*AKTA PENGANGKUTAN JALAN 1987

) The Minister may appoint different dates for the coming into force of different Parts and provisions of this Act.

) This Act shall apply throughout Malaysia.

12 Laws of Malaysia ACT 333

Interpretation

equipment ordinarily used with the vehicle;

articles of merchandise carried by a person on or in the vehicle solely for the purpose of exhibition as samples;

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

and the Land Public Transport Act 2010 [Act 715];

“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];

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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;

“Mayor of a City Council” includes Commissioner of a City and

“Mayor” shall be construed accordingly;

“member of the Forces” means—

a member of the Armed Forces;

a police officer;

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;

“micromobility vehicle” means any vehicle that is propelled by electrical means, an internal-combustion engine or human power or a combination of electrical means, an internal-combustion engine or human power, and having a maximum speed of 50 km/h;

“Minister” means the Minister charged with responsibility for transport;

16 Laws of Malaysia ACT 333

“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;

“Municipal Council” means a Municipal Council for a local authority area that has been declared and determined in accordance with paragraph 3(d) of the Local Government Act 1976 [Act 171], paragraph 6(1)(cc) of the Local Government Ordinance 1961

[Sabah No. 11 of 1991] and paragraph 3(1)(e) of the Local Authorities

Ordinance 1966 [Sarawak Cap. 20];

“scheduled offence” means an offence prescribed under the

First Schedule;

“owner”—

in relation to a motor vehicle registered or deemed to be registered under this Act, means the registered owner of such vehicle; and

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;

“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”—

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;

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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;

in relation to a private car, does not include the driver;

“Perbadanan

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;

“prescribe”, where no mode is mentioned, means to prescribe by rules made under this Act;

“President” means the President of the Perbadanan Putrajaya appointed under section 5 of the Perbadanan Putrajaya Act 1995

[Act 536];

“President of a Municipal Council” means the President as defined in section 2 of the Local Government Act 1976 [Act 171];

“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 and the Land Public Transport Act 2010;

18 Laws of Malaysia ACT 333

“recorded image” means any visual (whether still or moving)

images recorded, expressed, described or howsoever represented, including any information stated therein;

“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—

any public road and any other road to which the public has access and includes bridges, tunnels, lay-bys, ferry 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;

for the purposes of sections 70 and 85, also includes a road under construction; and

for the purpose of sections 41, 42, 43, 44, 45 and 45A, also includes a parking place;

“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;

“tourist guide” shall have the same meaning as assigned to that expression in the Tourism Industry Act 1992 [Act 482];

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“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 micromobility vehicles, 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, the Perbadanan Putrajaya, the Mayor of a City

Council, the President of a Municipal Council or the Chairman of a

Municipal Council under section 3;

“trailer” shall have the same meaning as assigned to it in subsection 5(1);

“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;

“vocational licence” means a licence to drive or act as a conductor granted under sections 56 and 57;

“weighing machine” includes a portable weighing machine, a static weighing machine and a computerized or electronic weigh in-motion system;

20 Laws of Malaysia ACT 333

“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

) The Director General shall have the general supervision and direction of all matters relating to road transport throughout Malaysia.

) The Minister may, by order published in the Gazette, prescribe—

uniforms and rank markings for any road transport officer; and

the authority card and badge to be carried by any road transport officer.

) 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.

) The Perbadanan Putrajaya may appoint such number of persons in the service of the Perbadanan Putrajaya as it 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.

) The Mayor of a City Council, the President of a Municipal

Council or the Chairman of a Municipal Council may appoint such number of persons in the service of the City Council or the Municipal

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Council 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.

) The Director General shall perform the duties and exercise the rights and powers imposed and conferred upon him by this Act.

) The Director General, all road transport officers and all traffic wardens appointed under this section, and all public officers and officers of the Authority authorized under section 88D shall be deemed to be public servants for the purposes of Chapter X of the

Penal Code [Act 574].

) The Director General shall assign a Director to each registration area or each division of the Road Transport Department.

) 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.

) 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, President of a Municipal Council,

Chairman of a Municipal Council, officers of City Council or

Municipal Council, etc.

