Road Transport
1
LAWS OF MALAYSIA
REPRINT
Act 333
ROAD TRANSPORT ACT 1987
Incorporating all amendments up to 1 July 2006
PUBLISHED BY
THE COMMISSIONER OF LAW REVISION, MALAYSIA
UNDER THE AUTHORITY OF THE REVISION OF LAWS ACT 1968
IN COLLABORATION WITH
PERCETAKAN NASIONAL MALAYSIA BHD
2006
2
ROAD TRANSPORT ACT 1987
Date of Royal Assent
... ... ... ... ...
30 August 1987
Date of publication in the Gazette ... ...
24 September 2987
PREVIOUS REPRINTS
First Reprint
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...
...
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1999
Second Reprint ...
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2001
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LAWS OF MALAYSIA
Act 333
ROAD TRANSPORT ACT 1987
ARRANGEMENT OF SECTIONS
PART I
PRELIMINARY
Section
1.
Short title, application and commencement
2.
Interpretation
3.
Appointment
3A. Authorization to Mayor and officers of City Council
4.
Powers of Dato Bandar and traffic wardens
PART II
CLASSIFICATION, REGISTRATION AND LICENSING
OF MOTOR VEHICLES AND DRIVERS
Classification of Motor Vehicles
5.
Classification of motor vehicles
6.
Prohibition of motor vehicles not complying with rules
Registration of Motor Vehicles
7.
Registration of motor vehicles and owners
8.
Keeping of register
9.
Keeping of accounts by licensed registrar
10.
Applications for registration
11.
Registration numbers
12.
Inspection of motor vehicles and information to Director General
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ACT 333
Section
13.
Procedure on change of possession of motor vehicles
14.
Display of registration number
Licensing of Motor Vehicles
15.
Motor vehicle licences
16.
Requirements for application
17.
Director may refuse to issue motor vehicle licences in certain cases
18.
Effect on licence of altering vehicle
19.
Surrender of motor vehicle licence
20.
Display of motor vehicle licence
21.
Visitors' licence
22.
Motor vehicle trade licences
23.
Other offences in connection with registration and licensing of motor
vehicles
Miscellaneous
24.
Recovery of fees
25.
International certificates
Licensing of Motor Drivers
26.
Driving licences
27.
Application for driving licence
28.
Recognition of driving licences of other countries
29.
Tests of competence to drive
30.
Provisions as to physical fitness of applicants for and holders of driving
licence
31.
Disqualification for offences
32.
Suspension of driving licence upon disqualification
33.
Application to remove disqualification
34.
Endorsements on driving licence
34A. Endorsement where driving licence is incorporated in a multipurpose
electronic card or device
35.
Power of Director General to suspend or revoke a driving licence
35A. Power of Director General to revoke a probationary driving licence
Road Transport
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Section
36.
Power to suspend driving licence of drug dependant
37.
Licensee may show cause why driving licence should not be suspended
or revoked
38.
Surrender and return of driving licence
Driving and Offences in Connection Therewith
39.
Restriction on driving by young persons
40.
Exceeding speed limit
41.
Causing death by reckless or dangerous driving
42.
Reckless and dangerous driving
43.
Careless and inconsiderate driving
44.
Driving while under the influence of intoxicating liquor or drugs
45.
Being in charge of motor vehicles when under the influence of intoxicating
liquor or drugs
45A. Driving or being in charge of a motor vehicle with alcohol concentration
above prescribed limit
45B. Breath test
45C. Provision of specimen for analysis
45D. Protection of hospital patient
45E. Detention
45F. Evidence in proceedings for an offence under sections 44 and 45 involving
intoxicating liquor and section 45A
45G. Interpretation of sections 44 and 45B to 45F
46.
Driving when suffering from disease or disability
47.
Riding on running boards and obstruction of driver
48.
Obstruction by vehicle on road
49.
Pillion riding
50.
Unlawful interference and importuning
51.
Taking motor vehicle without consent of registered owner
52.
Duty to stop in case of accidents
53.
Power to order appearance in court
54.
Application to pedal cyclists of provisions relating to certain driving
offences
55.
Duty to stop vehicles on demand
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ACT 333
Licensing of Drivers and Conductors of Public Service
Vehicles, Employees Vehicles and Goods Vehicles
Section
56.
Vocational licences
57.
Vocational licence of goods vehicles and employees vehicles
Miscellaneous
58.
Duty to produce driving licence and certificate of insurance
59.
Power to test and prohibit use of vehicles
60.
Power to detain vehicles for inspection
61.
Power to order production of motor vehicle and licence
62.
Power to enter and search premises
63.
Weighing of vehicles
64.
Power to seize motor vehicles
65.
Removal of broken down and abandoned vehicles
66.
Rules
PART IIA
PERIODIC INSPECTION OF MOTOR VEHICLES
66A.
Inspection certificates required for certain motor vehicles
66B.
Vehicles required to undergo periodic inspection
66C.
Issuance and refusal of inspection certificate
66D.
Display of inspection certificate
66DA. Recognition of inspection certificates of other countries
66E. Only person licensed may inspect
66F. Employment of examiners
66G. Rules
PART III
ROADS
67.
Interpretation
68.
Highway code
69.
Speed limits
70.
Power to restrict use of vehicles on specified roads
Road Transport
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Section
71.
Power to restrict vehicles
72.
Provision of parking places and stands
73.
Reservation of parking place for Diplomatic Missions
74.
Parking place for disabled persons
75.
Pedestrian crossings
76.
Duty of pedestrians to comply with traffic directions
77.
Erection of traffic signs
78.
Power to set up roadblocks
79.
Penalties for neglect of traffic directions and signs
Ropes, etc., across road
80.
81.
Restriction on competitions and speed trials
82.
Forfeiture of vehicles used in competitions and speed trials
83.
Power to erect refuges, subways and footbridges
84.
Power to remove structures from roads
85.
Construction of access and drains and laying of public utility installations
to existing roads
85A. Construction of structures for advertisement, etc.
86.
Restriction of vehicles on bridges
87.
Provisions as to extraordinary traffic
88.
Rules
PART IV
PROVISIONS AGAINST THIRD PARTY RISKS ARISING
OUT OF THE USE OF MOTOR VEHICLES
89.
Interpretation
90.
Motor vehicle users to be insured against third party risks
91.
Requirements in respect of policies
92.
Furnishing of returns and information by insurers
93.
Requirements in respect of securities
94.
Certain conditions in policies or securities to be of no effect
95.
Avoidance of restrictions on scope of third party risks policies
96.
Duty of insurers to satisfy judgements against persons insured in respect
of third party risks
97.
Rights of third parties against insurers
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Section
98.
Duty to give necessary information to third parties
99.
Settlement between insurers and insured persons
Bankruptcy, etc., not to affect third party claims
100.
101.
Further rights of third parties against insurer
102.
Surrender of certificate on cancellation of policy
103.
Production of certificates
104.
Insurer to be notified of any occurrence
105.
Deposits
106.
Application of this Part to securities
107.
Rules
PART V
OFFENCES AND MISCELLANEOUS PROVISIONS
108.
False statement
109.
Liability of registered owner and others
110.
Penalty for obstruction and interference
110A. Soliciting or touting
111.
Abetment of offences
112.
Powers of arrest, stopping and detention
113.
Powers of the police in investigation
114.
Powers of road transport officers in investigation
115.
Duty to give information and use of statements as evidence
(Deleted)
116.
116A. Jurisdiction of court of First Class Magistrate
117.
Provisions as to evidence
117A. Evidence and records of previous conviction
118.
Service and signature of notices
119.
General offences and penalties
119A. Offence committed by body corporate
120.
Powers to compound
121.
Plea of guilty by letter and compounding shall not affect provision of
policy of insurance
122.
Director General to be informed of convictions and compounds
123.
Officers not in uniform to produce identification cards
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Section
124.
Payment of licence fees
124A. Declaration of public body
125.
Minister may authorize any person to carry out functions of Director
126.
Power of the Minister to authorize or grant licence
126A. Revocation
127.
