter mentioned, on payment of the prescribed fee, grant a driving licence to any person who applies for it in accordance with this Act.
(3) A driving licence may authorise the holder thereof to drive such class or classes, or such type or types within any class or classes of motor vehicle, as the Director General or Director may specify therein.
(4) Where under this Part the applicant is subject to any restriction with respect to the driving of any class of motor vehicle, the extent of the restriction shall be specified in the prescribed manner on the driving licen
27A Licensing of Motor Drivers-27A. Register of holders of driving licence.
(1) Every Director shall keep and maintain a register of holders of driving licences granted under this Act.
(2) The register shall be in such form and contain such information, details and particulars as the Director General may direct.
28 Licensing of Motor Drivers-28. Recognition of driving licences of other countries.
A driving licence issued under the corresponding provisions of any law in force in any country which is a party to a treaty to which Malaysia is also a party and which purports to recognise domestic driving licences issued by the contracting countries shall, so long as such licence remains in force in that country, be deemed to be a driving licence granted under this Part.
29 Licensing of Motor Drivers-29. Tests of competence to drive.
(1) A driving licence shall not be granted to any applicant unless he satisfies the Director that he has:
[Am. Act A973]
(a) held a probationary driving licence for a period of two years and makes the application within one year after the expiry of that period;
[Subs. Act A973, Am. Act A1065]
(b) within three years before the date on which he makes the application held a licence issued by a competent authority in Malaysia or the Republic of Singapore authorising him to drive motor vehicles of the class or description which he would be authorised, by the driving licence for which he is applying to drive; or
(c) within three years before the date on which he makes the application held a license issued by a competent authority in any other country authorising him to drive motor vehicles of the class or description which he would be authorised, by th
30 Licensing of Motor Drivers-30. Provisions as to physical fitness of applicants for and holders of driving licence.
(1) On an application for the grant of a driving licence by an applicant mentioned in subsection (1) of section 27, the applicant shall make a declaration in the prescribed form as to whether or not he is suffering from any such disease or physical disability as may be specified in the form, or any other disease or physical disability which would be likely to cause the driving by him of a motor vehicle being a motor vehicle of such a class or description as he would be authorised by the driving licence to drive, to be a source of danger to the public.
(2) If from the declaration it appears that the applicant is suffering from any such disease or disability as aforesaid, the Director shall refuse to grant him the driving licence:
Provided that:
(a) a driving licence limited to the driving of an invalid carriage may be granted to the applicant if the Director is satisfied that he is fit to drive such a carria
31 Licensing of Motor Drivers-31. Disqualification for offences.
(1) Any court before which a person is convicted of any criminal offence in connection with the driving of a motor vehicle:
(a) may in any case, except where otherwise expressly provided by this Part, and shall where so required by this Part, order him to be disqualified from holding or obtaining a driving licence for life or for such period as the court thinks fit; and
(b) may in any case, and shall where a person is by virtue of a conviction disqualified from holding or obtaining a driving licence or where an order so disqualifying a person is made, or where so required by this Part, order that particulars of the conviction and of any disqualification to which the convicted person has become subject shall be endorsed on any driving licence held by the offender:
Provided that, if the court thinks fit, any disqualification imposed under this section may be limited to the driving of a motor vehicle
32 Licensing of Motor Drivers-32. Suspension of driving licence upon disqualification.
(1) Where a person who is disqualified by virtue of a conviction or order is the holder of a driving licence, such driving licence shall be suspended as long as the disqualification continues in force.
(2) A driving licence suspended by virtue of this Part shall during the time of suspension be of no effect.
(3) If any person who under this Part is disqualified from holding or obtaining a driving licence applies for or obtains a driving licence while he is so disqualified, or if any such person while he is so disqualified drives a motor vehicle or, if the disqualification is limited to the driving of a motor vehicle of a particular class or description, drives a motor vehicle of that class or description, that person shall be guilty of an offence and shall on conviction be liable:
(a) to imprisonment for a term not exceeding one year; or
(b) to a fine not exceeding five thousand ringgit if
33 Licensing of Motor Drivers-33. Application to remove disqualification.
(1) Any person who by virtue of a conviction or order under this Part is disqualified from holding or obtaining a licence may, at any time after the expiration of one year from the date of the conviction or order or, if there has been an appeal from the said conviction or order, from the date of the decision of such appeal, and from time to time (not less than three months from the date of his last application made under this section) apply to the court before which he was convicted or by which the order was made to remove the disqualification.
(2) On an application aforesaid being made, the court may, having regard to the character of the applicant, his conduct subsequent to the conviction or order, the nature of the offence and any other circumstances, either by order remove the disqualification from such date as the court may specify in the order or reject the application.
34 Licensing of Motor Drivers-34. Endorsements on driving licence.
(1) An order that the particulars of any conviction or of any disqualification to which the convicted person has become subject are to be endorsed on any driving licence held by the offender shall, whether the offender is at the time the holder of a driving licence or not, operate as an order that any driving licence he may then hold or may subsequently obtain shall be so endorsed until he becomes entitled under this section to have a driving licence issued to him free from endorsement.
(2) Where an order is made requiring any driving licence to be endorsed, then:
(a) if the offender is at the time the holder of a driving licence, he shall, if so required by the court, produce the driving licence within five days or such longer time as the court may determine for the purpose of endorsement; and
(b) If he is not then the holder of a driving licence but subsequently obtains a driving licence, he shal
34A Licensing of Motor Drivers-34A. Endorsement where driving licence is incorporated in a multi-purpose electronic card or device.
(1) Notwithstanding section 34, where a court orders the particulars of any conviction or of any disqualification to which the convicted person has become subject to be endorsed on any driving licence held by that person and such driving licence is incorporated in a multipurpose electronic card or device, such endorsement shall be deemed to have been effected if the particulars to be endorsed on the licence are included in the database maintained by or on behalf of the Director General of driving licences granted under this Act and holders of such driving licences.
(2) Notwithstanding subsection (1), the Director may direct the convicted person referred to in subsection (1) to surrender, within such period as the Director may specify, the multipurpose electronic card or device in which the driving licence is incorporated to the Director, or to a road transport officer authorised in writing in that behalf by the Director General, for the inclusi
35 Licensing of Motor Drivers-35. Power of Director General to suspend or revoke a driving licence.
(1) Notwithstanding anything contained in this Act, the Director General may suspend every driving licence of a person for a period not exceeding twelve months or revoke a driving licence of a person if such person's record, as kept by the Director General, as a driver of a motor vehicle, or his conduct or habits as such driver, establishes that it would not be in the interests of public safety for him to hold a valid driving licence or that such person is not competent to drive a motor vehicle.
[(1) Am. Act A1512:s.7]
(2) For the purpose of establishing that it would not be in the interests of public safety for a person to hold a driving licence or that such person is not competent to drive a motor vehicle, the Minister may make rules establishing a system of awarding points against a person for the commission of an offence under this Act or a person who has been compounded under this Act and has paid the compoun
35A Licensing of Motor Drivers-35A. Power of Director General to revoke a probationary driving licence.
[Ins. Act A973]
(1) Notwithstanding anything contained in this Act, the Director General may revoke a probationary driving licence of a person if within a period of twenty-four months from the date of the grant of the probationary driving licence such person's record, as kept by the Director General, as a driver of a motor vehicle, or his conduct or habits as such driver, establishes that it would not be in the interests of public safety for him to hold a valid driving licence or that such person is not competent to drive a motor vehicle.
[(1) Am. Act A1512:s.8]
(2) For the purpose of establishing that it would not be in the interests of public safety for a person to hold a driving licence or that such persons is not competent to drive a motor vehicle, the Minister may make rules establishing a system of awarding points against a person for the commission of an offence under this Act
36 Licensing of Motor Drivers-36. Power to suspend driving licence of drug dependant.
(1) Notwithstanding anything contained in this Act or any other written law, the Director General may suspend the driving licence of a person for a period of not less than two years if' he has reason to believe that such person is a drug dependant.
(2) Where the Director General has reason to believe that a person whose licence has at any time been suspended under subsection (1) continues or has not ceased to be a drug dependant at any time after the period of suspension, the Director General shall disqualify such person from holding or obtaining a driving licence.
(3) For the purposes of this section, a police officer or Rehabilitation Officer shall, upon the arrest or voluntary surrender of any person suspected to be a drug dependant, detain any driving licence belonging to such person until such person is certified as a drug dependant.
(4) Upon a government medical practitioner certifying that such person is a drug dependant,
37 Licensing of Motor Drivers-37. Licensee may show cause why driving licence should not be suspended or revoked.
(1) Upon the suspension or revocation of a driving licence under section 35 or upon the revocation of a probationary driving licence under section 35A, the Director General shall give the person concerned a notice in writing notifying that person of the suspension or revocation, as the case may be, and shall require that person to surrender the driving licence within twenty-one days from the date of service of such notice.
(2) At the end of the period of suspension under subsection 35(1), a driving licence surrendered to the Director General under subsection (1) shall be returned to the holder and the points awarded against him, if any, shall be cancelled.
(3) Notwithstanding this section, when a person's driving licence is suspended or revoked under section 35 or 35A, the Director General may refuse or suspend any dealing or transaction applicable to that person under this Act.
[37. Subs. Act A1512:s.9]
38 Licensing of Motor Drivers-38. Surrender and return of driving licence.
(1) The Director General shall, upon suspending or revoking a driving licence under section 35 or 35A, require such licence to be surrendered to him.
[Am. Acts A878, A973, A1101]
(2) Any person whose driving licence has been suspended or revoked under section 35 or 35A shall forthwith surrender the driving licence to the Director General.
[Am. Act A973]
(3) At the end of a period of suspension, a driving licence, surrendered to the Director General under section 35, shall be returned to the holder thereof and the points awarded against him if any, shall be cancelled.
[Am. Act A973]
(3A) The provisions of subsections (1), (2) and (3) in relation to the surrender of a suspended driving licence shall not apply to a driving licence incorporated in a multipurpose electronic card or device.
[Ins. Act A1101]
<39 Driving and Offences in Connection Therewith.-39. Restriction on driving by young persons.
(1) No person under sixteen years of age shall drive a motor vehicle on a road.
(2) No person under seventeen years of age shall drive a motor vehicle other than a motor cycle or an invalid carriage on a road.
(3) No person under twenty-one years of age shall drive a tractor heavy, tractor light, mobile machinery heavy, mobile machinery light, motor car heavy or public service vehicle on a road:
Provided that where a tractor is used solely as a prime mover for machinery or implements used in the cultivation of land, a person over eighteen years of age, who is licensed to drive motor cars, may drive such tractor on a road for the purpose of moving it from one cultivation area to another.
(4) A person prohibited by this section by reason of his age from driving a motor vehicle or a motor vehicle of any class shall for the purposes of this Part be disqualified from holding or obtaining any driving licence other than a licen
40 Driving and Offences in Connection Therewith.-40. Exceeding speed limit.
(1) If any person drives a motor vehicle at a speed exceeding any speed limit imposed for such motor vehicle under the powers conferred by this Act he shall be guilty of an offence and shall on conviction be liable to a fine of not less than three hundred ringgit and not more than two thousand ringgit.
(2) The court shall, unless for any special reasons it thinks fit to order otherwise, order particulars of any finding of guilt under this section to be endorsed on any driving licence held by the person convicted.
(3) A first or second conviction for an offence under this section shall not under the offender liable to be disqualified from holding or obtaining a driving licence for a longer period than in the first conviction, one month or, in the case of a second conviction, six months.
41 Driving and Offences in Connection Therewith.-41. Causing death by reckless or dangerous driving.
(1) Any person who, by the driving of a motor vehicle on a road recklessly or at a speed or in a manner which having regard to all the circumstances (including the nature, condition and size of the road, and the amount of traffic which is or might be expected to be on the road) is dangerous to the public, causes the death of any person shall be guilty of an offence and shall on conviction be punished with imprisonment for a term of not less than five years and not more than ten years and a fine of not less than twenty thousand ringgit and not more than fifty thousand ringgit and, in the case of a second or subsequent conviction, with imprisonment for a term of not less than ten years and not more than fifteen years and a fine of not less than fifty thousand ringgit and not more than one hundred thousand ringgit.
