Licensing of Motor Vehicles
15 Motor vehicle licences cite [+]
(1) No person shall use or cause or permit to be used a motor vehicle in respect of which there is not in force a motor vehicle licence granted under this Act: Provided that a motor vehicle lawfully brought into Malaysia in accordance with section 21 or 25 or in accordance with any rules made thereunder, shall be deemed to be a motor vehicle in respect of which a licence granted under this Act is in force.
(2) Subsection (1) shall not apply to a motor vehicle which has been laid up:
Provided that a declaration has been made to the Director, in the prescribed form, that such vehicle has been laid up.
(3) Where a motor vehicle referred to in subsection (2) is subsequently found to be used or caused or permitted to be used, such vehicle shall not, for the purposes of this section, be deemed to have been laid up.
(4) Any person who uses or causes or permits to be used a motor vehicle after declaring that it has been 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.
(5) For the purposes of this section, "laid up" means to put away and to cease to use on the road.
16 Requirements for application cite [+]
(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.
17 Director may refuse to issue motor vehicle licences in certain cases cite [+]
(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;
(bb) in the case of an application through electronic means, the relevant details in the registration certificate of the motor vehicle are duly submitted online;
(bc) in relation to a class or category of motor vehicles required to undergo periodic inspection under Part IIA, the inspection certificate issued under section 66C is produced;
(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:
Provided that paragraph (b) shall not apply to any electric motor vehicle which has no engine number
(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, 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.
(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.
18 Effect on licence of altering vehicle cite [+]
When any motor vehicle in respect of which a motor vehicle licence has been granted is altered, after such licence has been granted, in such a manner as to cause the motor vehicle to become a motor vehicle in respect of which a licence at a higher fee or a licence of a different class is required, the licence shall before the altered vehicle is used become void, but the holder of the licence, on surrendering the same and furnishing the prescribed particulars, shall be entitled to receive a new licence in respect of the motor vehicle, to have effect for the period for which the surrendered licence would, if it had not been surrendered, have remained in force on payment of such amount, if any, as represents the difference between the amount payable on the new licence and the amount of refund, if any, payable under section 19 on the surrendered licence.
19 Surrender of motor vehicle licence cite [+]
(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.
20 Display of motor vehicle licence cite [+]
(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.
(3) Any person who contravenes this section shall be guilty of an offence.
21 Visitors' licence cite [+]
(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.
(5) Any person who drives a motor vehicle into Malaysia without a valid visitor's licence shall be guilty of an offence.
22 Motor vehicle trade licences cite [+]
(1) If any person, being a manufacturer or repairer of or dealer in motor vehicles, makes an application in the prescribed manner to the Director of the registration area in which his business premises are situated that he may be entitled, in lieu of taking out a licence under this Part in respect of each motor vehicle used by him, to take out a general licence in respect of all motor vehicles used by him, the 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.
(8) 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.
23 Other offences in connection with registration and licensing of motor vehicles cite [+]
(1) If any person uses a motor vehicle while there is not in force in respect thereof a motor vehicle licence granted under this Act, or causes or permits a motor vehicle to be so used or, being the holder of a motor trade licence granted under section 22, uses at any time a greater number of motor vehicles than he is 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 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.
(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 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.
24 Recovery of fees cite [+]
(1) If any fee payable under this Part remains unpaid after one month from the date on which such fee should have been paid, or if the fee which has been paid is less than the appropriate amount, the Director shall issue a notice requiring the defaulter to pay the amount due within fourteen days from the date of such notice.
(2) Any person who fails to comply with the requirement of such notice shall be guilty of an offence and shall on conviction be liable to a fine not exceeding two thousand ringgit and the court before which such person is convicted may, in addition to such fine, order such person to pay the amount of any fees due and remaining unpaid at the time of conviction, and any such amount so ordered to be paid may be recovered in accordance with the law relating to the recovery of fines; and any amount so recovered shall be remitted by the court to the appropriate Director.
(3) In any prosecution under this section, a 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.