(1) An order that the particulars of any conviction or of any disqualification to which the convicted person has become subject are to be endorsed on any driving licence held by the offender shall, whether the offender is at the time the holder of a driving licence or not, operate as an order that any driving licence he may then hold or may subsequently obtain shall be so endorsed until he becomes entitled under this section to have a driving licence issued to him free from endorsement.

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

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

(b) 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.

(3) (Deleted by Act A1391).

(4) (Deleted by Act A1391).

(5) Where an order has been made in respect of any person under this Part requiring the endorsement of any driving licence held by him, such person shall be entitled, either on applying for the grant of a driving licence under this Part or, subject to the payment of the prescribed fee, on application at any time, to have issued to him a new driving licence free from endorsements-

(a) if he has, during a continuous period of three years or upwards since the order was made, had no such further order made against him, or no such order other than an order made more than one year before the date of his application and by reason only of a conviction for the offence of driving a motor vehicle at a speed exceeding a speed limit; or

(b) where the order was made by reason only of such conviction as aforesaid and, immediately before the order was made he was the holder of, or was entitled to have issued to him, a driving licence free from any endorsements except of particulars in relation to such a conviction as aforesaid, and if he has, during a continuous period of one year or upwards since the order was made, had no order requiring endorsement made against him:

Provided that in reckoning the said continuous periods of three years and one year, respectively, any period during which the applicant was by virtue of the order disqualified from holding or obtaining a licence shall be excluded.

(6) (Deleted by Act A1391).

(7) (Deleted by Act A1391).

(8) Where on an appeal against any such order the appeal is allowed or where any such conviction is quashed, the court by which the appeal is allowed or the conviction is quashed shall send notice to the Director who granted the licence, and the Director or other officer of the court shall, as may be necessary, cancel or amend any endorsement on the driving licence concerned.

(1) Notwithstanding section 34, where a court orders the particulars of any conviction or of any disqualification to which the convicted person has become subject to be endorsed on any driving licence held by that person and such driving licence is incorporated in a multipurpose electronic card or device, such endorsement shall be deemed to have been effected if the particulars to be endorsed on the licence are included in the database maintained by or on behalf of the Director General of driving licences granted under this Act and holders of such driving licences.

(2) Notwithstanding subsection (1), the Director may direct the convicted person referred to in subsection (1) to surrender, within such period as the Director may specify, the multipurpose electronic card or device in which the driving licence is incorporated to the Director, or to a road transport officer authorized in writing in that behalf by the Director General, for the inclusion in the data stored in the card or device of the particulars of the conviction or disqualification of that person and the Director or such authorized officer shall, after such inclusion, immediately return the card or device to the person.

(1) Notwithstanding anything contained in this Act, the Director General shall suspend every driving licence of a person for a period not exceeding twelve months or revoke a driving licence of a person if such person's record, as kept by the Director General, as a driver of a motor vehicle, or his conduct or habits as such driver, establishes that it would not be in the interests of public safety for him to hold a valid driving licence or that such person is not competent to drive a motor vehicle.

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

Provided that such rules may make provision, where points have been awarded against any person, for a scheme for such points to be reduced on the ground of the good conduct and habits over a specified period of that person as a driver of a motor vehicle and for requiring any such person to undergo such course as the Director General may prescribe.

(3) The rules made under subsection (2) shall specify the maximum number of points to be awarded against a person before it may be established that it would not be in the interests of public safety for him to hold a driving licence or that such person is not competent to drive a motor vehicle.

(4) The power conferred upon the Director General by this section to suspend the driving licence of a person shall be exercised at such time after the maximum number of points referred to in subsection (3) has been awarded against such person as the Director General considers fit.

(4A) The powers conferred upon the Director General to revoke the driving licence of a person under this section shall be exercised at such time after the driving licence of such person has been suspended under subsection (4) for the third time in a period of five years.

(5) (Deleted by Act A973).

(6) Where the person is disqualified by an order of a court from holding or obtaining a driving licence for such period of time as may be specified in such order, every point awarded against him under the rules made under subsection (2) shall thereupon be cancelled.

(7) (Deleted by Act A973).

(8) For the purpose of this section, a person shall be deemed to have committed an offence under this Act if he fails to settle the penalty prescribed for that offence within three months from the issuance of the notice under section 53, 53A, 115A or 119, as the case may be, unless criminal proceedings have been instituted for that offence.