[Am. Act A1618]
(2) The court shall order particulars of any conviction under this section to be endors
42 Driving and Offences in Connection Therewith.-42. Reckless and dangerous driving.
(1) Any person who drives a motor vehicle on a road recklessly or at a speed or in a manner which having regard to all the circumstances (including the nature, condition and size of the road and the amount of traffic which is or might be expected to be on the road) is dangerous to the public shall be guilty of an offence and shall on conviction be punished with imprisonment for a term not exceeding five years and to a fine of not less than five thousand ringgit and not more than fifteen thousand ringgit and, in the case of a second or subsequent conviction, to imprisonment for a term not exceeding ten years and to a fine of not less than ten thousand ringgit and not more than twenty thousand ringgit.
[Am. Act 1065]
(2) The court shall order particulars of any conviction under this section to be endorsed on any driving licence held by the person convicted.
(3) A person convicted under this section shall be
43 Driving and Offences in Connection Therewith.-43. Careless and inconsiderate driving.
(1) A person who drives a motor vehicle on a road without due care and attention or without reasonable consideration for other persons using the road shall be guilty of an offence and shall on conviction be punished with a fine of not less than five thousand ringgit and not more than ten thousand ringgit and shall also be liable to imprisonment for a term not exceeding twelve months and, in the case of a second or subsequent conviction, with a fine of not less than ten thousand ringgit and not more than fifteen thousand ringgit and shall also be liable to imprisonment for a term not exceeding twelve months.
[(1) Am. Act A1618:s.5]
(2) The court shall, (unless for any special reason it thinks fit to order otherwise), order particulars of any conviction under this section to be endorsed on any driving licence held by the person convicted.
(3) On a second or subsequent conviction under this section, the court
44 Driving and Offences in Connection Therewith.-44. Driving while under the influence of intoxicating liquor or drugs.
Any person who, when driving a motor vehicle on a road or other public place:
(a) is under the influence of intoxicating liquor or drug, to such an extent as to be incapable of having proper control of the motor vehicle; or
(b) has so much alcohol in his body that the proportion of it in his breath, blood or urine exceeds the prescribed limit,
and causes the death of any person shall be guilty of an offence and shall, on conviction, be punished with imprisonment for a term of not less than ten years and not more than fifteen years and a fine of not less than fifty thousand ringgit and not more than one hundred thousand ringgit and, in the case of a second or subsequent conviction, with imprisonment for a term of not less than fifteen years and not more than twenty years and a fine of not less than one hundred thousand ringgit and not more than one hundred and fifty thousand ringgit.
45 Driving and Offences in Connection Therewith.-45. Being in charge of motor vehicle when under the influence of intoxicating liquor or drugs.
(1) Any person who when in charge of a motor vehicle which is on a road or other public place, but not driving the vehicle, is unfit to drive in that he is under the influence of intoxicating liquor or of a drug to such an extent as to be incapable of having proper control of a motor vehicle, shall be guilty of an offence and shall on conviction be punished with a fine of not less than one thousand ringgit and not more than five thousand ringgit, and shall also be liable to imprisonment for a term not exceeding two years and, in the case of a second or subsequent conviction, with a fine of not less than five thousand ringgit and not more than ten thousand ringgit and shall also be liable to imprisonment for a term not exceeding five years:
[(1) Am. Act A1618:s.7]
Provided that a person shall be deemed for the purpose of this section not to have been in charge of a motor vehicle if he proves-
45A Driving and Offences in Connection Therewith.-45A. Driving or being in charge of a motor vehicle with alcohol concentration above prescribed limit.
(1) Any person who, when driving or attempting to drive a motor vehicle or when in charge of a motor vehicle on a road or other public place, has so much alcohol in his body that the proportion of it in his breath, blood or urine exceeds the prescribed limit, shall be guilty of an offence and shall on conviction be punished with imprisonment for a term not exceeding two years and a fine of not less than ten thousand ringgit and not more than thirty thousand ringgit and, in the case of a second or subsequent conviction, with imprisonment for a term not exceeding five years and a fine of not less than twenty thousand ringgit and not more than fifty thousand ringgit.
[Am. Act A1618]
(2) It is a defence or a person charged with an offence under subsection (1) to prove that at the material time the circumstances were such that there was no likelihood of his driving the vehicle whilst the proportion of alcohol in his br
45B Driving and Offences in Connection Therewith.-45B. Breath test.
[Ins. Act A878]
(1) Where a police officer in uniform has reasonable cause to suspect:
(a) that a person has committed an offence under section 44 or 45 involving intoxicating liquor or under section 45A: or
(b) that a person was the driver of or attempted to drive or was in charge of a motor vehicle in an accident involving one or more vehicles on a road or other public place,
he may, subject to section 45D require that person to provide a specimen of breath for a breath test.
(2) A person may be required under subsection (1) to provide a specimen either at or near the place where the requirement is made or, if the requirement is made under paragraph (b) of subsection (1) and the police officer making the requirement thinks fit, at a police station specified by the police officer.
(3) A breath test required under subsection (1) shall be
45C Driving and Offences in Connection Therewith.-45C. Provision of specimen for analysis.
(1) In the course of an investigation whether a person has committed an offence under section 44 or 45 involving intoxicating liquor or under section 45A a police officer may, subject to the provisions of this section and to section 45D, require him:
(a) to provide two specimens of breath for analysis by means of a prescribed breathanalyser; or
(b) to provide a specimen of blood or urine for a laboratory test,
notwithstanding that he has been required to provide a specimen of breath for a breath test under subsection (1) of section 45B.
(2) A requirement under this section to provide a specimen of breath can only he made at a police station.
(3) A breath test under this section shall only be conducted by a police officer not below the rank of sergeant or by an officer in charge of a police station and shall only be conducted at a police station.
(4) A requireme
45D Driving and Offences in Connection Therewith.-45D. Protection of hospital patient.
(1) A person who is at a hospital as a patient shall not be required to provide a specimen for a breath test or to provide a specimen of blood or urine for a laboratory test unless the registered medical practitioner in immediate charge of his case authorises it and the specimen is to be provided at the hospital.
[Am. Act A1065]
(2) The registered medical practitioner referred to in subsection (1) shall not authorise a specimen to be taken where it would be prejudicial to the proper care and treatment of the patient.
[Am. Act A1065]
45E Driving and Offences in Connection Therewith.-45E. Detention.
(1) A person required to provide a specimen of breath, blood or urine may thereafter be detained at a police station until it appears to a police officer that were that person then driving or attempting to drive a motor vehicle on a road, he would not be committing an offence under section 44 or 45 involving intoxicating liquor or under section 45A, but such period of detention shall not exceed twenty-four hours.
(2) A person shall not be detained in pursuance of this section if it appears to a police officer that by reason of his condition there is no likelihood of his driving or attempting to drive a motor vehicle.
45F Driving and Offences in Connection Therewith.-45F. Evidence in proceedings for an offence under sections 44 and 45 involving intoxicating liquor and section 45A.
(1) In proceedings for an offence under section 44 or 45 involving intoxicating liquor or in proceedings for an offence under section 45A, evidence of the proportion of alcohol in a specimen of breath, blood or urine provided by the accused shall be taken into account and it shall be assumed that the proportion of alcohol in the accused's breath, blood or urine at the time of the alleged offence was not less than in the specimen; but the assumption shall not be made if the accused proves:
(a) that he consumed alcohol after he had ceased to drive, attempt to drive or be in charge of a motor vehicle on a road or other public place and before he provided the specimen; and
(b) that had he not done so the proportion of alcohol in his breath, blood or urine would not have exceeded the prescribed limit and, if the proccedings are for an offence under section 44 or 45 involving intoxicating liquor, would not have
45G Driving and Offences in Connection Therewith.-45G. Interpretation of sections 44 and 45B to 45F.
(1) For the purposes of sections 44 and 45B to 45F:
[Am. Act A1065]
"breath test" includes a preliminary test for the purpose of obtaining, by means of a prescribed breathanalyser, an indication whether the proportion of alcohol in a person's breath, blood or urine equals or exceeds the prescribed limit;
[Am. Act A973]
"fail" includes refuse;
"police station" includes any place or conveyance authorized or appointed by the Inspector General of Police to be used as a police station;
"prescribed limit" means:
(a) 22 microgrammes of alcohol in 100 millilitres of breath;
(b) 50 milligrammes of alcohol in 100 millilitres of blood; or
(c) 67 milligrammes of alcohol in 100 millilitres of urine.
["prescribed limit" Subs. Act A1618:s.11]
(2) A person does
46 Driving and Offences in Connection Therewith.-46. Driving when suffering from disease or disability.
If any person drives a motor vehicle when he is to his knowledge suffering from any disease or disability calculated to cause his driving of such motor vehicle to be a source of danger to the public, he shall be guilty of an offence and shall on conviction be liable to a fine not exceeding one thousand ringgit or to imprison merit for a term not exceeding three months or to both.
47 Driving and Offences in Connection Therewith.-47. Riding on running boards and obstruction of driver.
If any person driving or in charge of a motor vehicle causes or permits any person to be carried on the running board, or otherwise than within the body of the vehicle, or causes or permits any person to stand or to sit, or anything to be placed or to be carried, in a motor vehicle in such a manner or in such a position as to hamper the driver in his control of the vehicle, or as to cause danger to other persons using the road, he shall be guilty of an offence.
48 Driving and Offences in Connection Therewith.-48. Obstruction by vehicle on road.
If any driver of a motor vehicle causes or permits such motor vehicle to remain at rest on any road in such a position or in such a condition or in such circumstances as to be likely to cause danger, obstruction or undue inconvenience to other users of the road or to traffic, he shall be guilty of an offence.
49 Driving and Offences in Connection Therewith.-49. Pillion riding.
(1) It shall not be lawful for more than one person in addition to the driver to be carried on any two wheeled motor cycle nor shall it be lawful for any such one person to be so carried otherwise than sitting astride the motor cycle behind the driver on a properly designed seat securely fixed to the motor cycle.
(2) If any person uses a motor cycle in contravention of this section, he and any person so carried on the motor cycle shall he guilty of an offence.
50 Driving and Offences in Connection Therewith.-50. Unlawful interference and importuning.
(1) If any person, otherwise than with lawful authority or reasonable cause, takes or retains hold of, or gets into a motor vehicle while it is in motion on any road, for the purpose of being drawn or carried, he shall be guilty of an offence.
(2) If, while a motor vehicle is on a road or in a parking place, any person otherwise than with lawful authority or reasonable cause gets onto or moves the motor vehicle, or releases or tampers with any brake or other part of its mechanism, he shall be guilty of an offence.
(3) If any person, otherwise than with lawful authority, remains on any road or at any parking place for the purpose of importuning any other person in respect of the watching or cleaning of a motor vehicle, or for the purpose of directing any driver of a motor vehicle in respect of parking on such road or at such place, he shall be guilty of an offence.
51 Driving and Offences in Connection Therewith.-51. Taking motor vehicle without consent of registered owner.
(1) Any person who takes and drives away any motor vehicle without having either the consent of the owner thereof or other lawful authority shall be guilty of an offence and shall on conviction be liable to a fine not exceeding two thousand ringgit or to imprisonment for a term not exceeding six months or to both:
Provided that no person shall be convicted under this section if he satisfies the court either that he acted in the reasonable belief that he had lawful authority or that the owner would in the circumstances of' the case have given his consent if he had been asked therefor.
(2) If, on the trial of any person for the theft of a motor vehicle, the court is of the opinion that the accused was not guilty of such offence but was guilty of an offence under this section, the court may convict the accused under this section.
