When any international agreement for facilitating the international circulation of motor vehicles or for relieving them from taxation has been applied to Malaysia, the Minister for the purpose of giving effect to any such agreement may make rules-

(a) for the grant and authentication of any travelling passes, certificates, driving licences or other authorities which may be of use to persons residing in Malaysia when temporarily taking their motor vehicles abroad, or to drivers proceeding abroad and desiring to drive motor vehicles;

(b) for modifying the provisions of this Act relating to the registration and licensing of motor vehicles in the case of motor vehicles brought temporarily into Malaysia by persons resident abroad and intending to make only a temporary stay in Malaysia, and to the licensing of drivers entering Malaysia for the purpose of driving any such vehicles;

(c) for 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;

(d) for providing for the total or partial exemption, for a limited period, from any import duty payable in respect of the import of a motor vehicle, or from any registration or other fee imposed in respect of any specified class or description of motor vehicle brought into Malaysia by persons making only a temporary stay therein; and

(e) generally for giving effect to any such agreement.

(1) Except as otherwise provided in this Act, no person shall drive a motor vehicle of any class or description, on a road unless he is the holder of a driving licence authorizing him to drive a motor vehicle of that class or description, and no person shall employ or permit another person to drive a motor vehicle on the road unless the person so employed or permitted to drive is the holder of such a driving licence.

(2) Any person who contravenes subsection (1) shall be guilty of an offence and shall on conviction be liable to a fine 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.

(3) For the purposes of this section, the expression "holder of a driving licence" includes a person in possession of and driving a motor vehicle in accordance with a licence duly issued by or on behalf of the proper authority authorizing such person in the course of his duties as a member of the Forces to drive a motor vehicle of the class or description specified in such licence and being a vehicle which is the property of the Government or of any Government whose forces are lawfully in Malaysia under the provisions of any law for the time being in force regulating visiting forces lawfully present in Malaysia.

(1) An application for a driving licence shall be made in the prescribed form and manner to the Director of a registration area.

(2) Subject to this Part as to tests of competence to drive and as to the physical fitness of applicants for driving licences, the Director shall, except in the case of an applicant who is disqualified by reason of age or otherwise as hereinafter mentioned, on payment of the prescribed fee, grant a driving licence to any person who applies for it in accordance with this Act.

(3) A driving licence may authorize the holder thereof to drive such class or classes, or such type or types within any class or classes of motor vehicle, as the Director General or Director may specify therein.

(4) Where under this Part the applicant is subject to any restriction with respect to the driving of any class of motor vehicle, the extent of the restriction shall be specified in the prescribed manner on the driving licence.

(5) Subject to this Act with respect to learners' driving licences, a driving licence shall, unless previously revoked or surrendered, remain in force for such period of not less than twelve months from the date on which it is granted.

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

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

(b) if he is, by conviction under this Part or by an order of a court in Malaysia or the Republic of Singapore, disqualified from holding or obtaining a driving licence;

(c) for a period of twelve months from the date of revocation of the driving licence under section 35, 35A, 41, 42, 43, 44, 45, 45A, 45B or 45C.

(7) In any proceedings, the fact that a driving licence has been granted to a person shall be evidence that that person for the purpose of obtaining that driving licence made a declaration that he was not disqualified from holding or obtaining the driving licence.

(8) If any person is aggrieved by the refusal of a Director to grant a driving licence, or by the revocation of a driving licence under subsection 30(4) he may, after giving the Director fourteen 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.

(1) Every Director shall keep and maintain a register of holders of driving licences granted under this Act.

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

A driving licence issued under the corresponding provisions of any law in force in any country which is a party to a treaty to which Malaysia is also a party and which purports to recognize domestic driving licences issued by the contracting countries shall, so long as such licence remains in force in that country, be deemed to be a driving licence granted under this Part.

