(1) For the purposes of sections 44 and 45B to 45F-

"breath test" includes a preliminary test for the purpose of obtaining, by means of a prescribed breathanalyser, an indication whether the proportion of alcohol in a person's breath, blood or urine equals or exceeds the prescribed limit; "fail" includes refuse;

"police station" includes any place or conveyance authorized or appointed by the Inspector General of Police to be used as a police station;

"prescribed limit" means-

(a) 35 microgrammes of alcohol in 100 millilitres of breath;

(b) 80 milligrammes of alcohol in 100 millilitres of blood; or

(c) 107 milligrammes of alcohol in 100 millilitres of urine.

(2) A person does not provide a specimen of breath for a breath test or for analysis unless the specimen is sufficient to enable the test or the analysis to be carried out and provided in such a way as to enable the objective of the test or analysis to be satisfactorily achieved.

If any person drives a motor vehicle when he is to his knowledge suffering from any disease or disability calculated to cause his driving of such motor vehicle to be a source of danger to the public, he shall be guilty of an offence and shall on conviction be liable to a fine not exceeding one thousand ringgit or to imprisonment for a term not exceeding three months or to both.

If any person driving or in charge of a motor vehicle causes or permits any person to be carried on the running board, or otherwise than within the body of the vehicle, or causes or permits any person to stand or to sit, or anything to be placed or to be carried, in a motor vehicle in such a manner or in such a position as to hamper the driver in his control of the vehicle, or as to cause danger to other persons using the road, he shall be guilty of an offence.

(1) If any driver of a motor vehicle causes or permits such motor vehicle to remain at rest on any road in such a position or in such a condition or in such circumstances as to be likely to cause danger, obstruction or undue inconvenience to other users of the road or to traffic, he 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 five thousand ringgit or to imprisonment for a term of not less than one year or to both.

(2) If any driver of a motor vehicle causes or permits such motor vehicle to remain at rest on any road in such a position or in such a condition or in such circumstances as to be likely to cause danger, obstruction or undue inconvenience to other users of the road or to traffic, a police officer, road transport officer or any appropriate authority may clamp the wheel of the motor vehicle or remove or cause to be removed the motor vehicle to any other road or some other location or place as may be stated in a notice and remain there at the risk of the owner.

(3) Where the wheel of a motor vehicle has been clamped under subsection (2), the relevant officer shall immediately give notice in writing to the owner of the motor vehicle informing him of the clamping of the wheel and requiring him or any person who may have a claim over the motor vehicle, within four hours from the time of the notice, to appear and request for the release of the vehicle, and if no claim is received within such period, the motor vehicle may be removed to an appropriate location.

(4) Where any motor vehicle is removed under subsection (2) or (3), the relevant officer shall within twenty-four hours, give notice in writing to the owner of the vehicle informing him of the removal and requiring him or any person who may have a claim over it, within a period of one month from the date of the notice, to appear and claim the vehicle.

(5) Upon receipt of a claim under subsection (3) or (4), the motor vehicle may be released upon payment of a fee for the clamping, removal and detention as may be prescribed by the Minister under this Act.

(6) If within twelve months from the date of removal the motor vehicle is not claimed, the motor vehicle shall be forfeited and the ownership of the motor vehicle shall be vested in the Director General.

(7) A police officer, road transport officer, any appropriate authority or any other person acting under his or its directions, as the case may be, shall not incur any liability in respect of any loss or damage caused to any motor vehicle or the fittings or contents thereof in the course of it being clamped or removed or while it is being detained, unless such damage was caused negligently or wilfully.

(8) For the purpose of this section, "appropriate authority" has the meaning assigned to it in section 67.

(1) It shall not be lawful for more than one person in addition to the driver to be carried on any two wheeled motorcycle nor shall it be lawful for any such one person to be so carried otherwise than sitting astride the motorcycle behind the driver on a properly designed seat securely fixed to the motorcycle.

(2) If any person uses a motorcycle in contravention of this section, he and any person so carried on the motorcycle shall be guilty of an offence.

(1) If any person, otherwise than with lawful authority or reasonable cause, takes or retains hold of, or gets into a motor vehicle while it is in motion on any road, for the purpose of being drawn or carried, he shall be guilty of an offence.

(2) If, while a motor vehicle is on a road or in a parking place, any person otherwise than with lawful authority or reasonable cause gets onto or moves the motor vehicle, or releases or tampers with any brake or other part of its mechanism, he shall be guilty of an offence.

(3) If any person, otherwise than with lawful authority, remains on any road or at any parking place for the purpose of importuning any other person in respect of the watching or cleaning of a motor vehicle, or for the purpose of directing any driver of a motor vehicle in respect of parking on such road or at such place, he shall be guilty of an offence.

