Road Transport Act 1987 [Act 333]

Part II   cite [+]

CLASSIFICATION, REGISTRATION AND LICENSING OF MOTOR VEHICLES AND DRIVERS

Classification of Motor Vehicles

5 Classification of motor vehicles   cite [+]

(1) For the purposes of this Act, motor vehicles shall be divided into the following classes:

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

(b) motor cycles; that is to say, motor vehicles with less than four wheels, and the unladen weight of which does not exceed four hundred and fifty kilogrammes;

(c) tractors heavy; that is to say, motor vehicles not constructed to carry any load (other than water, fuel, accumulators and other equipment and materials used for the purposes of propulsion, loose tools and loose equipment), the unladen weight of which exceeds five thousand kilogrammes;

(d) tractors light; that is to say, 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 does not exceed three thousand five hundred kilogrammes;

(f) 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 does not exceed three thousand five hundred 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;

(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.

6 Prohibition of motor vehicles not complying with rules   cite [+]

(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.

(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

7 Registration of motor vehicles and owners   cite [+]

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

(2) Subsection (1) shall not apply in the case of-

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

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

(c) a motor vehicle which is being driven to or from any place specified by a road transport officer for inspection or testing, or while it is being tested by a road transport officer, or while it is being driven to or from any place specified by a road transport officer for the purpose of registration, and while being so driven or tested is carrying a means of identification in accordance with this Act;

(d) a 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 and the Land Public Transport Act 2010.


(3) 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.

8 Keeping of register   cite [+]

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.

9 Keeping of accounts by licensed registrar   cite [+]

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.

10 Applications for registration   cite [+]

(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:


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

(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.

11 Registration numbers   cite [+]

(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;

(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.


(1A) 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.

(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.

12 Inspection of motor vehicles and information to Director General   cite [+]

(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 inspected and, if necessary, to be weighed and measured and after registration may at any time require a motor vehicle to be brought as aforesaid if he has reason to believe-

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

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

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

(d) that the weight, dimensions, character, construction, colour, identifying particulars or seating accommodation have been altered after the registration thereof.


(2) The registered owner of a motor vehicle shall forthwith inform the Director 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.

(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.

13 Procedure on change of possession of motor vehicles   cite [+]

(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 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.

14 Display of registration number   cite [+]

(1) The registration number assigned to a motor vehicle upon registration or a new registration number assigned under section 11 shall be displayed and illuminated on the number plate in the manner prescribed by rules made under this Act.

(2) (Deleted by Act A1391).

(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 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.


Important Notice: Legislation from this website is not a copy of the Gazette printed by the Government Printer, Percetakan Nasional Malaysia Berhad, for the purposes of section 61 of the Interpretation Acts 1948 and 1967 [Act 388] and does not constitute prima facie evidence of the contents of the Gazette by virtue of the section.

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