(1) A driving licence shall not be granted to any applicant unless he satisfies the Director that he has-

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

(b) within three years before the date on which he makes the application held a licence issued by a competent authority in Malaysia or the Republic of Singapore authorizing him to drive motor vehicles of the class or description which he would be authorized, by the driving licence for which he is applying, to drive; or

(c) within three years before the date on which he makes the application held a licence issued by a competent authority in any other country authorizing him to drive motor vehicles of the class or description which he would be authorized, by the driving licence for which he is applying, to drive, and that tests of competence to drive comparable with the tests as prescribed under this Act are in force in that country:

Provided that paragraph (a), (b) or (c) shall not apply to any Malaysian member of the Forces, who is in possession of a valid driving licence duly issued by or on behalf of the proper authority authorizing him in the course of his duties to drive motor vehicles of the class or description which he would be authorized to drive; and such person shall be entitled to a driving licence for that class or description of vehicle on application and upon payment of the prescribed fee.

(1A) Notwithstanding the provision of this section, no driving licence shall be granted to any applicant unless he satisfies the Director that on the date on which he makes the application he has no outstanding matter or case with the Road Transport Department or the Police relating to any contravention of or offence against this Act or the Commercial Vehicle Licensing Board Act 1987.

(2) For the purpose of enabling a person to learn to drive a motor vehicle with a view to passing a test under this section, the Director may, subject to section 27, grant him a learner's driving licence.

(3) A learner's driving licence shall be in the prescribed form, shall be granted subject to the prescribed conditions and shall be valid for such period as may be prescribed.

(4) If any person to whom a learner's driving licence is granted fails to comply with any of the conditions subject to which it is granted, he shall be guilty of an offence.

(4A) Where the person who is holding a learner's driving licence passes the prescribed tests of competence, the Director shall grant him a probationary driving licence and such licence shall be in the prescribed form and subject to the prescribed conditions and shall be valid for two years.

(4B) Subsection (4A) shall not apply to a person who is a holder of a driving licence, other than a learner's driving licence, of another class or description.

(4C) If any person to whom a probationary driving licence is granted fails to comply with any of the conditions subject to which it is granted, he shall be guilty of an offence.

(5) The court before which a person is convicted of any offence under section 42 or 43 may, whether he has previously passed the prescribed test of competence or not, and whether or not the court makes an order disqualifying him from holding or obtaining a licence to drive a motor vehicle, order him to be disqualified from holding or obtaining a driving licence, other than a learner's driving licence, until he has, since the date of the order, passed a test of competence to drive.

(6) The provisions of this Act which have effect where an order disqualifying a person from holding or obtaining a driving licence is made shall have effect in relation to a disqualification by virtue of an order under this section subject to the following modifications:

(a) notwithstanding subsection 27(6) or subsection 32(3), the person disqualified shall (unless he is disqualified from holding or obtaining a driving licence otherwise than by virtue of an order under this section) be entitled to obtain and to hold a learner's driving licence to be granted (where the person disqualified is the holder of a driving licence, by the Director by whom that driving licence was granted) under subsection (2), and to drive a motor vehicle in accordance with the conditions subject to which the learner's driving licence is granted;

(b) the disqualification shall be deemed to have expired on the Director being satisfied that the person has, since the order was made, passed the prescribed test;

(c) on return to the person disqualified of any driving licence held by him, or on the grant to him of such a licence, there shall be added to the endorsed particulars a statement that the person disqualified has, since the order was made, passed the prescribed test.

(1) On an application for the grant of a driving licence by an applicant mentioned in subsection 27(1), the applicant shall make a declaration in the prescribed form as to whether or not he is suffering from any such disease or physical disability as may be specified in the form, or any other disease or physical disability which would be likely to cause the driving by him of a motor vehicle, being a motor vehicle of such a class or description as he would be authorized by the driving licence to drive, to be a source of danger to the public.