(1) Any person who takes and drives away any motor vehicle without having either the consent of the owner or other lawful authority 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:

Provided that no person shall be convicted under this section if he satisfies the court either that he acted in the reasonable belief that he had lawful authority or that the owner would in the circumstances of the case have given his consent if he had been asked.

(2) If, on the trial of any person for the theft of a motor vehicle, the court is of the opinion that the accused was not guilty of such offence but was guilty of an offence under this section, the court may convict the accused under this section.

(1) If in any case, owing to the presence of a motor vehicle on a road, an accident occurs, the driver of the motor vehicle shall stop and, if required so to do by any person having reasonable grounds for so requiring, give his name and address and also the name and address of the owner and the registration number of the motor vehicle.

(2) In the case of any such accident as aforesaid the driver of such motor vehicle and, if there is more than one motor vehicle, the driver of each such motor vehicle, shall report the accident at the nearest police station as soon as reasonably practicable and in any case within twenty-four hours of such occurrence, and shall produce to the officer in charge of such police station his driving licence and if so required, the certificate of insurance issued under section 90 of this Act.

(3) In the case of any such accident as aforesaid the driver of any such motor vehicle shall render such assistance as may be reasonably required by any police officer or traffic warden or, in the absence of any police officer or traffic warden, such assistance as it may reasonably be in the power of such driver to render.

(4) Where a police officer or traffic warden has reasonable cause to believe that any person-

(a) was the driver of a motor vehicle at a time when an accident occurred owing to the presence of such motor vehicle on a road;

(b) has committed an offence in relation to the use of a motor vehicle on a road; or

(c) was accompanying the holder of a learner's driving licence granted under this Act whilst such holder was driving a motor vehicle and that an accident occurred whereby damage or injury was caused to any person, property or animal owing to the presence of such motor vehicle on a road, such police officer or traffic warden may require such person to produce for examination his driving licence and the certificate of insurance relating to the user of such vehicle at such time.

(5) If any person fails to comply with this section he shall be guilty of an offence:

Provided that a person shall not be convicted of an offence against subsection (2) or (4) by reason only of the failure to produce his driving licence or certificate of insurance if within five days after the accident or the requirement under subsection (4), he produces such licence or certificate in person at such police office or police station in Malaysia as may be specified by him at the time the accident was reported or the requirement under subsection (4) was made.

(1) Where a police officer, a traffic warden or a road transport officer has reasonable grounds for believing that any person committed an offence against this Act, he may, in lieu of applying to the court for a summons, forthwith serve upon that person a notice in the prescribed form ordering that person to appear before the nearest court of a Magistrate having jurisdiction to try the offence, at a time and date to be stated in such notice.

(1A) If a person who has been served a notice under subsection (1) refuses to accept or denies receipt of the notice, the notice shall be considered to have been served to that person on the date of service of the notice.

(2) If any person who is served with a notice as provided by subsection (1) fails to appear in person or by counsel, then, unless it appears that it was not reasonably possible for that person so to appear, the court may, if satisfied that the notice was served, issue a warrant for the arrest of that person unless in the case of a compoundable offence, that person has within the period specified in the notice, been permitted to compound the offence.

(1) Notwithstanding anything contained in this Act, where a registered owner of a motor vehicle is alleged or is suspected to be guilty of a camera-recorded offence, a police officer or road transport officer shall in lieu of applying to the court for a summons, as soon as reasonably practicable serve a notice upon the registered owner of the motor vehicle ordering him to appear before the nearest Magistrate court having jurisdiction to try the offence, at a time and date to be stated in such notice.

(2) If a registered owner of a motor vehicle who is served with a notice under subsection (1) fails to appear in person or by counsel, then, unless it appears that it was not reasonably possible for that register owner so to appear, the court may, if satisfied that the notice was served, issue a warrant for the arrest of the registered owner unless in the case of a compoundable offence, the registered owner has within the period specified in the notice, been permitted to compound the offence.

(3) The notice issued under subsection (1) shall-

(a) contain the following particulars:

(i) the date, time and location of the offence;

(ii) the offence committed;

(iii) a recorded image of the motor vehicle's registration number plate;

(iv) a recorded image of the motor vehicle; and

(v) an offer to compound or a request to appear in court; and

(b) be digitally signed by the issuing authority.

(4) The Minister may make rules for giving full effect to this section and such rules may include rules-

(a) to regulate the procedures relating to the implementation of this section;

(b) to prescribe the type of equipment and system to be used, and the repair, maintenance, calibration and testing of apparatus or equipment thereof; and

(c) to prescribe the types of signage and their locations.