52 Driving and Offences in Connection Therewith.-52. Duty to stop in case of accidents.
(1) If in any case, owing to the presence of a motor vehicle on a road, an accident occurs, the driver of the motor vehicle shall stop and, if required so to do by any person having reasonable grounds for so requiring, give his name and address and also the name and address of the owner and the registration number of the motor vehicle.
(2) In the case of any such accident as aforesaid the driver of such motor vehicle and, if there is more than one motor vehicle, the driver of each such motor vehicle, shall report the accident at the nearest police station as soon as reasonably practicable and in any case within twenty-four hours of such occurrence, and shall produce to the officer in charge of such police station his driving licence and if so required the certificate of insurance issued under section 90 of this Act.
(3) In the case of any such accident as aforesaid the driver of any such motor vehicle shall render such assistance as may
53 Driving and Offences in Connection Therewith.-53. Power to order appearance in court.
(1) Where a police officer, a traffic warden or a road transport officer has reasonable grounds for believing that any person committed an offence against this Act, he may, in lieu of applying to the court for a summons, forthwith serve upon that person a notice in the prescribed form ordering that person to appear before the nearest court of a Magistrate having jurisdiction to try the offence, at a time and date to be stated in such notice.
(2) If any person who is served with a notice as provided by subsection (1) fails to appear in person or by counsel, then, unless it appears that it was not reasonably possible for that person so to appear, the court may, if satisfied that the notice was served, issue a warrant for the arrest of that person unless in the case of a compoundable offence, that person has within the period specified in the notice, been permitted to compound the offence.
53A Driving and Offences in Connection Therewith.-53A. Notice of camera-recorded offences.
(1) Notwithstanding anything contained in this Act, where a registered owner of a motor vehicle is alleged or is suspected to be guilty of a camera-recorded offence, a police officer or road transport officer may in lieu of applying to the court for a summons, as soon as reasonably practicable serve a notice upon the registered owner of the motor vehicle ordering him to appear before the nearest Magistrate court having jurisdiction to try the offence, at a time and date to be stated in such notice.
[(1) Am. Act A1512:s.11]
(2) If a registered owner of a motor vehicle who is served with a notice under subsection (1) fails to appear in person or by counsel, then, unless it appears that it was not reasonably possible for that register owner so to appear, the court may, if satisfied that the notice was served, issue a warrant for the arrest of the registered owner unless in the case of a compoundable offence, the regi
53B Driving and Offences in Connection Therewith.-53B. Duty to produce name and address of driver.
(1) A registered owner of a motor vehicle who:
(a) is served with a notice under section 53A in respect of a camera-recorded offence; and
(b) was not a driver of the vehicle to which the camera-recorded offence relates at the time the offence was committed,
shall, within thirty days from the date of the service of the notice, supported by letter to the authority issuing the notice, produce the name and address of the driver of the motor vehicle at the time the offence was committed.
(2) A registered owner of a motor vehicle who is served with a notice in respect of a camera-recorded offence shall be deemed to be not guilty if:
(a) that registered owner complies with subsection (1) relating to the offence; and
(b) the authority issuing the notice is satisfied that the registered owner did not know and could not with reasonable dili
53C Driving and Offences in Connection Therewith.-53C. Duty not to give, publish or disclose information on camera-recorded offence.
(1) Any person who, for any reason, has by any means access to any information on camera-recorded offence shall not give, publish or otherwise disclose to any other person such information unless the disclosure is required or authorized:
(a) under this Act or rules made under this Act;
(b) under any other written law;
(c) by any court; or
(d) for the performance of his functions or the exercise of his powers under this Act or rules made under this Act.
(2) For the purpose of this section, "information on camera-recorded offence" means any recorded image, data, record, correspondence or any document whatsoever or material or information relating to a camera-recorded offence.
(3) Any person who contravenes subsection (1) shall be guilty of an offence and shall on conviction be liable to a fine not more than fifty thousand ringgit or to imprisonm
54 Driving and Offences in Connection Therewith.-54. Application to micromobility vehicle users of provisions relating to certain driving offences.
[Shoulder note Am. Act A1618:s.12]
(1) Subsections 41(1), 42(1), 43(1), 44(1), 44(1A), 45A(1), 45B(4), 45B(5) and 45C(6) with the omission of the reference to attempting to drive shall, subject to this section, apply to persons using micromobility vehicles not being motor vehicles, as they apply to drivers of motor vehicles, and references in those provisions to motor vehicles, drivers and driving shall be construed accordingly.
[(1) Am. Act A1618:s.12]
(2) The maximum penalties which may be imposed on a conviction by virtue of this section shall be as follows:
(a) in the case of a conviction under section 41, 42, 44, 45A, 45B or 45C, a fine of not less than one thousand ringgit and not more than five thousand ringgit and shall also be liable to imprisonment for a term not exceeding twelve months;
[(a) Subs. Act A1618:s.12]
55 Driving and Offences in Connection Therewith.-55. Duty to stop vehicles on demand.
Any person driving a motor vehicle on a road shall stop the motor vehicle on being so required by a police officer in uniform, a traffic warden in uniform or a road transport officer in uniform, and if he fails so to do he shall be guilty of an offence.
56 Licensing of Drivers and Conductors of Public Service Vehicles, Employees Vehicles, Goods Vehicles and Excursion Buses-56. Vocational licences.
(1) No person shall drive or act as a conductor of a public service vehicle on a road unless he holds a vocational licence granted under this Part for those purposes, and no registered owner of a public service vehicle or other person shall employ or permit any person who is not licensed to drive or act as a conductor of a public service vehicle while it is being used for the carriage of passengers for hire or reward on a road.
(2) The Director shall not issue a vocational licence unless he is satisfied that-
(a) in the case of a licence to drive, the applicant is over the age of twenty-one;
(b) in the case of a licence to act as a conductor, the applicant is over the age of eighteen;
(c) the applicant is not a person holding a learner's driving licence or a probationary driving licence;
(d) in the case of an applicant who is a self-employed person, the applicant i
57 Licensing of Drivers and Conductors of Public Service Vehicles, Employees Vehicles, Goods Vehicles and Excursion Buses-57. Vocational licence of goods vehicles, employees vehicles and excursion buses.
(1) Section 56 shall apply to such goods vehicles, employees vehicles and excursion buses as the Minister may prescribe, as they apply to public service vehicles.
(2) For the purposes of subsection (1), references in section 56 to "public service vehicle" shall be construed as references to the said goods vehicles, employees vehicles or excursion buses and the words "for the carriage of passengers for hire or reward" appearing in subsection 56(1) shall be disregarded.
(3) Notwithstanding subsections (1) and (2) and subsection 56(2), the vocational licence for goods vehicles in respect of a motorcycle may be issued to the applicant under the age of twenty-one and over the age of eighteen.
[Subs. by Act 1684]
58 Miscellaneous-58. Duty to produce driving licence and certificate of insurance.
(1) Any person in charge of a motor vehicle on a road shall, on being so required by any police officer, any traffic warden or any road transport officer, produce the certificate of insurance issued in respect of the vehicle under section 90:
Provided that no person shall be convicted of an offence against this section by reason only of his failure to produce the certificate of insurance if, within five days after being so required, he produces it at such police station as may be specified by him at the time of such requirement.
(2) Any person in charge of a motor vehicle on a road shall, on being so required by any police officer, any traffic warden or any road transport officer, produce his driving licence for inspection by such officer:
Provided that no person shall be convicted of an offence against this section by reason of his failure to produce his driving licence which is incorporated in a multipurpose electronic card or
59 Miscellaneous-59. Power to test and prohibit use of vehicles.
(1) Any road transport officer, authorised by the Director General in writing in that behalf, may enter and inspect any motor vehicle in use and for that purpose may require any motor vehicle to be stopped, and may detain any motor vehicle during such time as is required for the inspection, and may require the driver of such motor vehicle to drive it to another place for the purpose of such inspection and may carry out or cause to be carried out, at the expense of the owner, all such tests and examinations as he considers desirable or necessary to ensure that the requirements as to construction, equipment and use prescribed by this Act have been complied with in respect of the motor vehicle:
Provided that no motor vehicle shall be detained under this section for a period exceeding forty-eight hours or such longer period as the Director General may by writing authorise in any particular case.
(2) If, on such inspection it appears to such
60 Miscellaneous-60. Power to detain vehicles for inspection.
(1) If any police officer in uniform has reason to believe that the provisions as to construction, equipment and use prescribed by this Act have not been complied with in respect of any motor vehicle, he may require such vehicle to be stopped and may require the driver of such vehicle to drive it to some other place, and the vehicle may, if necessary, be detained by any police officer not below the rank of sergeant or any police officer in charge of a police station for the purpose of inspection by a police officer or a road transport officer or a person licensed to carry out inspection under this Act for the purpose of ensuring that such provisions have been complied with:
Provided that no motor vehicle shall be detained under this section for a period exceeding forty-eight hours.
(2) If, on such inspection, it appears to a road transport officer that, by reason of any defects therein, being defects which are prescribed by rules as ser
61 Miscellaneous-61. Power to order production of motor vehicle and licence.
(1) A Chief Police Officer or a road transport officer authorised in that behalf by the Director General, may by notice in writing, require the registered owner of a motor vehicle to produce for inspection, at the expense of the registered owner, at such convenient time and place as may be specified in such notice, such motor vehicle and the licence and registration certificate relating thereto, and such registered owner shall produce such vehicle, licence and registration certificate in accordance with the terms of such notice.
(2) Such notice may be served upon the registered owner or to his servant or agent or may be sent by registered post to the address contained in the register of motor vehicles kept under this Part.
(3) If any registered owner who is required under this section to produce any motor vehicle or licence or registration certificate falls so to do, he shall be guilty of an offence, unless he proves that, owing to a me
62 Miscellaneous-62. Power to enter and search premises.
(1) Any police officer not below the rank of sergeant or any officer in charge of a police station may, for the purpose of examining such motor vehicle, at any time enter any place in which he suspects that a motor vehicle is kept in respect of which he has reason to believe that an offence against this Act has been committed.
(2) Any police officer not below the rank of sergeant or any officer in charge of a police station may, in conducting an investigation into any accident or occurrence whereby death or grievous hurt is caused to any person, in connection with which a motor vehicle is suspected to be concerned, enter any place to search for and examine such motor vehicle.
(3) In this section, "grievous hurt" shall have the same meaning as assigned to it in section 320 of the Penal Code.
63 Miscellaneous-63. Weighing of vehicles.
(1) It shall be lawful for any police officer authorised in writing in that behalf by a Chief Police Officer or a Commissioner of Police, any traffic warden authorised in writing in that behalf by the Dato Bandar or the Perbadanan Putrajaya, any road transport officer authorised in writing in that behalf by the Director General, any officer of the Public Works Department authorised in writing in that behalf by the Director General of Public Works or the State Director of Public Works, or any officer of the Highway Authority Malaysia authorised in writing in that behalf by the Director General to Highway Authority Malaysia, to require the person in charge of any motor vehicle to allow the motor vehicle to be weighed by such officer or any other person authorised to conduct weighing, either laden or unladen, and the weight transmitted to the road by any part of the motor vehicle in contact with the road to be tested and, for that purpose, forthwith to pr
63A Miscellaneous-63A. Weighing of vehicles in-motion.
(1) Notwithstanding section 63, it shall be lawful for a motor vehicle to be weighed by using a computerized or electronic weigh in-motion system installed on any road.
(2) For the purposes of subsection (1), the weight transmitted to the road by any part of the motor vehicle in contact with the road while it is in motion shall be deemed to have been duly weighed under this section.