) 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.

22 Laws of Malaysia ACT 333

) 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 by this

Act on the Dato Bandar or traffic warden, as the case may be, as if—

references to “Dato Bandar” were references to the

Mayor of the City Council;

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;

references to the “Federal Territory of Kuala Lumpur”

were references to that City.

) The Minister may, by order published in the Gazette, upon application being made by the President of a Municipal Council or the Chairman of a Municipal Council, authorize the President of the

Municipal Council, the Chairman of the Municipal Council and the officers or persons in the service of the Municipal Council to exercise the powers conferred and to perform the duties imposed by this Act on the President of the Municipal Council, the Chairman of the

Municipal Council or traffic warden, as the case may be.

) An order made under subsection (3A) may limit the powers to be conferred on and the duties to be performed by the President of a

Municipal Council, the Chairman of a Municipal Council and the officers or persons in the service of the Municipal Council.

) Upon authorization being made under subsection (3A), the

President of a Municipal Council, the Chairman of a Municipal

Council and the officers or persons in the service of the Municipal

Council may exercise the powers conferred and perform the duties imposed by this Act on the President of a Municipal Council, the

Chairman of a Municipal Council or traffic warden, as the case may be.

) (Deleted by Act A1585).

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Powers and duties of Dato Bandar, etc.

invalid carriages; that is to say, motor vehicles, the unladen weight of which does not exceed three thousand five hundred kilogrammes, which are specially designed and constructed or adapted for the use of a person suffering from some physical defect or disability and used solely by such a person;

24 Laws of Malaysia ACT 333

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;

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;

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”;

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 five hundred kilogrammes;

motor cars; that is to say, motor vehicles (not falling within the definition of “motorcycles”), which are constructed to carry a load or passengers and the unladen weight of which does not exceed three thousand five hundred kilogrammes;

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;

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”;

pedestrian controlled vehicles; that is to say, motor vehicles constructed for the purpose of carrying a load or

Road Transport 25

passengers and controlled by a person not seated or mounted on such a vehicle;

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;

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.

) 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.

) Any reference in this Part to a class of motor vehicles shall include a reference to any subdivision of such a class.

) 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

) The Minister may revoke, vary or amend any notification made under this section.

) 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.

) 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.

) 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

) No person shall possess or use a motor vehicle unless that vehicle is registered in accordance with this Part.

) Subsection (1) shall not apply in the case of—

Road Transport 27

an unregistered motor vehicle which is owned by and in the possession of a dealer for the purpose of sale;

a motor vehicle which is lawfully used under the authority of a motor vehicle trade licence granted to a manufacturer or repairer of or dealer in motor vehicles under section 22;

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;

a motor vehicle lawfully brought into Malaysia in accordance with section 21 or with rules made under section 25;

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 and the

Land Public Transport Act 2010.

) Any person who contravenes subsection (1) shall be guilty of an offence and shall on conviction be liable to a fine of not less than two thousand ringgit and not more than ten thousand.

Keeping of register

) 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.

) No motor vehicle shall be registered unless—

such vehicle bears a clear, distinct and untampered engine and chassis number; and

the prescribed fee has been paid:

Provided that paragraph (a) shall not apply to any electric motor vehicle which has no engine number.

) 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.

) 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

Road Transport 29

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.

) 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

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;

register the person by whom the application for registration was made as the owner of the motor vehicle; and

issue to that person a registration certificate in the prescribed form.

30 Laws of Malaysia ACT 333

) Notwithstanding paragraph (1)(a), the Director may, subject to any terms and conditions as may be prescribed by the Director

General, and on payment of the prescribed fee, re-assign to the registered owner the registration number of any motor vehicle which has been reported to be lost, stolen, broken up, destroyed, or sent permanently out of Malaysia:

Provided that the registration number shall be re-assigned to a motor vehicle which has not been previously registered.

) 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.

) 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—

such one of those persons as may be nominated by them in the prescribed manner for the purpose of such registration; or

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.

) 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.