Rules
128.
Repeal, transitional and saving
Power of Minister to make additional transitional provisions, etc.
129.
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Laws of Malaysia
ACT 333
Road Transport
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LAWS OF MALAYSIA
Act 333
ROAD TRANSPORT ACT 1987
An Act to make provision for the regulation of motor vehicles and
of traffic on roads and other matters with respect to roads and
vehicles thereon; to make provision for the protection of third
parties against risks arising out of the use of motor vehicles; to
make provision for the co-ordination and control of means of and
facilities for transport; to make provision for the co-ordination and
control of means of and facilities for construction and adaptation
of motor vehicles; and to make provision for connected purposes.
[1 January 1988, P.U. (B) 694/1987]
BE IT ENACTED by the Seri Paduka Baginda Yang di-Pertuan
Agong with the advice and consent of the Dewan Negara and
Dewan Rakyat in Parliament assembled, and by the authority of
the same, as follows:
PART I
PRELIMINARY
Short title, application and commencement
1. (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.
Interpretation
2. In this Act, unless the context otherwise requires--
"accident" means an accident or occurrence whereby damage or
injury is caused to any person, property, vehicle, structure or
animal;
"airport" has the same meaning assigned to it by the Civil
Aviation Act 1969 [Act 3];
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ACT 333
"animal" means any horse, pony, mule, ass, buffalo, cattle, sheep,
pig, goat or dog;
"appointed day" means the day appointed by the Minister under
section 1 for the coming into force of any Part or provision of this
Act;
"bankruptcy" includes insolvency as a result of which a wage
earner's administration order has been made under the laws relating
to bankruptcy;
"carriage of goods" includes the haulage of goods;
"certificate of insurance" includes a cover note;
"Chief Police Officer" means any police officer vested by the
Inspector General of Police with the control of the Royal Malaysia
Police in respect of any area or state under section 6 of the Police
Act 1967 [Act 344] and designated as such by the Inspector General
of Police;
"commercial vehicle" shall have the same meaning as assigned
to that expression in the Commercial Vehicles Licensing Board
Act 1987 [Act 334];
"Commissioner of Police" means a Commissioner appointed
under section 5 of the Police Act 1967 [Act 344];
"company" includes any company as defined in the Companies
Act 1965 [Act 125], any company formed under any law, any
corporation incorporated by law, and any firm or partnership;
"conductor" means a person licensed under section 56 to act as
a conductor of a public service vehicle;
"Dato Bandar" means the Dato Bandar Kuala Lumpur appointed
under section 3 of the Federal Capital Act 1960 [Act 190] read
with section 4 of the City of Kuala Lumpur Act 1971 [Act 59] and
includes any officer in the service of the City of Kuala Lumpur
authorized in writing by the Dato Bandar to exercise powers conferred
or to perform duties imposed by this Act on the Dato Bandar;
"Deputy Director" means a Deputy Director for Road Transport
appointed under section 3;
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"Deputy Director General" means the Deputy Director General
for Road Transport appointed under section 3;
"Director" means a Director for Road Transport appointed under
section 3;
"Director General" means the Director General for Road Transport
appointed under section 3;
"driver" means the person for the time being driving a motor
vehicle and, in the case of a stationary motor vehicle, includes the
person for the time being responsible for the driving of the motor
vehicle;
"driving licence" means a licence to drive a motor vehicle granted
or deemed to be granted under Part II and includes a learner's
driving licence and a probationary driving licence granted under
section 29;
"goods" means anything, including livestock, carried on or in
a motor vehicle for the purposes of any trade or business but does
not include--
(a) equipment ordinarily used with the vehicle;
(b) articles of merchandise carried by a person on or in the
vehicle solely for the purpose of exhibition as samples;
(c) articles carried by a person on or in the vehicle for use
in the exercise of his trade, business or profession and
not for sale;
"goods vehicle" shall have the same meaning as is assigned to
that expression in the Commercial Vehicles Licensing Board Act
1987;
"Government" means the Federal Government or any State
Government;
"Highway Authority" means the body corporate established under
section 3 of the Highway Authority Malaysia (Incorporation) Act
1980 [Act 231];
"Kawasan Perbadanan Putrajaya" means the area as described
in section 10 of the Perbadanan Putrajaya Act 1995 [Act 536];
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"land implement" means any implement or machinery used with
a land tractor in connection with the purposes for which a land
tractor may be used under this Act;
"land tractor"means a motor tractor designed and used primarily
for work on the land in connection with agriculture, planting or
forestry, land levelling, draining, dredging or similar operations,
which is driven on a road only when proceeding to and from the
site of such work and when so driven hauls nothing other than land
implements;
"learner's driving licence" means a driving licence which is
granted to any person to learn theoretical and practical driving and
thereafter to be tested on the prescribed tests of competence;
"maximum permissible laden weight" means such weight as the
Director General shall specify as a laden weight which is suitable
for a specific vehicle using a road;
"member of the Forces" means--
(a) a member of the Armed Forces;
(b) a police officer;
(c) a member of a visiting force within the meaning of any
law for the time being in force regulating visiting forces
lawfully present in Malaysia;
"Minister" means the Minister charged with responsibility for
transport;
"motor vehicle" means a vehicle of any description, propelled
by means of mechanism contained within itself and constructed or
adapted so as to be capable of being used on roads, and includes
a trailer;
"owner"--
(a) in relation to a motor vehicle registered or deemed to be
registered under this Act, means the registered owner of
such vehicle; and
(b) in relation to any other motor vehicle, means the person
in possession of or using or having the use of the motor
vehicle;
"parking" means the bringing of a motor vehicle to a stationary
position and causing it to wait for any purpose other than that of
immediately taking up or setting down persons, goods or luggage;
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"parking place" means a place set apart as a place at which
motor vehicles or any specified class or description of motor vehicles
may be parked;
"passenger"--
(a) in relation to a person carried on a public service vehicle,
does not include the driver or conductor or any ticket
inspector on the vehicle in pursuance of his duties;
(b) in relation to persons carried on a goods vehicle, does not
include the driver or any attendant required by law to be
carried on such vehicle; and
(c) in relation to a private car, does not include the driver;
" P e r b a d a n a n Putrajaya" means the Perbadanan Putrajaya
established under section 3 of the Perbadanan Putrajaya Act 1995;
"police officer" includes an extra police officer, a volunteer
reserve police officer or an auxiliary police officer appointed under
the Police Act 1967;
"probationary driving licence" means a licence for a probationary
period of two years which is granted to any person who has passed
the prescribed tests of competence;
"public body" means a body declared by the Minister to be a
public body;
"public service vehicle" shall have the same meaning as assigned
to that expression in the Commercial Vehicles Licensing Board
Act 1987;
"registered owner" means the person registered as the owner of
a motor vehicle under paragraph 11(1)(b);
"registered medical practitioner" means a medical practitioner
registered under the Medical Act 1971 [Act 50];
"registration certificate" includes registration book;
"road" means--
(a) any public road and any other road to which the public
has access and includes bridges, tunnels, lay-bys, ferry
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ACT 333
facilities, interchanges, roundabouts, traffic islands, road
dividers, all traffic lanes, acceleration lanes, deceleration
lanes, side-tables, median strips, overpasses, underpasses,
approaches, entrance and exit ramps, toll plazas, service
areas, and other structures and fixtures to fully effect its
use; and
(b) for the purposes of sections 70 and 85, also includes a
road under construction,
but shall not include any private road, bridge, tunnel or anything
connected to that road which is maintained and kept by private
persons or private bodies;
"Road Transport Department" means the Department administered
by the Director General;
"road transport officer" means any person appointed to be a
road transport officer under section 3;
"this Act" includes any subsidiary legislation made under this
Act;
"tracked", in relation to a vehicle, means that the vehicle is so
designed and constructed that the weight of it is transmitted to the
road surface either by means of continuous tracks, or by a combination
of wheels and continuous tracks;
"traffic" includes bicycles, tricycles, motor vehicles, tram cars,
vehicles of every description, pedestrians, processions, bodies of
police or troops and all animals being ridden, driven or led;
"traffic signs" includes all signals, warning sign posts, direction
posts, signs, marks or devices erected or provided on or near a
road for the information, guidance or direction of persons using
the road;
"traffic warden" means any person appointed to be a traffic
warden by the Dato Bandar or the Perbadanan Putrajaya under
section 3;
"trailer" shall have the same meaning as assigned to it in
subsection 5(1);
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"unladen weight" means the weight of a vehicle inclusive of the
body and all parts (the heavier being taken where alternative bodies
or parts are used) which are necessary to, or ordinarily used with,
the vehicle when working on a road but exclusive of loose tools;
"use" means use on any road;
"vehicle" means a structure capable of moving or being moved
or used for the conveyance of any person or thing and which
maintains contact with the ground when in motion;
"weighing machine" includes a portable weighing machine, a
static weighing machine and a computerized or electronic weigh
in-motion system;
"wheeled", in relation to a motor vehicle or trailer, means that
the whole weight of the vehicle is transmitted to the road by means
of wheels.