64 Miscellaneous-64. Power to seize motor vehicle.
(1) When any person is found or is reasonably believed to be using a motor vehicle in contravention of this Act or any order or prohibition made thereunder, or in contravention of the terms of the licence for such motor vehicle, any police officer, any road transport officer authorised in writing in that behalf by the Director General, or the Dato Bandar may, whenever it appears that such motor vehicle or its driver cannot be sufficiently identified or that such action is necessary to cause a discontinuance of the offence, take or cause to be taken or require the person in charge of a motor vehicle to take such motor vehicle to a place of safety, there to be kept until released by order of a Magistrate, Chief Police Officer, a Director, a Deputy Director authorized in writing in that behalf by the Director General, or the Dato Bandar, provided and subject to subsection (3), such motor vehicle shall not be detained longer than is necessary to ascertain
65 Miscellaneous-65. Removal of broken down and abandoned vehicles.
(1) A police officer, a road transport officer, the Dato Bandar, the Perbadanan Putrajaya, the Mayor of a City Council, the President of a Municipal Council, the Chairman of a Municipal Council or the Director General of Highway Authority Malaysia or the concession company duly authorised in writing by the Director General of Highway Authority Malaysia may require the owner, driver or other person in control or in charge of any motor vehicle which has, as a result of an accident or any other cause, broken down or has been permitted to remain at rest on a road in such position or in such condition as is likely to cause obstruction, danger or inconvenience to other persons using the road, to move or cause to be moved such motor vehicle from such road to any other road or any such position or place as may be specified.
[(1) Am. Act A1512:s.12; Am. Act A1585:s.9]
(2) Any person who fails to comply when required to mov
66 Miscellaneous-66. Rules.
(1) The Minister may make rules for any purpose for which rules may be made under this Part and for prescribing anything which may be prescribed under this Part and generally as to the construction, maintenance, use, age and equipment of motor vehicles and the conditions under which they may be used, and otherwise for the purpose of carrying this Part into effect and in particular, but without prejudice to the generality of the foregoing provisions, may make rules:
(a) to regulate the width, height, wheel base, length, overhang and axle weight of motor vehicles and the load carried thereby; the diameter of wheels and their width; the nature and conditions of tyres; and to prohibit the use of any wheels, tracks or tyres likely to cause damage to roads;
(b) to control, in connection with the use of motor vehicles, the emissions of smoke, oily substance, ashes, water, steam, visible vapour, noxious fumes, sparks, cinders, gas
66A PART IIA PERIODIC INSPECTION OF MOTOR VEHICLES-66A. Inspection certificates required for certain motor vehicles.
(1) No person shall use or cause or permit to be used a motor vehicle belonging to the class or category of motor vehicles required to undergo periodic inspection under this Part unless there is in force an inspection certificate issued under this Part in respect of the motor vehicle.
(2) Any person who contravenes subsection (1) shall be guilty of an offence and shall on conviction be liable to a fine not less than three hundred ringgit and not more than five thousand or to imprisonment for a term not exceeding five years or to both.
66B PART IIA PERIODIC INSPECTION OF MOTOR VEHICLES-66B. Vehicles required to undergo periodic inspection.
(1) The Minister may by rules specify the class or category of vehicles which is required to undergo periodic inspection under this Part for the purpose of determining that the vehicles comply with the requirements as to construction, equipment and use and the frequency of such inspection in respect of a particular class or category of vehicles.
(2) This section shall not apply to a motor vehicle which has been laid up under section 15.
66C PART IIA PERIODIC INSPECTION OF MOTOR VEHICLES-66C. Issuance and refusal of inspection certificate.
(1) If, upon inspection, a motor vehicle is found to comply with the requirements as to construction, equipment and use of a motor vehicle, the person licensed to carry out inspection under this Act shall issue an inspection certificate in respect of that motor vehicle specifying that the motor vehicle has passed the inspection on the date of the inspection.
(2) Where an inspection certificate is refused, the person licensed to carry out inspection under this Act shall specify the grounds for the refusal.
(3) A person aggrieved by the refusal may appeal to the Director General, and on such appeal, the Director General shall cause a re-inspection to be carried out at the expense of the aggrieved person and thereafter may cause to be issued or refuse to issue an inspection certificate.
(4) The decision of the Director General under subsection (3) shall be final.
66D PART IIA PERIODIC INSPECTION OF MOTOR VEHICLES-66D. Display of inspection certificate.
(1) Every inspection certificate issued under section 66C shall be fixed to and exhibited on the motor vehicle in respect of which it is issued in such manner and subject to such conditions as may be prescribed.
(2) No person shall (either by writing, drawing or in any other manner) alter, deface, mutilate or add anything to any inspection certificate, nor shall any person exhibit on any motor vehicle any inspection certificate which has already been altered, defaced, mutilated or added to as aforesaid, or upon which the figures or particulars have been illegible or of which the colour has become altered, by fading or otherwise, nor shall any person exhibit any colourable imitation of any such certificate.
(3) Any person who contravenes this section shall be guilty of an offence.
66DA PART IIA PERIODIC INSPECTION OF MOTOR VEHICLES-66DA. Recognition of inspection certificates of other countries.
An inspection certificate issued under the corresponding provisions of any law in force in any country which is a party to a treaty to which Malaysia is also a party and which purports to recognize domestic inspection certificates issued by the contracting countries shall, so long as such certificate remains in force in that country, be deemed to be an inspection certificate granted under this Part.
[Ins. Act A1101]
66E PART IIA PERIODIC INSPECTION OF MOTOR VEHICLES-66E. Only person licensed may inspect.
(1) No person other than a person licensed to carry out inspection under this Act may inspect a motor vehicle.
(2) Any person who contravenes this section shall be guilty of an offence and shall on conviction be liable to a fine not exceeding ten thousand ringgit or to imprisonment for a term not exceeding two years or to both.
66F PART IIA PERIODIC INSPECTION OF MOTOR VEHICLES-66F. Employment of examiners.
(1 ) A person licensed to carry out inspection under this Act shall employ persons with the necessary qualification and competency as prescribed in rules as examiners to carry out inspection and to issue inspection certificates.
(2) Any person who contravenes this section shall be guilty of an offence and shall on conviction be liable to a fine not exceeding five thousand ringgit or to imprisonment for a term not exceeding one year or to both.
66G PART IIA PERIODIC INSPECTION OF MOTOR VEHICLES-66G. Rules.
The Minister may make rules for any purpose for which rules may be made under this Part and for prescribing anything which may be prescribed under this Part, and generally for the purpose of carrying this Part into effect, and in particular, but without prejudice to the generality of the foregoing provisions, may make rules with respect to any of the following matters:
(a) to prescribe the nature of and procedure for inspection of motor vehicles;
(b) to prescribe the type of equipment and system to be used for inspection, and the repair, maintenance, calibration and testing of apparatus or equipment for inspection;
(c) to prescribe the form of inspection certificates and to regulate the manner of issuance thereof;
(d) to prescribe the manner in which motor vehicles are to be submitted for inspection;
(e) to regulate the use of a vehicle inspection centre a
66H PART IIB FOREIGN MOTOR VEHICLES-66H. Foreign motor vehicle entry permit.
(1) Any person who drives a foreign motor vehicle into Malaysia through any route, landing place, check point, or point of entry, other than an authorized point of entry, shall apply to the Director General for a foreign motor vehicle entry permit in such manner as the Director General may determine.
(2) Any person who drives a foreign motor vehicle through an authorized point of entry shall produce, upon demand by any road transport officer, any registration certificate, licence, permit or any other similar document issued in respect of such motor vehicle by the proper authority in the country in which it is registered.
(3) If the road transport officer is satisfied that the person who drives a foreign motor vehicle is only making a temporary stay in Malaysia, the officer may, upon payment by the driver of the foreign motor vehicle of a fee as the Director General may determine, grant a foreign motor vehicle entry permit in respect of
66I PART IIB FOREIGN MOTOR VEHICLES-66I. Exemption.
The Minister may, by order published in the Gazette, exempt any motor vehicle or types or classes of motor vehicles from any of the provisions of section 66H, subject to such conditions as he deems fit.
66J PART IIB FOREIGN MOTOR VEHICLES-66J. Outstanding matters relating to foreign motor vehicle.
The Director General or any road transport officer may prohibit the entry or exit from Malaysia of any foreign motor vehicle where in respect of that vehicle there is any outstanding matter relating to any contravention of or offence against this Act, the Commercial Vehicles Licensing Board Act 1987 or the Land Public Transport Act 2010.
66K PART IIB FOREIGN MOTOR VEHICLES-66K. Interpretation of sections 66H, 66I and 66J.
For the purposes of sections 66H, 66I and 66J:
"authorized point of entry" means a point of entry declared as an authorized point of entry under subsection 5(1) of the Immigration Act 1959/63 [Act 155];
"foreign driving licence" means a driving licence issued by the proper authority of a foreign country;
"foreign motor vehicle" means a motor vehicle which is registered by the proper authority of a foreign country.
67 PART III ROADS-67. Interpretation.
For the purposes of this Part, unless the context otherwise requires:
"appropriate authority":
(a) in relation to any road other than a Federal road situated within the area of any local authority, means a local authority declared for the said purpose to be an appropriate authority by the Minister charged with the responsibility for local government after consultation with the appropriate State Government and the Minister charged with the responsibility for works;
(b) in relation to any road, other than a designated Federal Territory road, situated within the Federal Territory of Kuala Lumpur, means the Dato Bandar, and in relation to any other road, other than a designated Federal Territory road, situated within any other Federal Territory, means the President of the Municipality of the Federal Territory;
(c) in relation to any road other than a Federal road situated in a State bu
68 PART III ROADS-68. Highway code.
(1) The Minister shall prepare a code (in this Act referred to as the "highway code") comprising such directions as appear to him to be proper for the guidance of persons using roads and may from time to time revise the code by revoking, varying, amending, or adding to the provisions thereof in such manner as he thinks fit.
(2) The highway code and any alterations proposed to be made in the provisions of the code on any revision thereof shall, as soon as prepared by the Minister, be published in the Gazette.
(3) Failure on the part of any person to observe any provisions of the highway code shall not of itself render that person liable to criminal proceedings of any kind, but any such failure may in any proceedings, whether civil or criminal, be relied on by any party to the proceedings as tending to establish or to negative any liability which is in question in those proceedings.
69 PART III ROADS-69. Speed limits.
(1) The Minister may, by order published in the Gazette , prescribe a national speed limit for all roads in Malaysia.
(1A) Notwithstanding subsection (1), the Minister charged with the responsibility for works may, by order published in the Gazette , prescribe for any highways or any part thereof a speed limit which is lower, or with the concurrence of the Minister, higher than the national speed limit.
(1B) Any person who fails to observe the national speed limit prescribed under subsection (1) or the speed limit prescribed in subsection (1A) shall be guilty of an offence.
(2) Notwithstanding subsection (1), the Minister charged with the responsibility for works in relation to a Federal road, including highways and the appropriate authority in relation to a road other than a Federal road, within the area of such authority, may by order published in the Gazette , prohibit the driving of motor vehicles, or
70 PART III ROADS-70. Power to restrict use of vehicles on specified roads.
(1) The Minister charged with the responsibility for works in relation to a Federal road, and the appropriate authority after consultation with the Director General in relation to a road other than a Federal road, within the area of such authority, may by order published in the Gazette, prohibit or restrict the driving or use of vehicles or of any specified class or description of vehicles on any road or any part thereof specified in the order, in any case in which it appears to such Minister or the appropriate authority, as the case may be, that such vehicles cannot be used, or cannot without restriction be used on that road without endangering the safety of the vehicles, or of the persons therein, or of other persons or vehicles using the road, or that the road is unsuitable for use, or for unrestricted use, by any such vehicles, or is a road on which the prohibition or restriction is necessary or desirable to facilitate repair or reconstruction of s
71 PART III ROADS-71. Power to restrict vehicles.
(1) Without prejudice to section 70, any appropriate authority approved by the Minister may, by order published in the Gazette, prohibit or restrict the driving or use of any class or description of vehicles or vehicles with such number of passengers as may be specified along any road or along roads within the area of the authority.
(2) The prohibition or restriction under subsection (1) may be subject to the payment of fees and in such a case the order shall specify the fees payable and the manner of collection therefor.
(3) This section shall not apply to any congestion pricing scheme or the subject matter of any order which may be made under section 13 of the Land Public Transport Act 2010.