) 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

Road Transport 31

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

that the motor vehicle does not comply with the requirements of this Act;

that any information furnished to him in respect of the motor vehicle is false, incorrect or misleading;

that the motor vehicle is not in a serviceable condition; or

that the weight, dimensions, character, construction, colour, identifying particulars or seating accomodation have been altered after the registration thereof.

) 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.

) 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.

) The registered owner of a motor vehicle shall, whenever required by a Director so to do—

32 Laws of Malaysia ACT 333

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

forthwith forward or deliver to the Director the registration certificate relating to such motor vehicle.

) 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.

) 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

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;

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

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

Road Transport 33

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.

) On any change of possession of a motor vehicle otherwise than on a voluntary transfer made by the registered owner—

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;

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 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;

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

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.

34 Laws of Malaysia ACT 333

) 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.

Interim change of possession of motor vehicles

) The Director shall, upon receipt of the application and payment of the fee under subsection (1), make the necessary entries in the register relating to the interim change of possession.

) The interim change of possession shall be effective for a prescribed period.

) Where the dealer has not sold the motor vehicle to any person upon the expiration of the period prescribed under subsection (3), the dealer shall be registered as the new owner of the motor vehicle.

) For the purposes of subsection (4), the Director shall make the necessary alterations in the register and the registration certificate relating to the motor vehicle and shall deliver the altered registration certificate to the dealer.

) For the purposes of this section, “dealer” means a company incorporated under the Companies Act 2016 [Act 777] or a business registered under the Registration of Business Act 1956 [Act 197]

which deals in secondhand motor vehicles.

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Display of registration number

) (Deleted by Act A1391).

) 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.

) If a registration number is not displayed in accordance with this section, the driver or person in charge of the vehicle while it is being used shall be guilty of an offence and shall on conviction be liable to a fine of not less than three hundred ringgit and not more than three thousand ringgit.

Licensing of Motor Vehicles

Motor vehicle licences

) 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.

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) 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.

) 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 of not less than three hundred ringgit and not more than five thousand ringgit.

) For the purposes of this section, “laid up” means to put away and to cease to use on the road.

Requirements for application

) Every applicant for a motor vehicle licence shall furnish such particulars and produce such evidence as may be prescribed and in particular that either—

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

such motor vehicle is a vehicle to which, by reason of subsection 90(5), section 90 does not apply.

) 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

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;

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;

the prescribed fee has been paid; and

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:

Provided that paragraph (b) shall not apply to any electric motor vehicle which has no engine number.

(Deleted by Act A891).

)

(Deleted by Act A891).

38 Laws of Malaysia ACT 333

) 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.

) 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, the Land Public Transport Act 2010 or of any of the statutory conditions specified therein shall be deemed to be a use of such vehicle in an unlawful manner.

) 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.

) 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.

) 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

Road Transport 39

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.

) 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).

) 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

) 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

) 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.

) Any person who contravenes this section shall be guilty of an offence.

Visitors’ licence

) A visitor’s licence shall—

be expressed to expire not later than ninety days from the date of arrival of such vehicle in Malaysia and shall not be renewable;

Road Transport 41

not be granted in respect of a tractor heavy, goods vehicle or public service vehicle;

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;

not be granted in respect of a motor vehicle to which section 25 applies.

) 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.

) The fee for a licence granted under this section shall be as prescribed.

) Any person who drives a motor vehicle into Malaysia without a valid visitor’s licence shall be guilty of an offence.

Motor vehicle trade licences

) The holder of a motor trade licence granted under this section shall not be entitled by virtue of such licence—

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

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to use any motor vehicle for any purpose other than such purposes as may be prescribed.

) 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.

) 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.

) A motor trade licence shall not be assigned or transferred.

) Subsections 17(2) and (5) shall apply to a motor trade licence as they apply in respect of a motor vehicle licence.

) 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.

) Any person who contravenes this section shall be guilty of an offence and shall on conviction be liable to a fine of not less than three thousand ringgit and not more than ten thousand ringgit or to imprisonment for a term not exceeding one year or to both.