Appointment
3. (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 Director General may prescribe uniforms for road
transport officers.
(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 Act to be traffic wardens and
may, after consultation with the Inspector General of Police, prescribe
uniforms for such officers.
(4A) The Perbadanan Putrajaya may appoint such number of
persons in the service of the Perbadanan Putrajaya as it considers
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ACT 333
necessary or expedient for the purposes of this Act to be traffic
wardens and may, after consultation with the Inspector General of
Police, prescribe uniforms for such officers.
(5) The Director General shall perform the duties and exercise
the rights and powers imposed and conferred upon him by this Act.
(6) The Director General, all road transport officers and all
traffic wardens appointed under this section shall be deemed to be
public servants for the purposes of Chapter X of the Penal Code
[Act 574].
(7) T h e Director General shall assign a Director to each
registration area or each division of the Road Transport Department.
(8) A notification in the Gazette of the appointment of a road
transport officer or a traffic warden shall be conclusive evidence
that such person was so appointed.
(9) Any officer appointed under any Ordinance repealed by
this Act and holding office on the date immediately preceding the
appointed day, shall continue in office and shall be deemed to be
a road transport officer or a traffic warden, as the case may be,
appointed under this section.
Authorization to Mayor and officers of City Council
3A. (1) The Minister may, by order published in the Gazette,
upon application being made by the Mayor of a City Council,
authorize 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 authorization 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
Road Transport
19
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 the Mayor
of the City Council;
(b) references to "officer in the service of the City of Kuala
Lumpur" and "persons in the service of the City of Kuala
Lumpur" were references to officers or persons in the
service of the City Council respectively;
(c) references to the "Federal Territory of Kuala Lumpur"
were references to that City.
(4) For the purposes of this section--
"City Council" includes a Council of a City and a City;
"Mayor of a City Council" includes Commissioner of a City and
"Mayor"shall be construed accordingly.
Powers of Dato Bandar and traffic wardens
4. The powers of the Dato Bandar or the Perbadanan Putrajaya
and traffic wardens under this Act shall not be exercised outside
or in respect of offences committed outside the Federal Territory
of Kuala Lumpur or the Kawasan Perbadanan Putrajaya.
PART II
CLASSIFICATION, REGISTRATION AND LICENSING
OF MOTOR VEHICLES AND DRIVERS
Classification of Motor Vehicles
Classification of motor vehicles
5. (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 two hundred and fifty
kilogrammes, which are specially designed and constructed
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ACT 333
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, motor vehicles, the unladen
weight of which does not exceed five thousand kilogrammes
and which otherwise fall within the definition of "tractors
heavy";
(e) motor cars heavy; that is to say, motor vehicles which are
constructed to carry a load or passengers and the unladen
weight of which exceeds three thousand kilogrammes;
(f) motor cars; that is to say, motor vehicles (not falling
w i t h i n the definition of "motorcycles"), which are
constructed to carry a load or passengers and the unladen
w e i g h t of which does not exceed three thousand
kilogrammes;
(g) mobile machinery heavy; that is to say, motor vehicles
which are designed as self-contained machines, propelled
by means of mechanism contained within themselves and
the unladen weight of which exceeds five thousand
kilogrammes and are capable of being used on roads;
(h) mobile machinery light; that is to say, motor vehicles,
the unladen weight of which does not exceed five thousand
kilogrammes and which otherwise fall within the definition
of "mobile machinery heavy";
(i) pedestrian controlled vehicles; that is to say, motor vehicles
constructed for the purpose of carrying a load or passengers
and controlled by a person not seated or mounted on such
a vehicle;
(j) trolley vehicles; that is to say, vehicles deriving their
power from overhead cables or rails and making connection
with such source of power by means of a pulley or other
device;
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21
(k) trailers; that is to say, vehicles other than land implements
drawn by a motor vehicle, whether or not part of the
trailer is superimposed on the drawing vehicle.
(2) The Minister may make rules for subdividing any such
class as specified in subsection (1) whether according to weight,
construction, nature of tyres, use or otherwise and making different
provisions with respect to each subdivision and varying in respect
of any class the maximum or minimum weight fixed by this section.
(3) Any reference in this Part to a class of motor vehicles shall
include a reference to any subdivision of such a class.
(4) For the purposes of this Part, a sidecar attached to a motor
cycle shall, if it complies with the prescribed conditions, be regarded
as forming part of the vehicle to which it is attached and not as
being a trailer.
Prohibition of motor vehicles not complying with rules
6. (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,
authorize (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.
(4) Subject to this section, it shall not be lawful to alter a motor
vehicle so as to render its condition such that the use thereof in
that condition would be unlawful by virtue of this section.
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ACT 333
(5) If a motor vehicle is used, sold or supplied or offered for
sale or altered in contravention of this section, any person who so
uses the motor vehicle or causes or permits it to be so used and
any person who so sells or supplies or offers for sale or alters such
motor vehicle or causes or permits it to be sold, supplied for sale
or altered shall be guilty of an offence:
Provided that the person shall not be convicted of an offence
under this subsection in respect of the sale, supply, offer for sale
or alteration of a motor vehicle if he proves that it was sold,
supplied, offered for sale or altered, as the case may be, for export
from Malaysia or that he had reasonable cause to believe that the
motor vehicle would not be used in Malaysia or would not be so
used until it had been put into a condition in which it might
lawfully be so used and it was a condition of such sale, supply,
offer for sale or alteration that such motor vehicle would not be
so used until it had been put into a condition in which it might
lawfully be used under this section.
Registration of Motor Vehicles
Registration of motor vehicles and owners
7. (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
o r 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;
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23
(d) a motor vehicle lawfully brought into Malaysia in
accordance with section 21 or with rules made under
section 25;
(e) a motor vehicle registered in any foreign country, which
by virtue of any international agreement is authorized to
operate in Malaysia under a licence issued under the
Commercial Vehicles Licensing Board Act 1987.
(3) Any person who contravenes subsection (1) shall be guilty
of an offence and shall on conviction be liable to a fine not
exceeding two thousand ringgit.
Keeping of register
8. Every Director shall keep and maintain a register of all motor
vehicles registered under this Act in the registration 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.
Keeping of accounts by licensed registrar
9. 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.
Applications for registration
10. (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 authorized 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.
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(4) No motor vehicle shall be registered which does not comply
with this Act as to construction, weight, equipment, use and age
unless such motor vehicle has been exempted from such compliance
under powers conferred by this Act.
(5) An application for the registration of a motor vehicle which
is the property of the Government or of a public body shall designate,
by reference to his office, an officer in the service of the Government
or public body, as the case may be, in whose charge such motor
vehicle will be and such person for the time being holding such
office shall, for the purpose of any offence, be deemed to be the
registered owner of such motor vehicle.
(6) No officer shall be deemed by reason only of subsection (5)
to be guilty of an offence committed before the date on which he
assumed such office.