72 PART III ROADS-72. Provision of parking places and stands.
(1) Any appropriate authority or public body may, by order published in the Gazette, provide suitable parking places for vehicles or stands for public service vehicles of goods vehicles in accordance with this Act, and for that purpose may:
(a) utilise any lands which may lawfully be acquired or appropriated for the purpose; or
(b) by such order authorise the use as a parking place or stands for public service vehicles or goods vehicles of any part of a road:
Provided that:
(aa) no such order shall authorise the use of any part of a road so as to unreasonably prevent access to any premises adjoining the road, or the use of the road by any person entitled to the use thereof, or so as to be a nuisance;
(bb) an order under this section relating to a Federal road or affecting public service vehicles or goods vehicles shall not be made without
73 PART III ROADS-73. Reservation of parking place for Diplomatic Missions.
(1) The Minister in relation to a Federal road, and the appropriate authority in relation to a road other than a Federal road, within the area of such authority, may by order, reserve to any accredited Diplomatic Mission any part of any road as a parking place for the vehicle or vehicles of the said Mission.
(2) Subsection (7) of section 72 shall apply to an order made under this section as they apply to an order made under subsection (1) of section 72.
74 PART III ROADS-74. Parking place for disabled persons.
The Minister in relation to a Federal road, and the appropriate authority in relation to a road other than a Federal road, within the area of such authority, may by order, reserve any part of any road as a parking place for the vehicles of disabled persons.
75 PART III ROADS-75. Pedestrian crossings.
(1) Crossings for pedestrians (in this section hereinafter referred to as "crossing") may be established on roads in accordance with this section, and not otherwise.
(2) The Minister, with the concurrence of the Minister charged with the responsibility for works, may make rules with respect to the precedence of vehicles and pedestrians respectively, and generally with respect to the movement of traffic (including pedestrians) at and in the vicinity of a crossing (including rules prohibiting pedestrians on the carriageway within one hundred metres of a crossing), and with respect to the indication of the limits of a crossing by marks on the roadway or otherwise, and to the erection of traffic signs in connection therewith.
(3) Different rules may be made under this section in relation to different traffic conditions and in particular, but without prejudice to the generality of the foregoing, different rules may be made in relation to cro
76 PART III ROADS-76. Duty of pedestrians to comply with traffic directions.
Where a police officer in uniform or a traffic warden in uniform is for the time being engaged in regulating vehicular traffic on a road, any pedestrian who proceeds across or along the carriageway in contravention of a direction to stop given by the officer in the execution of his duty, either to pedestrians or to pedestrians and other traffic, shall be guilty of an offence and shall on conviction be liable to a fine not exceeding five hundred ringgit.
76A PART III ROADS-76A. Authorized left turns.
(1) Notwithstanding a red signal or other traffic sign indicating a place where traffic must stop at any traffic junction, any person driving a motor vehicle on a road may turn left at the traffic junction in accordance with any traffic sign authorizing such left turn that has been lawfully sited on such road after stopping before the marked stop line on the road to ascertain that it is safe to do so.
(2) For the purpose of subsection (1), the Minister may, after consultation with the Minister charged with the responsibility for works, make rules relating to the movement of motor vehicles and pedestrians and the erection of traffic signs at such authorized left turn traffic junctions.
(3) An appropriate authority may, with the approval of the Minister charged with the responsibility for works in relation to a Federal road and designated Federal Territory road, and in any case after consultation with the Chief Police Officer, establish s
77 PART III ROADS-77. Erection of traffic signs.
(1) The Minister charged with the responsibility for works (in this section hereinafter referred to as the "Minister") in relation to any Federal road, and the appropriate authority in relation to any other road, within the area of such authority, may cause or permit traffic signs to be placed on or near such road and may from time to time repair, alter, change or remove the same.
(2) Any police officer or other public officer acting in the course of his duty may cause or permit to be placed and maintained on or near any road any traffic sign which may be necessary or expedient to give effect to any regulations or orders lawfully given or made under any powers conferred upon any police officer or other person by any written law relating to the prohibition, restriction, regulation or control of traffic or the search of vehicles or persons on such road or which may be necessary or expedient to prevent or mitigate congestion or obstruction of traf
78 PART III ROADS-78. Power to set up road-blocks.
(1) Notwithstanding anything contained in any other law, any police officer in uniform authorised in writing by a senior police officer of the rank of inspector and above, including a probationary Inspector, or any road transport officer in uniform authorised in writing by the Director, may, if he considers it necessary so to do for the enforcement of this Act, erect or place or cause to be erected or placed any barrier as prescribed on or across any road in such manner is he may think fit; and any such officer may take all reasonable measures to prevent any vehicle from being driven past any such barrier, including any measure to pursue and stop any such vehicle where, having regard to the attendant circumstances at a given moment of time, it is apparent that if such measure is not taken the escape of such vehicle to avoid detection or otherwise is likely to be imminent.
(2) Any person who fails to comply with any reasonable signal of a police
79 PART III ROADS-79. Penalties for neglect of traffic directions and signs.
(1) Where a police officer in uniform, a road transport officer in uniform or a traffic warden in uniform, is for the time being engaged in regulating traffic on a road, notwithstanding that any traffic sign has been lawfully placed on or near that road, any person driving or propelling any vehicle who fails or neglects to stop the vehicle or to make it proceed in or keep to a particular line of traffic when directed so to do by such police officer, road transport officer or traffic warden, shall he guilty of an offence and shall on conviction be liable to a fine of not less than three hundred ringgit and not more than two thousand ringgit.
(2) Subject to subsection (1) and section 76A, where any traffic sign has been lawfully placed on or near any road, any pedestrian or any person driving or propelling any vehicle, who fails or neglects to conform to the indication given by the sign, shall be guilty of an offence and shall on conviction be li
80 PART III ROADS-80. Ropes, etc., across road.
Any person who for any purpose places or causes to be placed any road hump or any rope, wire, chain, tackle or similar apparatus across a road or any part thereof in such a manner as to be likely to cause danger to persons or damage to vehicles using the road shall, unless he proves that he had a lawful right so to do and that he had taken all necessary means to give adequate warning of the danger, be guilty of ail offence and shall on conviction be liable to a fine not exceeding two thousand ringgit or to imprisonment for a term not exceeding six months or to both.
81 PART III ROADS-81. Restriction on competitions and speed trials.
(1) No competition or trial of speed involving the use of vehicles shall take place on a road without the previous written authority of the Minister in relation to a Federal road, or the appropriate authority in relation to a road other than a Federal road, within the area of such authority.
(2) Any person who promotes, advertises or assists in the management or supervision of any competition or trial of speed which has not been so approved, shall be guilty of an offence and shall on conviction be liable to a fine not exceeding two thousand ringgit or to imprisonment for at term not exceeding six months or to both.
(3) Any person who takes part in, or any driver or person in charge of any vehicle used in any competition or trial of speed which has not been so approved, shall be guilty of an offence, and shall:
(a) in the case of a first conviction, be liable to a fine not exceeding two thousand ringgit or t
82 PART III ROADS-82. Forfeiture of vehicles used in competitions and speed trials.
(1) Where a motor vehicle has been seized by the police under subsection (4) of section 81, and it is proved to the satisfaction of a court that such vehicle has been used in the commission of a second or subsequent offence under subsection (3) of section 81, the court may, on the written application of the Public Prosecutor, make an order for the forfeiture of the vehicle, notwithstanding that no person has been convicted of that offence:
Provided that a copy of the written application of the Public Prosecutor shall be served on the registered owner or any other claimant whose name is endorsed in the registration certificate of such motor vehicle.
(2) An order for the forfeiture or for the release of a vehicle liable to forfeiture under this section, may be made by the court before which the prosecution in respect of a second or subsequent offence under subsection (3) of section 81, has been or will be held.
(3) If there is no
83 PART III ROADS-83. Power to erect refuges, subways and foot-bridges.
The appropriate authority, with the approval of the Minister charged with the responsibility for works, in relation to a Federal road, may:
(a) for the purposes of protecting traffic along a road from danger, or of making the crossing of any road less dangerous to pedestrians, erect, light, maintain, alter and remove places of refuge in the road, construct, maintain, alter and remove road humps on the road and construct, light, maintain. alter, remove and temporarily close subways under the road or foot-bridges for the use of pedestrians;
(b) whenever it considers necessary or desirable for the safety or accommodation of pedestrians, provide proper and sufficient footpaths by the side of roads under its control; and
(c) whenever it considers necessary or desirable for the safety or accommodation of ridden horses and driven livestock, provide adequate grass or other margins by the side of t
84 PART III ROADS-84. Power to remove structures from roads.
(1) Where any structure has been erected or set up on or over a road or on or over a road reserve otherwise than under any written law, the Minister charged with the responsibility for works (in this section hereinafter referred to as "Minister") in relation to a Federal road or of any road reserve bordering on a Federal road, and the appropriate authority in relation to any other road or road reserve, within the area of such authority, may by notice in writing, require the person having control or possession of the structure to remove it within such period as may be specified in the notice or within such extended period as the Minister or appropriate authority, as the case may be, issuing the notice may allow.
(2) If any structure in respect of which a notice has been served under this section is not removed within the time specified in the notice, the Minister or the appropriate authority may remove the structure:
Provided that the po
85 PART III ROADS-85. Construction of access and drains and laying of public utility installations to existing roads.
(1) No person shall:
(a) construct any access road (including paths, driveways or other means of access, whether public or private) to join any road;
(b) construct a drain to join a drain constructed alongside a road;
(c) carry out any works of any description in, upon, over or under any road, unless plans containing details of the layout thereof (including such particulars as may be prescribed) have been submitted to and approved by the Minister charged with the responsibility for works in relation to a Federal road, or the appropriate authority in relation to a road other than a Federal road, and the Minister or the appropriate authority, as the case may be, may refuse such application or allow it on such conditions as he or it may impose.
(2) Where in the opinion of the Minister or the appropriate authority there is:
(a) a likelihood o
85A PART III ROADS-85A. Construction of structures for advertisement, etc.
(1) The Minister charged with the responsibility for works (in this section hereinafter referred to as "Minister") in relation to any road reserve bordering on a Federal road or the appropriate authority in relation to any other road reserve, within the area of such authority, may, subject to subsection (2), if the road reserve is for the time being not being used for the purpose for which it is reserved, grant a right of occupation of the whole or any part of the road reserve to any person for the purpose of erecting structures for advertisement or other public announcement for such duration and on such terms and conditions, including occupancy charges, as the Minister or the appropriate authority may determine.
(2) No such right of occupation may be granted unless plans containing details of the layout of the structure (including such particulars as may be prescribed) have been submitted to and approved by the Minister or the appropriate auth
86 PART III ROADS-86. Restriction of vehicles on bridges.
(1) Where the Minister charged with the responsibility for works in relation to a bridge on a Federal road, or the appropriate authority in relation to any other bridge, within the area of such authority, is satisfied that the bridge is insufficient:
(a) to carry a vehicle the weight of which exceeds a certain maximum weight;
(b) to carry a vehicle the axle weight of which exceeds a certain maximum axle weight; or
(c) to carry a vehicle the weight or the axle weight respectively of which exceeds a certain maximum weight when travelling at more than a certain maximum speed, he or it may, by a conspicuous notice placed in a proper position at each end of the bridge, prohibit the use of the bridge, as the case may be, by it vehicle weighing more than the weight specified in such notice, or by a vehicle the axle weights of which are more than the axle weight specified in such notice when trave
87 PART III ROADS-87. Provisions as to extraordinary traffic.
Where as respects any road it appears that, having regard to the average expense of repairing that road or other similar roads in the neighbourhood, extraordinary expenses have been incurred in repairing that road by reason of the damage caused by excessive weight passing along that road or by other extraordinary traffic thereon, the Government or the appropriate authority which has incurred such expenses may recover from any person by or in consequence of whose order or act the traffic has been carried on or conducted, or from the owner of the vehicles constituting the traffic, the amount of such expenses as may be proved to the satisfaction of the court having cognisance of the case to have been incurred by reason of damage arising from such extraordinary weight or traffic.