(8A) Nothing in this section shall affect the liability of the person who is deemed to have committed an offence if the penalty prescribed for the offence has been settled within the period of three months from the issuance of the notice mentioned under subsection (8).

(9) For the purposes of this section, "driving licence" shall not include a probationary driving licence.

(1) Notwithstanding anything contained in this Act, the Director General shall revoke a probationary driving licence of a person if within a period of twenty-four months from the date of the grant of the probationary driving licence such person's record, as kept by the Director General, as a driver of a motor vehicle, or his conduct or habits as such driver, establishes that it would not be in the interests of public safety for him to hold a valid driving licence or that such person is not competent to drive a motor vehicle.

(2) For the purpose of establishing that it would not be in the interests of public safety for a person to hold a driving licence or that such person is not competent to drive a motor vehicle, the Minister may make rules establishing a system of awarding points against a person for the commission of an offence under this Act or any rules made thereunder:

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

(3) The rules made under subsection (2) shall specify the maximum number of points to be awarded against a person before it may be established that it would not be in the interests of public safety for him to hold a driving licence or that such person is not competent to drive a motor vehicle.

(4) The power conferred upon the Director General by this section to revoke the driving licence of a person shall be exercised at such time after the maximum number of points referred to in subsection (3) has been awarded against such person as the Director General considers fit.

(5) Where the person whose probationary driving licence has been revoked is disqualified by an order of a court from holding or obtaining a driving licence for such period of time as may be specified in such order, every point awarded against him under the rules made under subsection (2) shall thereupon be cancelled.

(6) For the purpose of this section, a person shall be deemed to have committed an offence under this Act if he fails to settle the penalty prescribed for that offence within three months from the issuance of the notice under section 53, 53A, 115A or 119, as the case may be, unless criminal proceedings have been instituted for that offence.

(7) Nothing in this section shall affect the liability of the person who is deemed to have committed an offence if the penalty prescribed for the offence has been settled within the period of three months from the issuance of the notice mentioned under subsection (6).

(1) Notwithstanding anything contained in this Act or any other written law, the Director General may suspend the driving licence of a person for a period of not less than two years if he has reason to believe that such person is a drug dependant.

(2) Where the Director General has reason to believe that a person whose licence has at any time been suspended under subsection (1) continues or has not ceased to be a drug dependant at any time after the period of suspension, the Director General shall disqualify such person from holding or obtaining a driving licence.

(3) For the purposes of this section, a police officer, road transport officer or Rehabilitation Officer shall, upon the arrest or voluntary surrender of any person suspected to be a drug dependant, detain any driving licence belonging to such person until such person is certified as a drug dependant.

(4) Upon a government medical practitioner certifying that such person is a drug dependant, the police officer, road transport officer or Rehabilitation Officer shall, within a period of two weeks, so notify and deliver the driving licence to the Director General who shall inform the drug dependant in writing of the intention to suspend or disqualify.

(4A) Subsection (3) and the provisions of subsection (4) in relation to the delivery of a driving licence detained under subsection (3) shall not apply to a driving licence incorporated in a multipurpose electronic card or device.

(5) The suspension or disqualification shall take effect on the date such person is certified as a drug dependant.

(6) If a person satisfies the Director General that he is no longer a drug dependant, the Director General shall remove the suspension or disqualification, as the case may be, and return to such person any driving licence detained under this section.

(7) In this section, "drug dependant" and "Rehabilitation Officer" shall have the same meaning as in the Drug Dependants (Treatment and Rehabilitation) Act 1983 [Act 283].

(1) The Director General shall, before suspending or revoking a driving licence of a person under section 35 or 35A, give the person concerned notice in writing of his intention so to do, specifying a date, not less than fourteen days after the date of the notice, upon which such suspension or revocation shall be made and calling upon the person to show cause to the Director General why such driving licence should not be suspended or revoked.

(2) Upon the person failing to show cause within the period referred to in subsection (1) and if the Director General decides to suspend or revoke the driving licence of such person pursuant to section 35 or 35A, the Director General shall forthwith inform the person by notice in writing of such suspension or revocation.

(3) (Deleted by Act A1391).

(4) (Deleted by Act A1391).

(5) (Deleted by Act A1391).

(1) The Director General shall, upon suspending or revoking a driving licence or disqualifying any person from holding or obtaining a driving licence under this Act, order that the particulars relating to such suspension, revocation or disqualification be entered into the database maintained by or on behalf of the Director General.