Registration numbers
11. (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 not
previously been registered, and the Director shall thereupon
assign a new registration number to the first mentioned
motor vehicle and make all necessary and consequential
amendments to the register and registration certificate;
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(b) register the person by whom the application for registration
was made as the owner of the motor vehicle; and
(c) issue to that person a registration certificate in the prescribed
form.
(2) Notwithstanding paragraph (1)(a), the Director may change
the registration number of any registered motor vehicle in respect
of which fees under this Act are not payable (excluding motor
vehicles belonging to the Government) and may assign the registration
number of such motor vehicle to any other motor vehicle.
(3) Where two or more persons have or claim possession and
use of a motor vehicle, the Director shall register as the owner of
the motor vehicle--
(a) such one of those persons as may be nominated by them
in the prescribed manner for the purpose of such registration;
or
(b) in the event of any dispute between those persons, such
one of them as may be selected for the purpose by the
Director, after such inquiry as he may consider necessary.
(4) In any case referred to in paragraph (3)(a), the Director
may also enter in the register and in the registration certificate the
names of the other claimants to the ownership of the motor vehicle,
but no such entry of the name of any claimant shall be deemed
to affect any liability which the person registered as owner may
incur under this Act, or to vest in such claimant any of the rights
or powers conferred by this Act on the registered owner of a motor
vehicle.
(5) The decision of the Director under paragraph (3)(b) shall
be final and conclusive for the purposes of this Act, but shall not
be deemed to prejudice or to affect in any way the right of any
other claimant to the ownership of the motor vehicle to cause his
rights to be determined by a court, and the Director shall amend
the register in accordance with any final order made by such court.
Inspection of motor vehicles and information to Director General
12. (1) The Director General or 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
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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 accomodation have been
altered after the registration thereof.
(2) The registered owner of a motor vehicle shall forthwith
inform the Director of a registration area in writing of any
circumstance or event which affects the accuracy of any entry in
the register relating to the motor vehicle, and shall at the same
time forward or deliver to the Director the registration certificate
relating to such motor vehicle.
(2A) The registered owner shall, in the case of a change of
chassis of a motor vehicle, obtain the prior approval of the Director
General before such change.
(3) The registered owner of a motor vehicle shall, whenever
required by a Director so to do--
(a) forthwith furnish to the Director all such information as
he may require for the purpose of verifying the entries
relating to such motor vehicle in the register; and
(b) forthwith forward or deliver to the Director the registration
certificate relating to such motor vehicle.
(4) After a motor vehicle has been inspected, weighed or measured
under subsection (1), or upon receipt of any information or proof
furnished in respect of a motor vehicle under subsection (2) or (3),
the Director may make such amendments in the register and in the
registration certificate relating to such motor vehicle as he may
consider necessary, and shall return the registration certificate to
the registered owner.
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(5) Any person who without reasonable excuse fails to comply
with any requirement of the Director General or a Director under
subsection (1) or with subsection (2) or (3) shall be guilty of an
offence.
Procedure on change of possession of motor vehicles
13. (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
thereof and, if the licence has been surrendered by the
registered owner, it shall not be used until the new owner
or new possessor has taken out a new licence:
Provided that this subsection shall not apply in any case where
the change of possession is consequent on a contract of hiring and
the period of hiring does not exceed one month.
(2) On any change of possession of a motor vehicle otherwise
than on a voluntary transfer made by the registered owner--
(a) the registered owner of the motor vehicle shall, within
seven days after the change of possession, deliver the
registration certificate relating to the motor vehicle to the
person into whose possession the vehicle has passed, and
shall, in writing, inform the Director of a registration
area of the change of possession;
(b) where the registration certificate is so delivered, the person
into whose possession the motor vehicle has passed shall,
within seven days after the change of possession, forward
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to the Director the registration certificate relating to the
motor vehicle, and shall apply to such Director to be
registered as the new owner in place of the registered
owner;
(c) where a Director is satisfied that the registration certificate
relating to the motor vehicle has not been delivered under
paragraph (a) to the person into whose possession the
motor vehicle has passed, and that such person is entitled
to the possession of the motor vehicle, the Director may,
upon application made by such person and on payment
of the prescribed fee, issue to such person a duplicate of
the registration certificate; and
(d) the person into whose possession a motor vehicle has
passed shall, upon making the prescribed application and
upon payment of the prescribed fee and upon production
to the Director of the registration certificate or a duplicate
thereof, be entitled to be registered as the new owner of
such motor vehicle.
(3) Upon the registration of a new owner of a motor vehicle,
the Director shall make the necessary alterations in the register
and in the registration certificate relating to such motor vehicle,
and shall deliver the altered registration certificate to the new
owner:
Provided that the Director may, if he considers it expedient so
to do, issue in lieu of the altered registration certificate a new
registration certificate.
Display of registration number
14. (1) The registration number assigned to a motor vehicle on
the registration thereof, or a new registration number assigned
under section 11 shall, unless otherwise provided, be displayed
and illuminated on such motor vehicle in such manner as may be
prescribed by rules made under this Part. No other letter or figure
and no design, ornament, fixture or addition shall be placed on a
motor vehicle in such a position or in such a manner--
(a) as to be likely to confuse or deceive; or
(b) as to render it more difficult to read or distinguish such
number when the vehicle is in motion.
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(2) For the purposes of this section, letters or figures placed
on a motor vehicle shall be deemed to be likely to confuse or
deceive if, in general appearance or outline, they approximate to
the prescribed registration number or could be mistaken therefor
or confused therewith by any road user.
(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 on such motor vehicle.
(4) If any registration number is not displayed in accordance
with this section, or if, being so displayed, it is in any way obscured,
or is rendered or allowed to become or to remain not easily
distinguishable, or is not illuminated in accordance with such
provisions, or if any such letter or figure or design, ornament,
fixture or addition is made or carried contrary to the provisions
aforesaid the person driving or having charge of the vehicle while
it is being so used shall be guilty of an offence and shall on
conviction be liable to a fine not exceeding *three hundred ringgit:
Provided that a person charged under this section with having
an obscured registration number or rendering or allowing it to
become or remain not easily distinguishable shall not be liable to
be convicted if he proves that he has taken all steps reasonably
practicable to prevent the registration number being obscured or
not easily distinguishable.
Licensing of Motor Vehicles
Motor vehicle licences
15. (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.
*NOTE--Previously "two hundred ringgit"see Act A878.
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(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 laid up shall be guilty
of an offence and shall on conviction be liable to a fine not
exceeding five thousand ringgit.
(5) For the purposes of this section, "laid up" means to put
away and to cease to use on the road.
Requirements for application
16. (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 90(5), section 90 does not apply.
(3) Notwithstanding anything in this section to the contrary,
any person who satisfies the Director that he has been authorized
in writing for the purpose by a registered owner of a motor vehicle
who is absent from Malaysia may make application on behalf of
such registered owner for a licence for such motor vehicle, and in
any such case the application shall be deemed to have been made
and signed by such registered owner.
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Director may refuse to issue motor vehicle licences in certain
cases
17. (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;
(c) the prescribed fee has been paid; and
(d) he is satisfied that the applicant has no outstanding matter
or case with the Road Transport Department or the Police
relating to any contravention of or offence against this
Act or the Commercial Vehicles Licensing Board Act
1987.
(e) (Deleted by Act A891).
(1A) (Deleted by Act A891).
(2) A Director may refuse to grant a motor vehicle licence or
a motor trade licence or may cancel or suspend for a period not
exceeding six months a motor vehicle licence or a motor trade
licence already granted if, after giving the owner an opportunity
of making any representation he may wish to make, such Director
has reason to believe that the motor vehicle referred to in such
licence or in respect of which the application is made has been or
is intended to be used for an unlawful purpose or in an unlawful
manner, and on so doing shall endorse the registration certificate
of such motor vehicle accordingly.
(3) For the purposes of subsection (2), the use of any motor
vehicle resulting in the breach of any of the conditions attached
to such licence under the Commercial Vehicles Licensing Board
Act 1987 or of any of the statutory conditions specified therein
shall be deemed to be a use of such vehicle in an unlawful manner.