88 PART III ROADS-88. Rules.
(1) The Minister may make rules for any purpose for which rules may be made under this Part and for prescribing anything which may be prescribed under this Part, and generally for the purpose of carrying this Part into effect and for regulating traffic on roads and relieving congestion and facilitating the providing for the safety of road users and, without prejudice to the generality of the foregoing provisions, may make rules:
(a) for regulating the number and nature of brakes, including skid pans and locking chains in the case of vehicles drawn by horses or cattle, of any class or description of vehicles when used on roads and for securing that such brakes shall be efficient and kept in proper working order and for empowering persons authorised under the rules to test and inspect any such brakes, whether on a road or elsewhere;
(b) to prohibit the use on roads or on any particular class of roads or on a
88A PART IIIA MOTOR VEHICLE ROAD CHARGE-88A. Interpretation.
For the purposes of this Part, unless the context otherwise requires:
"Authority" means any body, whether corporate or unincorporate, established, appointed or incorporated under any written law;
"authorized point of entry" means a point of entry declared as an authorized point of entry under subsection 5(1) of the Immigration Act 1959/63 [ Act 155 ];
"charge" means the motor vehicle road charge.
[88A. Ins. Act A1265:s.3]
88B PART IIIA MOTOR VEHICLE ROAD CHARGE-88B. Application.
This Part shall apply to motor vehicles registered in any foreign country.
[Am. by Act A1684; Ins. Act A1265:s.3]
88C PART IIIA MOTOR VEHICLE ROAD CHARGE-88C. Motor vehicle road charge.
(1) Subject to the provisions of this Part, there shall be imposed on every motor vehicle entering Malaysia by land through an authorized point of entry a motor vehicle road charge.
(2) The Minister may by order published in the Gazette :
(a) prescribe the types or classes of motor vehicles in respect of which the charges are payable;
(b) prescribe the amount of charges payable; and
(c) specify the mode of payment of the charges and the place at which such payment is to be collected.
(3) The charge imposed under this section shall be paid by the person for the time being driving the motor vehicle.
[88C. Ins. Act A1265:s.3]
88D PART IIIA MOTOR VEHICLE ROAD CHARGE-88D. Power to demand, collect and retain charges.
(1) Any road transport officer authorized in writing by the Director General in that behalf, may demand, collect and retain the charges as prescribed under this Part.
(2) Without prejudice to subsection (1), the Minister may in writing authorize any public officer or Authority to demand, collect and retain the charges as prescribed under this Part, upon such conditions as he deems fit.
(3) Where the Minister has authorized an Authority to demand, collect and retain the charges under subsection (2), it shall be deemed that the officers of the Authority have been duly authorized to demand, collect and retain such charges on behalf of the Authority.
(4) The Minister may revoke any authorization made under subsection (2) without assigning any reasons.
[88D. Ins. Act A1265:s.3]
88E PART IIIA MOTOR VEHICLE ROAD CHARGE-88E. Exemption.
The Minister may by order published in the Gazette exempt any motor vehicle or types or classes of motor vehicles from any of the provisions of this Part, subject to such conditions as he deems fit.
[88E. Ins. Act A1265:s.3]
88F PART IIIA MOTOR VEHICLE ROAD CHARGE-88F. Duty to produce registration certificate, etc.
The person for the time being driving a motor vehicle shall, on being required by the road transport officer, public officer or officer of the Authority as authorized under section 88D, produce any registration certificate, licence, permit or any other similar document issued in respect of such motor vehicle by the proper authority in the foreign country in which it is registered.
[88F. Ins. Act A1265:s.3]
89 PART IV PROVISIONS AGAINST THIRD PARTY RISKS ARISING OUT OF THE USE OF MOTOR VEHICLES-89. Interpretation.
In this Part, unless the context otherwise requires:
"authorised insurer" means a person lawfully carrying on motor vehicle insurance business in Malaysia who is a member of the Motor Insurers' Bureau;
"Motor Insurers' Bureau" means the Motor Insurers' Bureau which has executed an agreement with the Minister of Transport to secure compensation to third party victims of road accidents in cases where such victims are denied compensation by the absence of insurance or of effective insurance;
"policy of insurance" includes a cover note.
90 PART IV PROVISIONS AGAINST THIRD PARTY RISKS ARISING OUT OF THE USE OF MOTOR VEHICLES-90. Motor vehicle users to be insured against third party risks.
(1) Subject to this Part, it shall not be lawful for any person to use or to cause or permit any other person to use, a motor vehicle unless there is in force in relation to the user of the motor vehicle by that person or that other person, as the case may be, such a policy of insurance or such a security in respect of third party risks as complies with the requirements of this Part.
(2) If a person acts in contravention of this section he shall be guilty of an offence and shall on conviction be liable to a fine not exceeding one thousand ringgit or to imprisonment for a term not exceeding three months or to both and a person convicted of an offence under this section shall, unless the court for special reasons to be specified in the order thinks fit to order otherwise and without prejudice to the power of the court to order a longer period of disqualification, be disqualified from holding or obtaining a driving licence under Part II for a peri
91 PART IV PROVISIONS AGAINST THIRD PARTY RISKS ARISING OUT OF THE USE OF MOTOR VEHICLES-91. Requirements in respect of policies.
(1) In order to comply with the requirements of this Part, a policy of insurance must be a policy which:
(a) is issued by a person who is an authorised insurer within the meaning of this Part; and
(b) insures such person, or class of persons as may be specified in the policy in respect of any liability which may be incurred by him or them in respect of the death of or bodily injury to any person caused by or arising out of the use of the motor vehicle or land implement drawn thereby on a road:
Provided that such policy shall not be required to cover:
(aa) liability in respect of the death arising out of and in the course of his employment of a person in the employment of a person insured by the policy or of bodily injury sustained by such a person arising out of and in the course of his employment; or
(bb) except in the case of a motor ve
92 PART IV PROVISIONS AGAINST THIRD PARTY RISKS ARISING OUT OF THE USE OF MOTOR VEHICLES-92. Furnishing of returns and information by insurers.
The Minister may require any authorised insurer to furnish such returns and information relating to the motor vehicle insurance business carried on by the insurer as the Minister may require.
93 PART IV PROVISIONS AGAINST THIRD PARTY RISKS ARISING OUT OF THE USE OF MOTOR VEHICLES-93. Requirements in respect of securities.
(1) In order to comply with the requirements of this Part, a security must:
(a) be given either by an authorised insurer or by some body of persons approved by the Minister after consultation with the Minister of Finance, which carries on in Malaysia the business of giving securities of a like kind; and
(b) consist of an undertaking by the giver of the security to make good, subject to any conditions specified therein and up to an amount, in the case of an undertaking relating to the use of public service vehicles, of not less than two hundred and twenty-five thousand ringgit, and in any other case, of not less than forty-five thousand ringgit, any failure by the owner of the vehicle or such other person or class of persons as may be specified in the security to discharge any such liability as is required to be covered by a policy of insurance under section 91 which may be incurred by him or by them.
<94 PART IV PROVISIONS AGAINST THIRD PARTY RISKS ARISING OUT OF THE USE OF MOTOR VEHICLES-94. Certain conditions in policies or securities to be of no effect.
Any condition in a policy or security issued or given for the purposes of this Part providing that no liability shall arise under the policy or security or that any liability so arising shall cease in the event of some specified thing being done or omitted to be done after the happening of the event giving rise to a claim under the policy or security shall be of no effect in connection with such claims as are mentioned in paragraph (b) of subsection (1) of section 91:
Provided that nothing in this section shall be taken to render void any provision in a policy or security requiring the person insured or secured to repay to the insurer or the giver of the security any sums which the latter may have become liable to pay under the policy or security and which have been applied to the satisfaction of the claims of third parties.
95 PART IV PROVISIONS AGAINST THIRD PARTY RISKS ARISING OUT OF THE USE OF MOTOR VEHICLES-95. Avoidance of restrictions on scope of third party risks policies.
Where a certificate of insurance has been delivered under subsection (4) of section 91 to the person by whom a policy has been effected, so much of the policy as purports to restrict the insurance of the persons insured thereby by reference to any of the following matters:
(a) the age or physical or mental condition of persons driving the motor vehicle;
(b) the condition of the motor vehicle;
(c) the number of persons that the motor vehicle carries;
(d) the weight or physical characteristics of the goods that the motor vehicle carries;
(e) the times at which or the areas within which the motor vehicle is used;
(f) the horse-power or value of the motor vehicle;
(g) the carriage on the motor vehicle of any particular apparatus;
(h) the carriage on the motor vehicle of any particular means of identification o
96 PART IV PROVISIONS AGAINST THIRD PARTY RISKS ARISING OUT OF THE USE OF MOTOR VEHICLES-96. Duty of insurers to satisfy judgements against persons insured in respect of third party risks.
(1) If, after a certificate of insurance has been delivered under subsection (4) of section 91 to the person by whom a policy has been effected, judgement in respect of any such liability as is required to be covered by a policy under paragraph (b) of subsection (1) of section 91 (being a liability covered by the terms of the policy) is given against any person insured by the policy, then notwithstanding that the insurer may be entitled to avoid or cancel, or may have avoided or cancelled the policy, the insurer shall, subject to this section, pay to the persons entitled to the benefit of the judgement any sum payable thereunder in respect of the liability, including any amount payable in respect of costs and any sum payable in respect of interest on that sum by virtue of any written law relating to interest on judgements.
(2) No sum shall be payable by an insurer under subsection (1):
(a) in respect of any judgeme
97 PART IV PROVISIONS AGAINST THIRD PARTY RISKS ARISING OUT OF THE USE OF MOTOR VEHICLES-97. Rights of third parties against insurers.
(1) Where under any policy issued for the purposes of this Part, a person (hereinafter referred to as "the insured") is insured against liabilities to third parties which he may incur then:
(a) in the event of the insured becoming bankrupt or making a composition or arrangement with his creditors; or
(b) in the case of the insured being a company, in the event of a winding-up order being made or a resolution for a voluntary winding-up being passed with respect to the company or of a receiver or manager of the company's business or undertaking being appointed or of possession being taken by or on behalf of the holders of any debentures secured by a floating charge on any property comprised in or subject to the charge,
if either before or after that event any such liability as aforesaid is incurred by the insured, his rights against the insurer under the policy in respect of the liabili
98 PART IV PROVISIONS AGAINST THIRD PARTY RISKS ARISING OUT OF THE USE OF MOTOR VEHICLES-98. Duty to give necessary information to third parties.
(1) Any person against whom a claim is made in respect of any such liability as is required to be covered by a policy under paragraph (b) of subsection (1) of section 91 shall, on demand by or on behalf of the person making the claim, state whether or not he was insured in respect of that liability by any policy having effect for the purposes of this Part or would have been so insured if the insurer had not avoided or cancelled the policy and, if he was or would have been so insured, give such particulars with respect to that policy as were specified in the certificate of insurance delivered in respect thereof under subsection (4) of section 91.
(2) In the event of any person becoming bankrupt or making a composition or arrangement with his creditors or in the event of an order being made under any law relating to bankruptcy in respect of the estate of any person or in the event of a winding-up order being made or a resolution for a voluntary w
99 PART IV PROVISIONS AGAINST THIRD PARTY RISKS ARISING OUT OF THE USE OF MOTOR VEHICLES-99. Settlement between insurers and insured persons.
Where a person who is insured under a policy issued for the purposes of this Part has become bankrupt or where, in the case of such insured person being a company, a winding-up order has been made or a resolution for a voluntary winding-up has been passed with respect to the company, no agreement made between the insurer and the insured after liability has been incurred to a third party and after the commencement of the bankruptcy or winding-up, as the case may be, nor any waiver, assignment or other disposition made by, or payment made to, the insurer after the commencement aforesaid, shall be effective to defeat or affect the rights transferred to the third party under this Act, but those rights shall be the same as if no such agreement, waiver, assignment, disposition or payment had been made.