Other offences in connection with registration and licensing of motor vehicles

) 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 of not less than one thousand ringgit and not more than ten thousand ringgit or to imprisonment for a term not exceeding two years or to both.

) 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.

) 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.

) No court shall take cognizance 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

) 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.

) In any prosecution under this section, a certificate purporting to be signed by a Director stating that—

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

the accused had failed to comply with such requirement, shall be sufficient evidence of the facts stated therein.

International certificates

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;

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

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drivers entering Malaysia for the purpose of driving any such vehicles;

for providing that any provisions of this Act shall, in relation to motor vehicles brought into Malaysia by persons making only a temporary stay therein, have effect subject to such modifications and adaptations as may be prescribed;

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

generally for giving effect to any such agreement.

Licensing of Motor Drivers

Driving licences

) Any person who contravenes subsection (1) shall be guilty of an offence and shall on conviction be liable to a fine of not less than three hundred ringgit and not more than two thousand ringgit or to imprisonment for a term not exceeding three months or to both.

) 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

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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

) 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.

) 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.

) 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.

) 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.

) A person shall, subject to any rules under this Act, be disqualified from obtaining a driving licence—

while another driving licence granted to him in Malaysia or the Republic of Singapore is in force, whether such licence is suspended or not;

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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;

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.

) 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.

) 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 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.

Register of holders of driving licence

) The register shall be in such form and contain such information, details and particulars as the Director General may direct.

Recognition of driving licences of other countries

held a probationary driving licence for a period of two years and makes the application within one year after the expiry of that period;

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

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.

) 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.

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) 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.

) 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.

) 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.

) 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.

) 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.

) 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.

) 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.

) 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:

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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;

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;

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

) If from the declaration it appears that the applicant is suffering from any such disease or disability as aforesaid, the Director shall refuse to grant him the driving licence:

Provided that—

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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;

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.

) 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.

) 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

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shall, on receipt of such notice, deliver the driving licence to the

Director for cancellation:

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

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

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.

) 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

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court may, if it thinks fit, pending the appeal, suspend the operation of the order.

Suspension of driving licence upon disqualification

) A driving licence suspended by virtue of this Part shall during the time of suspension be of no effect.

) 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—

to imprisonment for a term not exceeding one year; or

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.

) A driving licence obtained by such person disqualified as aforesaid shall be of no effect.

) 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.

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Application to remove disqualification

) 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.

Endorsements on driving licence

) Where a court orders the particulars of any conviction or of any disqualification to which the convicted person has become subject to be endorsed—

in the case of the convicted person being at the particular time the holder of a driving licence, the endorsement shall be deemed to have been made if the particulars required to be endorsed in the driving licence have been entered into the database maintained by or on behalf of

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the Director General of the driving licences granted under this Act and holders of such driving licences; and

in the case of the convicted person not being then the holder of a driving licence, the Director General shall endorse the disqualification to obtain a driving licence under section 38.

) (Deleted by Act A1391).

) (Deleted by Act A1391).

) 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, on application at any time, to have issued to him a new driving licence free from endorsements—

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

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

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applicant was by virtue of the order disqualified from holding or obtaining a licence shall be excluded.

) (Deleted by Act A1391).

) (Deleted by Act A1391).

) 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

) 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

) For the purpose of establishing that it would not be in the interests of public safety for a person to hold a driving licence or that such person is not competent to drive a motor vehicle, the Minister may make rules establishing a system of awarding points against a person for the commission of an offence under this Act or a person who has been compounded under this Act and has paid the compound:

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.

) 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.

) The power conferred upon the Director General by this section to suspend the driving licence of a person may 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.

) The powers conferred upon the Director General to revoke the driving licence of a person under this section shall be exercised at

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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.

) (Deleted by Act A973).

) 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.

) (Deleted by Act A973).

) (Deleted by Act A1512).

) (Deleted by Act A1512).

) 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

) 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 or a person who has been compounded under this

Act and has paid the compound:

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Provided that such rules may make provision for requiring any such person to undergo such course as the Director General may prescribe.

) 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.

) 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.

) 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.

) (Deleted by Act A1512).