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(4) Except where the period of suspension of such licence does
not exceed one month, any person being the holder of a motor
vehicle licence or a motor vehicle trade licence, who is aggrieved
by the suspension of such licence by the Director under subsection
(2) may, within fourteen days of the suspension by the Director,
appeal to the Director General and on such appeal the Director
General, after such inquiry, if any, as he considers fit, may make
such order as he considers just, and any order so made shall be
binding on the Director and on the appellant.
(5) Where the Director has refused to grant a licence or has
cancelled a licence under subsection (2), he forthwith shall notify
the Director General of such refusal or cancellation and state his
grounds therefor; and the Director General shall, within fourteen
days of the date of such cancellation or refusal, inform the registered
owner of the motor vehicle that he confirms or revokes, as the case
may be, such cancellation or refusal.
(6) Any person, being an applicant for or holder of a motor
vehicle licence, who is aggrieved by the decision of the Director
General to refuse to grant or to cancel such licence may, within
twenty-one days of the date of confirmation by the Director General
under subsection (5), appeal to the Minister, and on such appeal
the Minister after such inquiry, if any, as he thinks necessary may
make such order as he considers fit, and any order so made shall
be binding on the Director General and on the appellant.
(7) Subsection (6) shall not apply to any person who acquires
a motor vehicle after the registration certificate of such vehicle has
been endorsed in accordance with subsection (2).
(8) Where a licence in respect of any motor vehicle has been
refused or cancelled under subsection (2), the Director may refuse
to grant a further licence in respect of such vehicle for any period
not exceeding six months from the date of such cancellation, and
subsections (5) and (6) shall not apply in the case of such refusal.
Effect on licence of altering vehicle
18. 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
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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.
Surrender of motor vehicle licence
19. (1) The holder of a motor vehicle licence may at any time
surrender such licence to the Director of a registration area and
shall, unless otherwise provided, be entitled to be paid by the
Director 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.
Display of motor vehicle licence
20. (1) Every motor vehicle licence granted under section 16,
other than a motor vehicle licence granted in respect of a motor
cycle or an invalid carriage, 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.
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(3) Any person who contravenes this section shall be guilty of
an offence.
Visitors' licence
21. (1) A Director may, subject to any rules which may be made
by the Minister under section 66, 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.
(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 vehicle such
certificate, policy of insurance or certificate of security
as complies with the requirements of Part IV;
(d) not be granted in respect of a motor vehicle to which
section 25 applies.
(3) A visitor's licence granted under the corresponding provisions
of any law in force in the Republic of Singapore shall, so long as
such licence remains in force in that country, be deemed to be a
visitor's licence granted under this section.
(4) The fee for a licence granted under this section shall be as
prescribed.
Motor vehicle trade licences
22. (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
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him, to take out a general licence in respect of all motor vehicles
used by him, the Director 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 any purpose other than such
purposes as may be prescribed.
(3) Nothing in this section shall operate to prevent a person
entitled to take out a motor trade licence from holding two or more
such licence.
(4) A motor trade licence shall not be granted until the applicant
has produced evidence, to the satisfaction of the Director, that
during the period of validity of such licence there will be in force
such policy of insurance or such security as complies with the
requirements of Part IV in respect of the use of motor vehicles in
accordance with such licence.
(5) A motor trade licence shall not be assigned or transferred.
(6) Subsections 17(2) and (5) shall apply to a motor trade
licence as they apply in respect of a motor vehicle licence.
(7) The holder of a motor trade licence may at any time surrender
such licence to the Director of a registration area and shall on such
surrender be entitled to repayment by way of rebate of such amount
as may be prescribed:
Provided that proceedings to secure such rebate or the repayment
of any excess payment for such a licence shall be brought before
the expiration of one year from the expiry date of such licence.
Other offences in connection with registration and licensing of
motor vehicles
23. (1) If any person uses a motor vehicle while there is not in
force in respect thereof a motor vehicle licence granted under this
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ACT 333
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 authorized
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
or a motor trade licence issued under this Part has been convicted
of an offence under this Part may suspend such licence for the
period of its validity or for any lesser period and such licence,
together with, in the case of a motor trade licence, the plates issued
in relation thereto, shall be delivered to the court by the holder,
and the court shall send such licence and motor trade plates, if any,
to the Director who issued such licence, with a copy of the order
made by the court.
(4) No rebate shall be paid by a Director in respect of any
period for which a motor vehicle licence or a motor trade licence
has been so suspended.
(5) No court shall take cognisance of any proceedings under
this section unless such proceedings be commenced within a period
of twelve months from the date of the commission of the offence.
Miscellaneous
Recovery of fees
24. (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.
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(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 certificate purporting
to be signed by a Director stating that--
(a) on a date stated in the certificate a notice requiring the
accused to pay such amount of fees due from him as
stated in the certificate was duly issued in accordance
with subsection (1); and
(b) the accused had failed to comply with such requirement,
shall be sufficient evidence of the facts stated therein.
International certificates
25. W h e n 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 providing that any provisions of this Act shall, in
relation to motor vehicles brought into Malaysia by persons
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ACT 333
making only a temporary stay therein, have effect subject
to such modifications and adaptations as may be prescribed;
(d) for providing for the total or partial exemption, for a
limited period, from any import duty payable in respect
of the import of a motor vehicle, or from any registration
or other fee imposed in respect of any specified class or
description of motor vehicle brought into Malaysia by
persons making only a temporary stay therein; and
(e) generally for giving effect to any such agreement.
Licensing of Motor Drivers
Driving licences
26. (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 authorizing 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 not
exceeding one thousand ringgit or to imprisonment for a term not
exceeding three months or to both.
(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 authorizing such person in the course
of his duties as a member of the Forces to drive a motor vehicle
of the class or description specified in such licence and being a
vehicle which is the property of the Government or of any Government
whose forces are lawfully in Malaysia under the provisions of any
law for the time being in force regulating visiting forces lawfully
present in Malaysia.
Application for driving licence
27. (1) An application for a driving licence shall be made in the
prescribed form and manner to the Director of a registration area.
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39
(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 authorize 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 licence.
(5) Subject to this Act with respect to learners' driving licences,
a driving licence shall, unless previously revoked or surrendered,
remain in force for such period of not less than twelve months
from the date on which it is granted.
(6) A person shall, subject to any rules under this Act, be
disqualified from obtaining a driving licence--
(a) while another driving licence granted to him in Malaysia
or the Republic of Singapore is in force, whether such
licence is suspended or not;
(b) if he is, by conviction under this Part or by an order of
a court in Malaysia or the Republic of Singapore,
disqualified from holding or obtaining a driving licence;
(c) for a period of twelve months from the date of revocation
of the driving licence under section 35, 35A, 41, 42, 43,
44, 45, 45A, 45B or 45C.
(7) In any proceedings, the fact that a driving licence has been
granted to a person shall be evidence that that person for the
purpose of obtaining that driving licence made a declaration that
he was not disqualified from holding or obtaining the driving
licence.
(8) If any person is aggrieved by the refusal of a Director to
grant a driving licence, or by the revocation of a driving licence
under subsection 30(4) he may, after giving the Director fourteen
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ACT 333
days notice of his intention so to do, appeal to the Minister, and
on any such appeal the Minister may make such order as he thinks
fit and any order so made shall be binding on the Director.
Recognition of driving licences of other countries
28. 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 recognize
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.
Tests of competence to drive
29. (1) A driving licence shall not be granted to any applicant
unless he satisfies the Director that he has--
(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;
(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 authorizing
him to drive motor vehicles of the class or description
which he would be authorized, 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 licence issued by a competent authority
in any other country authorizing him to drive motor vehicles
of the class or description which he would be authorized,
by the driving licence for which he is applying, to drive,
and that tests of competence to drive comparable with
the tests as prescribed under this Act are in force in that
country:
Provided that paragraph (a), (b) or (c) shall not apply to any
Malaysian member of the Forces, who is in possession of a valid
driving licence duly issued by or on behalf of the proper authority
authorizing him in the course of his duties to drive motor vehicles
of the class or description which he would be authorized to drive;
and such person shall be entitled to a driving licence for that class
or description of vehicle on application and upon payment of the
prescribed fee.