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

Provided that-

(a) a driving licence limited to the driving of an invalid carriage may be granted to the applicant if the Director is satisfied that he is fit to drive such a carriage;

(b) the applicant may, except in the case of such diseases and disabilities as may be prescribed, on payment of the prescribed fee, claim to be subjected to a test by a registered medical practitioner as to his fitness or ability to drive a motor vehicle of any such class or description as he would be authorized by the driving licence to drive, and if he passes the prescribed test and is not otherwise disqualified, the driving licence shall not be refused by reason only of the provisions of this subsection, provided that if the test proves his fitness to drive only motor vehicles of a particular construction or design or in particular circumstances the driving licence shall be limited to the driving of such vehicles or to the driving of motor vehicles of such construction and design or in such circumstances.

(3) If the holder of a driving licence, subsequent to the issue thereof and during the currency thereof, to his knowledge suffers from a disease or disability as may be prescribed or if he to his knowledge suffers from any disease or physical disability as is likely to cause the driving by him of a motor vehicle, being a vehicle of any such class or description as he is authorized by the driving licence to drive, to be a source of danger to the public, such holder shall forthwith surrender his driving licence to the Director for cancellation.

(4) If it appears to a Director that there is reason to believe that any holder of a driving licence is suffering from a disease or physical disability likely to cause the driving by him of a motor vehicle, being a vehicle of any such class or description as he is authorized by the driving licence to drive, to be a source of danger to the public and, after making such enquiry as he considers necessary, the Director is satisfied that the licence holder is suffering from such a disease or disability as aforesaid then, whether or not the licence holder so suffering as aforesaid has previously passed a test under this section, the Director may, after giving to the licence holder notice of his intention so to do, revoke the driving licence, and the licence holder shall, on receipt of such notice, deliver the driving licence to the Director for cancellation:

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.

(1) Any court before which a person is convicted of any criminal offence in connection with the driving of a motor vehicle-

(a) may in any case, except where otherwise expressly provided by this Part, and shall where so required by this Part, order him to be disqualified from holding or obtaining a driving licence for life or for such period as the court thinks fit; and

(b) may in any case, and shall where a person is by virtue of a conviction disqualified from holding or obtaining a driving licence or where an order so disqualifying a person is made, or where so required by this Part, order that particulars of the conviction and of any disqualification to which the convicted person has become subject shall be endorsed on any driving licence held by the offender:

Provided that, if the court thinks fit, any disqualification imposed under this section may be limited to the driving of a motor vehicle of the same class or description as the motor vehicle in respect of which the offence was committed.

(2) A person who by virtue of an order of a court under this Part is disqualified from holding or obtaining a driving licence may appeal against the order in the same manner as against a conviction, and the court may, if it thinks fit, pending the appeal, suspend the operation of the order.

(1) Where a person who is disqualified by virtue of a conviction or order is the holder of a driving licence, such driving licence shall be suspended as long as the disqualification continues in force.

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

(3) If any person who under this Part is disqualified from holding or obtaining a driving licence applies for or obtains a driving licence while he is so disqualified, or if any such person while he is so disqualified drives a motor vehicle or, if the disqualification is limited to the driving of a motor vehicle of a particular class or description, drives a motor vehicle of that class or description, that person shall be guilty of an offence and shall on conviction be liable-

(a) to imprisonment for a term not exceeding one year; or

(b) to a fine not exceeding five thousand ringgit if the court thinks that having regard to the special circumstances of the case it is not necessary to impose a sentence of imprisonment for the offence.

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

(5) For the purposes of this section, reference to a conviction or order shall include a reference to a conviction or order under this Part and to any conviction or order under the provisions of any corresponding written law in the Republic of Singapore.

(1) Any person who by virtue of a conviction or order under this Part is disqualified from holding or obtaining a licence may, at any time after the expiration of one year from the date of the conviction or order or, if there has been an appeal from the said conviction or order, from the date of the decision of such appeal, and from time to time (not less than three months from the date of his last application made under this section) apply to the court before which he was convicted or by which the order was made to remove the disqualification.

(2) On an application being made, the court may, having regard to the character of the applicant, his conduct subsequent to the conviction or order, the nature of the offence and any other circumstances, either by order remove the disqualification from such date as the court may specify in the order or reject the application.