(2) The Director General shall, upon the expiry of the period of suspension, revocation or disqualification, immediately remove the information on the suspension, revocation or disqualification from the database.

(3) Any person whose driving licence has been suspended or revoked or who has been disqualified from holding or obtaining a driving licence shall not, during the period of suspension or upon the revocation or disqualification, drive a motor vehicle on a road under any other driving licence issued by any authority or obtain a driving licence.

(4) Any person who drives a motor vehicle on a road in contravention of subsection (3) 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 three years.

(1) No person under sixteen years of age shall drive a motor vehicle on a road.

(2) No person under seventeen years of age shall drive a motor vehicle other than a motor cycle or an invalid carriage on a road.

(3) No person under twenty-one years of age shall drive a tractor heavy, tractor light, mobile machinery heavy, mobile machinery light, motor car heavy or public service vehicle on a road:

Provided that where a tractor is used solely as a prime mover for machinery or implements used in the cultivation of land, a person over eighteen years of age, who is licensed to drive motor cars, may drive such tractor on a road for the purpose of moving it from one cultivation area to another.

(4) A person prohibited by this section by reason of his age from driving a motor vehicle or a motor vehicle of any class shall for the purposes of this Part be disqualified from holding or obtaining any driving licence other than a licence to drive such motor vehicle, if any, as he is not by this section forbidden to drive.

(5) Any person who drives, or causes or permits any person to drive, a motor vehicle in contravention of this section shall be guilty of an offence and shall on conviction be liable to a fine not exceeding two thousand ringgit or to imprisonment for a term not exceeding six months or to both.

(1) If any person drives a motor vehicle at a speed exceeding any speed limit imposed for such motor vehicle under the powers conferred by this Act he shall be guilty of an offence and shall on conviction be liable to a fine of not less than three hundred ringgit and not more than two thousand ringgit.

(2) The court shall, unless for any special reasons it thinks fit to order otherwise, order particulars of any finding of guilt under this section to be endorsed on any driving licence held by the person convicted.

(3) A first or second conviction for an offence under this section shall not render the offender liable to be disqualified from holding or obtaining a driving licence for a longer period than in the first conviction, one month or, in the case of a second conviction, six months.

(1) Any person who, by the driving of a motor vehicle on a road recklessly or at a speed or in a manner which having regard to all the circumstances (including the nature, condition and size of the road, and the amount of traffic which is or might be expected to be on the road) is dangerous to the public, causes the death of any person shall be guilty of an offence and shall on conviction be punished with imprisonment for a term of *not less than two years and not more than ten years and to a fine not less than five thousand ringgit and not more than twenty thousand ringgit.

(2) The court shall order particulars of any conviction under this section to be endorsed on any driving licence held by the person convicted.

(3) A person convicted under this section shall be disqualified from holding or obtaining a driving license for a period of **not less than three years from the date of the conviction and, in the case of a second or subsequent conviction, be disqualified for a period of ten years from the date of conviction.

(3A) Notwithstanding subsection (1), where a person who is a holder of a probationary driving licence is convicted under this section, the court shall revoke his driving licence.

(4) The court may upon the trial of a person for an offence under this section convict such person of an offence under section 42 or 43.

(5) Notwithstanding anything in any written law for the time being in force, the court before which a person is charged with an offence under this section shall order the immediate confiscation of the driving licence of that person and shall order the suspension of the license commencing from the date the charge is first read to that person and such suspension shall have effect-

(a) until the court makes a final decision on the charge; and

(b) as if the suspension is the suspension referred to in section 32.

(5A) If the driving licence of the person referred to in subsection (5) is incorporated in a multipurpose electronic card or device, the order of the court under that subsection shall be deemed to have been complied with if the particulars of the order are included in the database maintained by or on behalf of the Director General of driving licences granted under this Act and holders of such driving licences.

(5B) Notwithstanding subsection (5A), the Director may direct the person referred to in subsection (5) to surrender, within such period as the Director may specify, the multipurpose electronic card or device in which the driving licence is incorporated to him, or to a road transport officer authorized in writing in that behalf by the Director General, for the inclusion in the data stored in the card or device the particulars of the order of the court made under subsection (5) and the Director or such authorized officer shall, after such inclusion, immediately return the card or device to the person.