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(1A) Notwithstanding the provision of this section, no driving
licence shall be granted to any applicant unless he satisfies the
Director that on the date on which he makes the application he has
no outstanding matter or case with the Road Transport Department
or the Police relating to any contravention of or offence against
this Act or the Commercial Vehicle Licensing Board Act 1987.
(2) For the purpose of enabling a person to learn to drive a
motor vehicle with a view to passing a test under this section, the
Director may, subject to section 27, grant him a learner's driving
licence.
(3) A learner's driving licence shall be in the prescribed form,
shall be granted subject to the prescribed conditions and shall be
valid for such period as may be prescribed.
(4) If any person to whom a learner's driving licence is granted
fails to comply with any of the conditions subject to which it is
granted, he shall be guilty of an offence.
(4A) Where the person who is holding a learner's driving licence
passes the prescribed tests of competence, the Director shall grant
him a probationary driving licence and such licence shall be in the
prescribed form and subject to the prescribed conditions and shall
be valid for two years.
(4B) Subsection (4A) shall not apply to a person who is a holder
of a driving licence, other than a learner's driving licence, of
another class or description.
(4C) If any person to whom a probationary driving licence is
granted fails to comply with any of the conditions subject to which
it is granted, he shall be guilty of an offence.
(5) The court before which a person is convicted of any offence
under section 42 or 43 may, whether he has previously passed the
prescribed test of competence or not, and whether or not the court
makes an order disqualifying him from holding or obtaining a
licence to drive a motor vehicle, order him to be disqualified from
holding or obtaining a driving licence, other than a learner's driving
licence, until he has, since the date of the order, passed a test of
competence to drive.
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(6) The provisions of this Act which have effect where an order
disqualifying a person from holding or obtaining a driving licence
is made shall have effect in relation to a disqualification by virtue
of an order under this section subject to the following modifications:
(a) notwithstanding subsection 27(6) or subsection 32(3),
the person disqualified shall (unless he is disqualified
from holding or obtaining a driving licence otherwise
than by virtue of an order under this section) be entitled
to obtain and to hold a learner's driving licence to be
granted (where the person disqualified is the holder of
a driving licence, by the Director by whom that driving
licence was granted) under subsection (2), and to drive
a motor vehicle in accordance with the conditions subject
to which the learner's driving licence is granted;
(b) the disqualification shall be deemed to have expired on
the Director being satisfied that the person has, since the
order was made, passed the prescribed test;
(c) on return to the person disqualified of any driving licence
held by him, or on the grant to him of such a licence,
there shall be added to the endorsed particulars a statement
that the person disqualified has, since the order was made,
passed the prescribed test.
Provisions as to physical fitness of applicants for and holders
of driving licence
30. (1) On an application for the grant of a driving licence by
an applicant mentioned in subsection 27(1), 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 authorized 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:
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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 carriage;
(b) the applicant may, except in the case of such diseases and
disabilities as may be prescribed, on payment of the
prescribed fee, claim to be subjected to a test by a registered
medical practitioner as to his fitness or ability to drive
a motor vehicle of any such class or description as he
would be authorized by the driving licence to drive, and
if he passes the prescribed test and is not otherwise
disqualified, the driving licence shall not be refused by
reason only of the provisions of this subsection, provided
that if the test proves his fitness to drive only motor
vehicles of a particular construction or design or in particular
circumstances the driving licence shall be limited to the
driving of such vehicles or to the driving of motor vehicles
of such construction and design or in such circumstances.
(3) If the holder of a driving licence, subsequent to the issue
thereof and during the currency thereof, to his knowledge suffers
from a disease or disability as may be prescribed or if he to his
knowledge suffers from any disease or physical disability as is
likely to cause the driving by him of a motor vehicle, being a
vehicle of any such class or description as he is authorized by the
driving licence to drive, to be a source of danger to the public,
such holder shall forthwith surrender his driving licence to the
Director for cancellation.
(4) If it appears to a Director that there is reason to believe that
any holder of a driving licence is suffering from a disease or
physical disability likely to cause the driving by him of a motor
vehicle, being a vehicle of any such class or description as he is
authorized by the driving licence to drive, to be a source of danger
to the public and, after making such enquiry as he considers necessary,
the Director is satisfied that the licence holder is suffering from
such a disease or disability as aforesaid then, whether or not the
licence holder so suffering as aforesaid has previously passed a
test under this section, the Director may, after giving to the licence
holder notice of his intention so to do, revoke the driving licence,
and the licence holder shall, on receipt of such notice, deliver the
driving licence to the Director for cancellation:
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Provided that the licence holder may, except in the case of such
diseases and disabilities as may be prescribed, claim to be subjected
to a test as to his fitness or disability to drive a motor vehicle, and
if he passes such test the driving licence shall not be revoked or,
if it has already been revoked, shall be returned to the licence
holder and the revocation thereof shall be rescinded.
Disqualification for offences
31. (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
of the same class or description as the motor vehicle in respect of
which the offence was committed.
(2) A person who by virtue of an order of a court under this
Part is disqualified from holding or obtaining a driving licence
may appeal against the order in the same manner as against a
conviction, and the court may, if it thinks fit, pending the appeal,
suspend the operation of the order.
Suspension of driving licence upon disqualification
32. (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.
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(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 the court
thinks that having regard to the special circumstances of
the case it is not necessary to impose a sentence of
imprisonment for the offence.
(4) A driving licence obtained by such person disqualified as
aforesaid shall be of no effect.
(5) For the purposes of this section, reference to a conviction
or order shall include a reference to a conviction or order under
this Part and to any conviction or order under the provisions of
any corresponding written law in the Republic of Singapore.
Application to remove disqualification
33. (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 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.
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Endorsements on driving licence
34. (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 shall within
five days after so obtaining the driving licence produce
it to the court for the purpose of endorsement,
and if he fails to do so he shall be guilty of an offence; and if the
driving licence is not produced for the purpose of endorsement
within such time as aforesaid it shall be suspended from the expiration
of such time until it is produced for the purpose of endorsement.
(3) On the issue of a new driving licence to any person the
particulars endorsed on any previous driving licence held by him
shall be copied on to the new driving licence unless he has previously
become entitled under this section to have a driving licence issued
to him free from endorsements.
(4) If any person whose driving licence has been ordered to be
endorsed and who has not previously become entitled under this
section to have a driving licence issued to him free from endorsement
applies for or obtains a driving licence without giving particulars
of the order, he 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, and
any driving licence so obtained shall be of no effect.
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(5) Where an order has been made in respect of any person
under this Part requiring the endorsement of any driving licence
held by him, such person shall be entitled, either on applying for
the grant of a driving licence under this Part or, subject to the
payment of the prescribed fee and the surrender of any subsisting
driving licence, on application at any time, to have issued to him
a new driving licence free from endorsements--
(a) if he has, during a continuous period of three years or
upwards since the order was made, had no such further
order made against him, or no such order other than an
order made more than one year before the date of his
application and by reason only of a conviction for the
offence of driving a motor vehicle at a speed exceeding
a speed limit; or
(b) where the order was made by reason only of such conviction
as aforesaid and, immediately before the order was made
he was the holder of, or was entitled to have issued to
him, a driving licence free from any endorsements except
of particulars in relation to such a conviction as aforesaid,
and if he has, during a continuous period of one year or
upwards since the order was made, had no order requiring
endorsement made against him:
Provided that in reckoning the said continuous periods of three
years and one year, respectively, any period during which the
applicant was by virtue of the order disqualified from holding or
obtaining a licence shall be excluded.
(6) Where a court orders particulars to be endorsed on a driving
licence held by any person, or where, by a conviction or order of
a court, a person is disqualified from holding or obtaining a driving
licence, the court shall send notice of the conviction or order to
a Director and shall, on the production of the driving licence for
the purpose of endorsement, retain the driving licence and forward
it to a Director, and such Director shall, in the case where particulars
are ordered to be endorsed on a driving licence by the court, return
the licence to the person after making the endorsement or, in the
case where a person is disqualified from holding or obtaining a
driving licence, keep the licence until such time as the disqualification
has expired or been removed and the person entitled to the driving
licence has made a demand in writing for its return to him.