100 PART IV PROVISIONS AGAINST THIRD PARTY RISKS ARISING OUT OF THE USE OF MOTOR VEHICLES-100. Bankruptcy, etc., not to affect third party claims.
Where a certificate of insurance has been delivered under subsection (4) of section 91 to the person by whom a policy has been effected, the happening in relation to any person insured by the policy, of any such event as is mentioned in subsection (1) or subsection (2) of section 97 shall, notwithstanding anything contained in this Act, not affect any such liability of that person as is required to be covered by a policy under paragraph (b) of subsection (1) of section 91 of this Act, but nothing in this section shall affect any rights against the insurer conferred under sections 97, 98 and 99 on the person to whom the liability was incurred.
101 PART IV PROVISIONS AGAINST THIRD PARTY RISKS ARISING OUT OF THE USE OF MOTOR VEHICLES-101. Further rights of third parties against insurer.
(1) No settlement by an insurer in respect of any claim which might be made by a third party in respect of any such liability as is required to be covered by a policy under paragraph (b) of subsection (1) of section 91 shall be valid unless such third party is a party to such settlement.
(2) A policy issued under this Part shall remain in force and available for third parties, notwithstanding the death of any person insured under paragraph (b) of subsection (1) of section 91 as if such insured person were still alive.
102 PART IV PROVISIONS AGAINST THIRD PARTY RISKS ARISING OUT OF THE USE OF MOTOR VEHICLES-102. Surrender of certificate on cancellation of policy.
(1) Where a certificate of insurance has been delivered under subsection (4) of section 91 to the person by whom a policy has been effected and the policy is cancelled by mutual consent or by virtue of any provision in the policy, the person to whom the certificate was delivered shall, within seven days from taking effect of the cancellation, surrender the certificate to the insurer or, if it has been lost or destroyed, make a statutory declaration to that effect, and if he fails so to do he shall be guilty of an offence.
(2) Where a policy has not been issued following the issue of a cover note, or a policy has been cancelled, transferred to another person or altered to cover the insured vehicle for use for a purpose other than that for which it was originally issued, it shall be the duty of the insurer forthwith to inform the Director by whom the vehicle insured by such policy or cover note was registered, and if he fails so to do he shall be
103 PART IV PROVISIONS AGAINST THIRD PARTY RISKS ARISING OUT OF THE USE OF MOTOR VEHICLES-103. Production of certificates.
(1) It shall be the duty of the owner of a motor vehicle to give such information as he may be required by or on behalf of a Chief Police Officer or a Director to give the purpose of determining whether the motor vehicle was or was not being driven in contravention of section 90 on any occasion when the driver was required under section 58 to produce his certificate within five days, and if the owner fails so to do he shall be guilty of an offence.
(2) In this section, the expression "produce his certificate" means produce for examination the relevant certificate of insurance or certificate of security or such other evidence that the motor vehicle is not or was not being driven in contravention of section 90 as may be prescribed.
104 PART IV PROVISIONS AGAINST THIRD PARTY RISKS ARISING OUT OF THE USE OF MOTOR VEHICLES-104. Insurer to be notified of any occurrence.
It shall be the duty of the insured to notify the insurer as soon as possible of the occurrence of any event which may give rise to a claim under a policy.
105 PART IV PROVISIONS AGAINST THIRD PARTY RISKS ARISING OUT OF THE USE OF MOTOR VEHICLES-105. Deposits.
If any sum is deposited by any person under or as a condition of approval by the Minister under section 91 or section 93, no part of such sum shall, so long as any liabilities being such liabilities as are required to be covered by a policy of insurance under this Part which have been incurred by him have not been discharged or otherwise provided for, be applicable in discharge of any other liabilities incurred by him.
106 PART IV PROVISIONS AGAINST THIRD PARTY RISKS ARISING OUT OF THE USE OF MOTOR VEHICLES-106. Application of this Part to securities.
This Part shall apply, in relation to securities having effect for the purposes of this Part, as they apply in relation to policies of insurance, and in relation to any such security as aforesaid, references in the said provisions to being insured, to a certificate of insurance, to an insurer and to persons insured shall be construed respectively as references to the having in force of the security, to the certificate of security, to the giver of the security and to the persons whose liability is covered by the security.
107 PART IV PROVISIONS AGAINST THIRD PARTY RISKS ARISING OUT OF THE USE OF MOTOR VEHICLES-107. Rules.
The Minister may make rules for prescribing anything which may be prescribed under this Part and generally for the purpose of carrying this Part into effect, and in particular but without prejudice to the generality of the foregoing provisions may make rules:
(a) to prescribe the forms to be used for the purposes of this Part;
(b) as to applications for and the issue of certificates of insurance and any other documents which may be prescribed, and as to the keeping of records of documents and the furnishing of particulars thereof, or the giving of information with respect thereto, to the Minister, a Chief Police Officer or the Director General;
(c) as to the issue of copies of any such certificates or other documents which are lost or destroyed;
(d) as to the custody, production, cancellation and surrender of any such certificates or other documents; and
(e)
108 PART V OFFENCES AND MISCELLANEOUS PROVISIONS-108. False statement.
(1) If any person:
(a) for the purpose of obtaining, under the provisions of any Part, the grant of any type or description of licence to himself or to any other person, or the variation of any such licence, or for the purpose of preventing the grant of or variation of any such licence, or of procuring the imposition of any conditions or limitation in relation to any such licence, makes any statement or declaration which to his knowledge is false or incorrect, either in whole or in part, or in any material respect misleading;
(b) for the purpose of obtaining the issue of a certificate of insurance or certificate of security under Part IV, makes any statement which is false or misleading, or withholds any material information, unless he establishes, to the satisfaction of the court, that he acted without any intent to deceive;
(c) furnishes any particulars or documents in connection with th
109 PART V OFFENCES AND MISCELLANEOUS PROVISIONS-109. Liability of registered owner and others.
(1) For the purpose of any prosecution or proceedings under this Act, the registered owner of a motor vehicle shall be deemed to be the owner of that motor vehicle.
(2) Except where otherwise required by this Act, any act or omission by whoever was the driver of a motor vehicle at the material time, shall for the purpose of any prosecution or proceedings under this Act, be deemed to be the act or omission of the registered owner unless he satisfies the court that he took all reasonable steps and precautions to prevent such act or omission:
Provided that this subsection shall not apply to an act or omission of a person in driving a motor vehicle in contravention of sections 41 to 49.
(3) In the event of any act or omission by whoever was the driver of a motor vehicle at the material time, which would have been an offence against this Act if committed by the registered owner, such driver shall also be gu
110 PART V OFFENCES AND MISCELLANEOUS PROVISIONS-110. Penalty for obstruction and interference.
Any person who without lawful authority, by the placing of any vehicle, material or matter of any description on or near a road or by interfering with any drainage constructed alongside any road, obstructs or endangers traffic on the road shall be guilty of an offence and shall on conviction be liable to a fine not exceeding one thousand ringgit.
110A PART V OFFENCES AND MISCELLANEOUS PROVISIONS-110A. [Deleted].
(Deleted by Act A1391:s.37)
111 PART V OFFENCES AND MISCELLANEOUS PROVISIONS-111. Abetment of offences.
(1) Whoever abets the commission of an offence against this Act shall be punishable with the punishment provided for the offence.
(2) Where a person is convicted of abetting the commission of an offence under subsection (1) (being an offence on conviction of which a driving licence granted under Part II might be suspended or endorsed or the defendant be disqualified from holding or obtaining such a licence) and it is proved that he was present in the motor vehicle at the time of the commission of the offence, the offence of which he is convicted shall, for the purposes of that Part relating to endorsements and suspension of licences and disqualifications from holding or obtaining licences, be deemed to be an offence in connection with the driving of a motor vehicle.
112 PART V OFFENCES AND MISCELLANEOUS PROVISIONS-112. Powers of arrest, stopping and detention.
(1) A police officer, road transport officer or traffic warden may arrest without a warrant:
(a) any person who has committed or is suspected of having committed an offence against section 41, 42, 44, 45, 45A, or 50;
(b) any person, not being the driver of a motor vehicle, who within his view commits an offence against this Act other than an offence against any of the sections mentioned in paragraph (a) :
Provided that such person shall not be arrested if he satisfies such officer as to his name and residence in Malaysia, and that he does not intend to abscond;
(c) any person in charge of or driving a motor vehicle who has committed or is suspected of having committed an offence against this Act other than an offence against any of the sections mentioned in paragraph (a) :
Provided that such person shall not be arreste
113 PART V OFFENCES AND MISCELLANEOUS PROVISIONS-113. Powers of the police in investigation.
(1) Every police officer making an investigation under this Act may exercise any or all of the special powers in relation to police investigation in seizable cases conferred on such police officer by Chapter XIII of the Criminal Procedure Code, and sections 112 to 114 of that Code shall apply to statements made by persons examined in the course of such investigation.
(2) Where any offence against this Act is committed or suspected to have been committed within the Federal Territory of Kuala Lumpur or the Federal Territory of Putrajaya, a traffic warden shall have power to require, whether orally or in writing, any person to supply him any information and any person who fails to supply such information or supplies any information which he has reason to believe to be false shall be guilty of an offence.
[Am. Act A1065; Am. Act A1356: s.6]
114 PART V OFFENCES AND MISCELLANEOUS PROVISIONS-114. Powers of road transport officers in investigation.
(1) Every road transport officer making an investigation under this Act shall have the power to require information, whether orally or in writing, from any person supposed to be acquainted with the facts and circumstances of the case under investigation.
(2) Whoever, on being required by a road transport officer to give information under this section, refuses to comply with such request by the officer or furnishes as true, information which he knows or has reason to believe to be false, shall be guilty of an offence and shall on conviction be liable to a fine not exceeding five thousand ringgit or to imprisonment for a term not exceeding one year or to both.
(3) When any such information is proved to be untrue or incorrect in whole or in part, it shall be no defence to allege that such information or any part thereof was misinterpreted, or furnished inadvertently or without criminal or fraudulent intent.
115 PART V OFFENCES AND MISCELLANEOUS PROVISIONS-115. Duty to give information and use of statements as evidence.
(1) Where the driver of a motor vehicle is alleged or is suspected to be guilty of an offence in connection with the driving of the motor vehicle:
(a) the owner of the motor vehicle shall give such information as he may be required by a police officer, traffic warden or road transport officer to give as to the identity and address of the person who was driving the said motor vehicle at or about the time of the alleged offence, and as to the licence or licences held by that person, and if he fails so to do within seven days of the date on which the information was required from him, he shall be guilty of an offence unless he proves, to the satisfaction of the court, that he did not know and could not with reasonable diligence have ascertained the information required; and
(b) any other person who was or should have been in charge of the motor vehicle shall, if so required as aforesaid, give any information
115A PART V OFFENCES AND MISCELLANEOUS PROVISIONS-115A. Duty to give information and power to order appearance in court.
(1) Notwithstanding section 115, if an owner of a motor vehicle is alleged to have committed or is suspected of committing an offence in relation to the driving of a motor vehicle, a police officer, a traffic warden or a road transport officer may, in lieu of applying to the court for a summons, as soon as reasonably practicable serve upon that owner a notice in the prescribed form to his last-known address ordering him to give such information as to the identity and address of the person who was driving the said motor vehicle at or about the time of the alleged offence, and as to the licence held by that person.
(2) If an owner of a motor vehicle who is served with a notice as provided under subsection (1) fails to comply with the notice within fourteen days on which the information was required from, he shall be deemed to be the driver of the motor vehicle at or around the time the offence was committed and shall appear before the nearest cou
116 PART V OFFENCES AND MISCELLANEOUS PROVISIONS-116. [Deleted by Act 1065].
(Deleted by Act A1065:s.24)
116A PART V OFFENCES AND MISCELLANEOUS PROVISIONS-116A. Jurisdiction of Court of First Class Magistrate.