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(7) Where the disqualification to which a person has become
subject is limited to the driving of a motor vehicle of a particular
class or description, the Director to whom that person's driving
licence has been forwarded under subsection (6) shall forthwith,
after the receipt thereof, issue to that person a new driving licence
in which there shall be indicated, in the prescribed manner, the
class or classes of motor vehicles which the holder is permitted
to drive and which the holder of the driving licence is not thereby
authorized to drive, and the driving licence so issued shall remain
in force either for the unexpired period of the original driving
licence or for the period of the disqualification, whichever is the
shorter.
(8) Where on an appeal against any such order the appeal is
allowed or where any such conviction is quashed, the court by
which the appeal is allowed or the conviction is quashed shall send
notice to the Director who granted the licence, and the Director
or other officer of the court shall, as may be necessary, cancel or
amend any endorsement on the driving licence concerned.
Endorsement where driving licence is incorporated in a
multipurpose electronic card or device
34A. (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 authorized in writing in that
behalf by the Director General, for the inclusion in the data stored
in the card or device of the particulars of the conviction or
disqualification of that person and the Director or such authorized
officer shall, after such inclusion, immediately return the card or
device to the person.
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Power of Director General to suspend or revoke a driving
licence
35. (1) Notwithstanding anything contained in this Act, the Director
General shall 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.
(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:
Provided that such rules may make provision, where points have
been awarded against any person, for a scheme for such points to
be reduced on the ground of the good conduct and habits over a
specified period of that person as a driver of a motor vehicle and
for requiring any such person to undergo such course as the Director
General may prescribe.
(3) The rules made under subsection (2) shall specify the
maximum number of points to be awarded against a person before
it may be established that it would not be in the interests of public
safety for him to hold a driving licence or that such person is not
competent to drive a motor vehicle.
(4) The power conferred upon the Director General by this
section to suspend the driving licence of a person shall be exercised
at such time after the maximum number of points referred to in
subsection (3) has been awarded against such person as the Director
General considers fit.
(4A) The powers conferred upon the Director General to revoke
the driving licence of a person under this section shall be exercised
at such time after the driving licence of such person has been
suspended under subsection (4) for the third time in a period of
five years.
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(5) (Deleted by Act A973).
(6) Where the person is disqualified by an order of a court from
holding or obtaining a driving licence for such period of time as
may be specified in such order, every point awarded against him
under the rules made under subsection (2) shall thereupon be
cancelled.
(7) (Deleted by Act A973).
(8) For the purposes of this section, a person shall be deemed
to have committed an offence under this Act if he pays the prescribed
penalty for that offence under section 119.
(9) For the purposes of this section, "driving licence" shall not
include a probationary driving licence.
Power of Director General to revoke a probationary driving
licence
35A. (1) Notwithstanding anything contained in this Act, the Director
General shall 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.
(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 any rules made thereunder:
Provided that such rules may make provision for requiring any
such person to undergo such course as the Director General may
prescribe.
(3) The rules made under subsection (2) shall specify the
maximum number of points to be awarded against a person before
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it may be established that it would not be in the interests of public
safety for him to hold a driving licence or that such person is not
competent to drive a motor vehicle.
(4) The power conferred upon the Director General by this
section to revoke the driving licence of a person shall be exercised
at such time after the maximum number of points referred to in
subsection (3) has been awarded against such person as the Director
General considers fit.
(5) Where the person whose probationary driving licence has
been revoked is disqualified by an order of a court from holding
or obtaining a driving licence for such period of time as may be
specified in such order, every point awarded against him under the
rules made under subsection (2) shall thereupon be cancelled.
(6) For the purposes of this section, a person shall be deemed
to have committed an offence under this Act if he pays the prescribed
penalty for that offence under section 119.
Power to suspend driving licence of drug dependant
36. (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) F o r 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, the police officer or Rehabilitation
Officer shall, within a period of two weeks, so notify and deliver
the driving licence to the Director General who shall inform the
drug dependant in writing of the intention to suspend or disqualify.
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(4A) Subsection (3) and the provisions of subsection (4) in
relation to the delivery of a driving licence detained under subsection
(3) shall not apply to a driving licence incorporated in a multipurpose
electronic card or device.
(5) The suspension or disqualification shall take effect on the
date such person is certified as a drug dependant.
(6) If a person satisfies the Director General that he is no
longer a drug dependant, the Director General shall remove the
suspension or disqualification, as the case may be, and return to
such person any driving licence detained under this section.
(7) In this section, "drug dependant" and "Rehabilitation Officer"
shall have the same meaning as in the Drug Dependants (Treatment
and Rehabilitation) Act 1983 [Act 283].
Licensee may show cause why driving licence should not be
suspended or revoked
37. (1) The Director General shall, before suspending or revoking
a driving licence of a person under section 35 or 35A, give the
person concerned notice in writing of his intention so to do, specifying
a date, not less than fourteen days after the date of the notice, upon
which such suspension or revocation shall be made and calling
upon the person to show cause to the Director General why such
driving licence should not be suspended or revoked.
(2) Upon the person failing to show cause within the period
referred to in subsection (1) and if the Director General decides
to suspend or revoke the driving licence of such person pursuant
to section 35 or 35A, the Director General shall forthwith inform
the person by notice in writing of such suspension or revocation.
(3) A person may, within fourteen days of the receipt of the
notice referred to in subsection (2), or within such extended period
of time as the Minister may allow, appeal in writing against such
suspension or revocation to the Minister whose decision on it shall
be final.
(4) An order of suspension or revocation under section 35 or
35A shall not take effect until the expiration of a period of fourteen
days after the Director General has informed the person concerned
of the order.
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(5) If within that period the person concerned appeals to the
Minister, the order shall not take effect unless the order is confirmed
by the Minister or the appeal is for any reason dismissed by the
Minister.
Surrender and return of driving licence
38. (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.
(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.
(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 and the points awarded against him if any,
shall be cancelled.
(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.
(4) Any person whose driving licence has been suspended or
revoked under section 35 or 35A shall not, during the period of
suspension or upon the revocation, drive a motor vehicle on a road
under any other driving licence issued by any authority or otherwise.
(5) Any person who drives a motor vehicle on a road when his
driving licence is suspended or revoked under section 35 or 35A
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.
Driving and Offences in Connection Therewith
Restriction on driving by young persons
39. (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.
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(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 licence to drive such motor vehicle,
if any, as he is not by this section forbidden to drive.
(5) Any person who drives, or causes or permits any person to
drive, a motor vehicle in contravention of this section 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.
Exceeding speed limit
40. (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 not exceeding one 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 render 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.
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Causing death by reckless or dangerous driving
41. (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 two
years and not more than ten years and to a fine not less than five
thousand ringgit and not more than twenty thousand ringgit.
(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 disqualified
from holding or obtaining a driving license for a period of **not
less than three years from the date of the conviction and, in the
case of a second or subsequent conviction, be disqualified for a
period of ten years from the date of conviction.
(3A) Notwithstanding subsection (1), where a person who is a
holder of a probationary driving licence is convicted under this
section, the court shall revoke his driving licence.
(4) The court may upon the trial of a person for an offence
under this section convict such person of an offence under section
42 or 43.
(5) Notwithstanding anything in any written law for the time
being in force, the court before which a person is charged with an
offence under this section shall order the immediate confiscation
of the driving licence of that person and shall order the suspension
of the license commencing from the date the charge is first read
to that person and such suspension shall have effect--
(a) until the court makes a final decision on the charge; and
(b) as if the suspension is the suspension referred to in
section 32.
(5A) If the driving licence of the person referred to in subsection
(5) is incorporated in a multipurpose electronic card or device, the
order of the court under that subsection shall be deemed to have
*NOTE--previously "liable to a fine not exceeding ten thousand ringgit or to imprisonment for
a term not exceeding five year or to both"see Act A1065
**NOTE--previously "twelve months"see Act A1065
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been complied with if the particulars of the order 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.