Notwithstanding anything contained in any written law to the contrary, a court of a First Class Magistrate shall have the jurisdiction to try any offence under this Act and to award the full punishment for any such offence.
[Ins. Act 1065]
117 PART V OFFENCES AND MISCELLANEOUS PROVISIONS-117. Provisions as to evidence.
(1) A registration certificate shall be prima facie evidence of the registration of the motor vehicle referred to therein, and of the particulars appearing in the register relating to such motor vehicle and the registered owner thereof.
(2) A copy of any entry in any register required to be kept under this Act, purporting to be signed by or on behalf of the person who, under this Act, is required to keep such register, and certified by or on behalf of such person to be a true copy thereof, shall be evidence of the matters stated in that entry without proof of the signature or authority of the person signing the said entry or the said certificate.
(3) When in any proceedings for an offence against this Act it is necessary to prove:
(a) that a motor vehicle was, or was not, registered in the name of any person;
(b) that any person was, or was not, the registered owner of a motor vehicle; or
117A PART V OFFENCES AND MISCELLANEOUS PROVISIONS-117A. Evidence and records of previous conviction.
[Ins. Act A973]
(1) For the purposes of sentencing under this Act, when it is necessary to prove in any court that the offence for which a person is being convicted is a second or subsequent offence, a certificate purporting to be a record of his previous conviction, signed by:
(a) any road transport officer authorised in writing in that behalf by the Director General; or
(b) any police officer authorised in writing in that behalf by the Chief Police Officer or Commissioner of Police,
having custody of the records in which such conviction is kept, shall be admissible as evidence and shall constitute a prima facie proof of any fact stated therein.
(2) The certificate under subsection (1) shall only be admissible if it is a record in respect of the same offence and the conviction is obtained within five years from the date of the present conviction
118 PART V OFFENCES AND MISCELLANEOUS PROVISIONS-118. Service of notices.
(1) Any notice required to be given or served under this Act, may, unless some other form of service is prescribed, be served on the person affected thereby as follows:
(a) by giving the original copy of the notice personally to such person;
(b) by affixing a copy of the notice on any conspicuous part of the house or any other place such person usually resides;
(c) by affixing a copy of the notice on any conspicuous part of such person's motor vehicle; or
(d) by sending the notice through registered post.
(2) Where a notice is served by registered post, it shall be deemed to have been served on the day succeeding the day on which the notice would have been received, in the ordinary course of post, if the notice is addressed:
(a) in the case of a company incorporated in Malaysia, to the registered office of the company;
119 PART V OFFENCES AND MISCELLANEOUS PROVISIONS-119. General offences and penalties.
(1) Any person who:
(a) without lawful excuse, proof of which shall lie on him, refuses or neglects to do anything he is by this Act required to do;
(b) without lawful excuse, proof of which shall lie on him, fails to comply with the requirements of any notice served on him under this Act; or
(c) without lawful excuse, proof of which shall lie on him, contravenes or fails to comply with any provisions of this Act,
shall be guilty of an offence.
(2) Any person who is guilty of an offence under this Act shall, where no special penalty is provided, be two thousand ringgit or to imprisonment for a term not exceeding six months and, in the case of a second or subsequent conviction, to a fine not exceeding four thousand ringgit or to imprisonment for a term not exceeding twelve months or to both.
[Am. Act A1065]
(3) Any person
119A PART V OFFENCES AND MISCELLANEOUS PROVISIONS-119A. Offence committed by body corporate.
Where an offence under this Act is committed by a body corporate (whether or not the body corporate has been prosecuted), every director, secretary or manager of the body corporate shall be deemed to be guilty of the offence unless he proves that the offence was committed without his consent or connivance and that he had exercised all due diligence to prevent the commission of the offence as he ought to have exercised having regard to the nature of his functions in that capacity and to all the circumstances of the case.
119B PART V OFFENCES AND MISCELLANEOUS PROVISIONS-119B. Power of Director to refuse or suspend dealing or transactions.
(1) Notwithstanding paragraph 17(1)(d) and subsection 29(1A), the Director may refuse or suspend any dealing or transaction or part of it under this Act where there is any outstanding matter or case relating to any contravention of this Act or any contravention of the written law prescribed in the Third Schedule:
Provided that:
(a) in the case of a motor vehicle licence, such outstanding matter or case in relation to a particular motor vehicle of a person shall not affect any other motor vehicle registered under his name; and
(b) in the case of a driving licence, such outstanding matter or case in relation to a particular class of driving licence of a person shall not affect his other class of driving licence.
120 PART V OFFENCES AND MISCELLANEOUS PROVISIONS-120. Powers to compound.
(1) Any of the following officers, that is to say:
(a) a Chief Police Officer, a Commissioner of Police or any police officer not below the rank of Inspector specially authorised in writing by name or by office in that behalf by the Minister charged with the responsibility for the police;
(b) the Director General or Director or any road transport officer specially authorised in writing by name or by office in that behalf by the Director General;
(c) the Dato Bandar;
(ca) the President or any officer of the Perbadanan Putrajaya specially authorized in writing by name or by office in that behalf by the President;
[Renumbering Act A1512:s.13]
(cb) the Mayor of a City Council, the President of a Municipal Council or the Chairman of a Municipal Council or the officers of the City Council or the Municipal Council specially authoriz
121 PART V OFFENCES AND MISCELLANEOUS PROVISIONS-121. Plea of guilty by letter and compounding shall not affect provision of policy of insurance.
Where any person has compounded an offence or pleaded guilty by letter to an offence under this Act, no evidence of any such act shall be admissible in any civil proceedings arising out of the same transaction as the said offence and he shall be deemed not to have thereby committed, by reason only of so doing, a breach of any condition of any policy of insurance relating to admission of liability without the consent of the insurers.
122 PART V OFFENCES AND MISCELLANEOUS PROVISIONS-122. Director General to be informed of convictions and compounds.
(1) When, during any proceedings leading to the conviction, or upon the conviction, of any person for any criminal offence whatsoever, it comes to the knowledge of the court recording such conviction that such person (whether or not such person is in possession of a licence issued under this Act) is, or has been, or has acted as, the driver or conductor or owner of a public service vehicle, tourism vehicle, goods vehicle or employees vehicle, the court shall forthwith send particulars of such conviction, and of any sentence passed thereon, to the Director General.
(2) Where any court convicts a person of an offence against sections 41 to 49, and the person so convicted is the holder of a licence to drive a motor vehicle, or a licence to act as driver or conductor of a public service vehicle, tourism vehicle, goods vehicle or employees vehicle, the court shall forthwith send particulars of such conviction, and of any such licence (if such partic
123 PART V OFFENCES AND MISCELLANEOUS PROVISIONS-123. Officers not in uniform to produce identification cards.
(1) Every police officer or traffic warden when acting against any person under this Act shall, if not in uniform, and every road transport officer when so acting shall, on demand, declare his office and produce to the person against whom he is acting such document establishing his identity as the Commissioner of Police may direct in the case of a police officer, such identification document as the Dato Bandar, the Perbadanan Putrajaya, the Mayor of a City Council, the President of a Municipal Council or the Chairman of a Municipal Council may direct in the case of a traffic warden, and such identification document as the Director General may direct in the case of a road transport officer, to be carried by a police officer, traffic warden and road transport officer respectively.
[(1) Am. Act A1512:s.14; Am. Act A1585:s.13]
(2) It shall not be an offence for any person to refuse to comply with any request, demand o
124 PART V OFFENCES AND MISCELLANEOUS PROVISIONS-124. Payment of licence fees.
(1) The Director General or a Director may, if he thinks fit and subject to this Act, grant any licence upon receipt A of a cheque for the amount of the fee payable therefor or upon any other mode of payment as may be prescribed by the Minister.
(2) Where any cheque issued or other mode of payment made in respect of a licence fee is subsequently dishonoured, the licence shall be void as from the date when it was granted, and the Director General or a Director, as the case may be, shall send to the person to whom the licence was issued, by a registered letter addressed to him to the address given by him, a notice requiring him to deliver up the licence to the Director General or Director, as the case may be, within a period of seven days from the date on which the notice was posted, and if that person fails to comply with such notice within that period he shall be guilty of an offence and shall on conviction be liable to a fine not exceeding two
124A PART V OFFENCES AND MISCELLANEOUS PROVISIONS-124A. Declaration of public body.
The Minister may declare any body to be a public body for the purposes of this Act.
125 PART V OFFENCES AND MISCELLANEOUS PROVISIONS-125. Minister may authorise any person to carry out functions of Director.
Notwithstanding anything in this Act, the Minister may by rules authorise any person, on such conditions as he deems fit, to carry out any functions of the Director under this Act in respect of the licensing of motor vehicles, the licensing of motor vehicle drivers and the collecting of payments or charges.
126 PART V OFFENCES AND MISCELLANEOUS PROVISIONS-126. Power of Minister to authorise or grant licence.
(1) Notwithstanding anything in this Act, the Minister shall have the power to authorise or grant a licence on such conditions as he may think fit to any person to undertake any function of a road transport officer under this Act as it appears to him to be necessary.
(2) The Minister may make rules for the purposes of subsection (1), and in particular, but without prejudice to the generality of the foregoing provisions, may make rules with respect to any of the following matters:
(a) to prescribe the charges, fees or levy which shall be paid to any person authorised or licensed under subsection (1) in respect of services provided;
(b) to prescribe the qualifications of persons to be employed by the person authorised or licensed under subsection (1) and to regulate their competency;
(c) to prescribe the type of records to be kept by the person authorised or licensed under subsection
126A PART V OFFENCES AND MISCELLANEOUS PROVISIONS-126A. Revocation.
[Ins. Act A973]
(1) An authorisation or licence issued under section 126 shall, unless sooner revoked, continue in force for such period as the Minister may determine.
(2) The Minister may revoke any authorisation or licence issued under section 126.
127 PART V OFFENCES AND MISCELLANEOUS PROVISIONS-127. Rules.
(1) The Minister may make rules for any purpose for which rules may be made under this Act and for prescribing anything which may be prescribed under this Act, and generally for the purpose of carrying this Act into effect, and in particular, but without prejudice to the generality of the foregoing provisions, may make rules with respect to any of the following matters:
(a) the language and script in which any traffic sign, notice, record, application, return or other document shall be written;
(b) the exemption, with or without conditions, of any persons, or classes of persons, or vehicles or classes of vehicles, from the necessity of complying with any of the requirements of this Act;
(c) the documents, plates and marks to be carried by authorised vehicles or any class of authorised vehicles and the manner in which they are to be carried;
(d) the determination of the num
127A PART V OFFENCES AND MISCELLANEOUS PROVISIONS-127A. Power of the Minister to amend schedules.
The Minister may, by order published in the Gazette, amend any of the schedules.
[Am. Act A1391 s:45]
128 PART V OFFENCES AND MISCELLANEOUS PROVISIONS-128. Repeal, transitional and saving.
(1) The Road Traffic Ordinance 1958 and the Modification of Laws (Road Traffic Ordinance) (Extension and Modification) Order 1984 in so far as they do not relate to the licensing of commercial vehicles are hereby repealed:
Provided that all subsidiary legislations made under the repealed Ordinance in so far as they do not relate to the licensing of commercial vehicles shall be deemed to have been made under this Act and shall continue to remain in force until amended or revoked thereunder:
Provided further that any certificate, licence, permit, plate, mark, registration certificate or any other document in respect of a motor vehicle, or any reduction of fees or any exemption, issued or granted under the repealed Ordinance and in force immediately before the commencement of this Act shall, in so far as its issue or grant is not inconsistent with this Act, be deemed to have been issued or granted under this Act and shall continue in force
129 PART V OFFENCES AND MISCELLANEOUS PROVISIONS-129. Power of Minister to make additional transitional provisions, etc.
The Minister may by rules make such provision as he considers necessary or expedient for the purpose of removing any difficulties occasioned by the coming into force of this Act, any such rule may be made so as to have effect as from the commencement of this Act.
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