(5B) Notwithstanding subsection (5A), the Director may direct
the person referred to in subsection (5) to surrender, within such
period as the Director may specify, the multipurpose electronic
card or device in which the driving licence is incorporated to him,
or to a road transport officer authorized in writing in that behalf
by the Director General, for the inclusion in the data stored in the
card or device the particulars of the order of the court made under
subsection (5) and the Director or such authorized officer shall,
after such inclusion, immediately return the card or device to the
person.
Reckless and dangerous driving
42. (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.
(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 disqualified
from holding or obtaining a driving licence for a period of not less
than **two years from the date of the conviction and, in the case
of a second or subsequent conviction, be disqualified for a period
of ten years from the date of the conviction.
(4) Notwithstanding subsection (1), where a person who is a
holder of a probationary driving licence is convicted under this
section, the court shall revoke his driving licence.
*NOTE--previously "liable to a fine not exceeding six thousand ringgit or to imprisonment for a
term not exceeding three years or to both and, in the case of a second or subsequent conviction,
to a fine not exceeding ten thousand ringgit or to imprisonment for a term not exceeding five years
or to both"see Act A1065
**NOTE--previously "twelve months"see Act A1065
Road Transport
57
Careless and inconsiderate driving
43. (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 four
thousand ringgit and not more than ten thousand ringgit and shall
also be liable to imprisonment for a term not exceeding twelve
months.
(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 shall exercise the power conferred by this Part ordering
that the offender shall be disqualified from holding or obtaining
a driving licence unless the court having regard to the lapse of time
since the date of the previous or last previous conviction or for
any other reason (which reason shall be stated in the order), thinks
fit to order otherwise, but this provision shall not be construed as
affecting the right of the court to exercise the power aforesaid on
a first conviction.
(4) Notwithstanding subsection (1), where a person who is a
holder of a probationary driving licence is convicted under this
section, the court shall revoke his driving licence.
Driving while under the influence of intoxicating liquor or
drugs
44. (1) 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 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 or injury to any person shall be guilty of
an offence and **shall, on conviction, be punished with imprisonment
*NOTE--previously "liable to a fine not exceeding two thousand ringgit or to imprisonment for
a term not exceeding six months"see Act A1065
**NOTE--previously "liable to a fine not exceeding 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 one year or to
both"see Act A1065
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for a term of not less than three years and not more than ten years
and to a fine of not less than eight thousand ringgit and not more
than twenty thousand ringgit.
(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 disqualified
from holding or obtaining a driving licence for a period of *not
less than five years from the date of the conviction and, in the case
of a second or subsequent conviction, be disqualified for a period
of ten years from the date of the conviction.
(4) Notwithstanding subsection (1), where a person who is a
holder of a probationary driving licence is convicted under this
section, the court shall revoke his driving licence.
(5) Notwithstanding anything in any written law for the time
being in force, the court before which a person is charged with an
offence under this section shall order the immediate confiscation
of the driving licence of that person and shall order the suspension
of the licence commencing from the date the charge is first read
to that person and such suspension shall have effect--
(a) until the court makes a final decision on the charge; and
(b) as if the suspension is the suspension referred to in section
32.
(5A) If the driving licence of the person referred to in subsection
(5) is incorporated in a multipurpose electronic card or device, the
order of the court under that subsection shall be deemed to have
been complied with if the particulars of the order 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.
(5B) Notwithstanding subsection (5A), the Director may direct
the person referred to in subsection (5) to surrender, within such
period as the Director may specify, the multipurpose electronic
card or device in which the driving licence is incorporated to him,
or to a road transport officer authorized in writing in that behalf
by the Director General, for the inclusion in the data stored in the
card or device the particulars of the order of the court made under
subsection (5) and the Director or such authorized officer shall,
after such inclusion, immediately return the card or device to the
person.
*NOTE--previously "not less than twelve months"see Act A1065
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59
Being in charge of motor vehicles when under the influence of
intoxicating liquor or drugs
45. (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 not exceeding *one thousand
ringgit and shall also be liable to imprisonment for a term not
exceeding three months and, in the case of a second or subsequent
conviction, a fine of not less than two thousand ringgit and not
more than six thousand ringgit and shall also be liable to imprisonment
for a term not exceeding twelve months:
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--
(a) that at the material time the circumstances were such that
there was no likelihood of his driving the vehicle so long
as he remained so unfit to drive; and
(b) that between his becoming so unfit to drive and the material
time he had not driven the vehicle on a road or other
public place.
(2) On a second or subsequent conviction of an offence under
this section, the offender shall, unless the court for special reasons
thinks fit to order otherwise and without prejudice to the power
of the court to order a longer period of disqualification, be disqualified
for a period of twelve months from the date of conviction from
holding or obtaining a driving licence.
(3) Where a person convicted of an offence under this section
has been previously convicted of an offence under section 44, he
shall be treated for the purpose of this section as having been
previously convicted under this section.
(4) Notwithstanding subsection (1), where a person who is a
holder of a probationary driving licence is convicted under this
section, the court shall thereupon revoke his driving licence.
*NOTE--previously "liable to a fine not exceeding five hundred ringgit or to imprisonment for
a term not exceeding one month, and in the case of a second or subsequent conviction, to a fine
not exceeding one thousand ringgit or to imprisonment for a term not exceeding three months or
to both"see Act A1065
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Driving or being in charge of a motor vehicle with alcohol
concentration above prescribed limit
45A. (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 a fine of *not less than one thousand ringgit and
not more than six 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, a fine of not less than
two thousand ringgit and not more than ten thousand ringgit and
shall also be liable to imprisonment for a term not exceeding two
years.
(2) It is a defence for 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 breath, blood or urine
remained likely to exceed the prescribed limit.
(3) On a second or subsequent conviction of an offence under
this section, the offender shall, unless the court for special reasons
thinks fit to order otherwise and without prejudice to the power
of the court to order a longer period of disqualification, be disqualified
for a period of not less than twelve months from the date of
conviction from holding or obtaining a driving licence.
(4) Notwithstanding subsection (1), where a person who is a
holder of a probationary driving licence is convicted under this
section, the court shall thereupon revoke his driving licence.
Breath test
45B. (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,
*NOTE--previously "liable to a fine not exceeding two thousand ringgit or to imprisonment for
a term not exceeding six months or to both 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 one year
or to both"see Act A1065
Road Transport
61
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 (1)(b) 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 conducted
by the police officer making the requirement or any other police
officer.
(4) A person who, without reasonable excuse, fails to provide
a specimen of breath when required to do so in pursuance of this
section 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 six 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, a fine of not less than two thousand
ringgit and not more than ten thousand ringgit and shall also be
liable to imprisonment for a term not exceeding two years.
(4A) On a second or subsequent conviction of an offence under
this section, the offender shall, unless the court for special reasons
thinks fit to order otherwise and without prejudice to the power
of the court to order a longer period of disqualification, be disqualified
for a period of not less than twelve months from the date of
conviction from holding or obtaining a driving licence.
(4B) Notwithstanding subsections (4) and (4A), where a person
who is a holder of a probationary driving licence is convicted
under this section, the court shall revoke his driving licence.
(5) A police officer in uniform may arrest a person without
warrant if--
(a) as a result of a breath test he has reasonable cause to
suspect that the proportion of alcohol in that person's
breath, blood or urine exceeds the prescribed limit; or
(b) that person has failed to provide a specimen of breath for
a breath test when required to do so in pursuance of this
section and the police officer has reasonable cause to
suspect that he has alcohol in his body,
*NOTE--previously "liable to a fine not exceeding two thousand ringgit or to imprisonment for
a term not exceeding six months or to both and, in the case of a second or subsequent conviction
offence, to a fine not exceeding four thousand ringgit or to imprisonment for a term not exceeding
one year or to both" see Act A1065
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but a person shall not be arrested by virtue of this subsection when
he is at a hospital as a patient.
Provision of specimen for analysis
45C. (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 un