Road Transport Act 1987 [Act 333]

53B Duty to produce name and address of driver   cite [+]

(1) A registered owner of a motor vehicle who-

(a) is served with a notice under section 53A in respect of a camera-recorded offence; and

(b) was not a driver of the vehicle to which the camera-recorded offence relates at the time the offence was committed,


shall, within thirty days from the date of the service of the notice, supported by letter to the authority issuing the notice, produce the name and address of the driver of the motor vehicle at the time the offence was committed.

(2) A registered owner of a motor vehicle who is served with a notice in respect of a camera-recorded offence shall be deemed to be not guilty if-

(a) that registered owner complies with subsection (1) relating to the offence; and

(b) the authority issuing the notice is satisfied that the registered owner did not know and could not with reasonable diligence have ascertained the name and address of the person who was a driver of the vehicle at the time the offence was committed.


(3) Any registered owner of a motor vehicle who falsely nominates another person as a driver of the motor vehicle at the time the camera-recorded offence occurred, 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 or to both.

53C Duty not to give, publish or disclose information on camera-recorded offence   cite [+]

(1) Any person who, for any reason, has by any means access to any information on camera-recorded offence shall not give, publish or otherwise disclose to any other person such information unless the disclosure is required or authorized-

(a) under this Act or rules made under this Act;

(b) under any other written law;

(c) by any court; or

(d) for the performance of his functions or the exercise of his powers under this Act or rules made under this Act.


(2) For the purpose of this section, "information on camera-recorded offence" means any recorded image, data, record, correspondence or any document whatsoever or material or information relating to a camera-recorded offence.

(3) Any person who contravenes subsection (1) shall be guilty of an offence and shall on conviction be liable to a fine not more than fifty thousand ringgit or to imprisonment for a term not exceeding five years or to both.

54 Application to pedal and electric bicycle cyclists of provisions relating to certain driving offences   cite [+]

(1) Subsections 42(1), 43(1), 44(1), 45A(1), 45B(4), 45B(5) and 45C(6) with the omission of the reference to attempting to drive shall, subject to this section, apply to persons riding bicycles, electric bicycles and tricycles not being motor vehicles, as they apply to drivers of motor vehicles, and references in those provisions to motor vehicles, drivers and driving shall be construed accordingly.

(2) The maximum penalties which may be imposed on a conviction by virtue of this section shall be as follows:

(a) in the case of a conviction under section 42, 44, 45A, 45B or 45C, a fine of three hundred ringgit or, if the conviction is a second or subsequent conviction, a fine of one thousand ringgit or imprisonment for a term of three months;

(b) in the case of a conviction under section 43, a fine of three hundred ringgit or, if the conviction is a second or subsequent conviction, a fine of one thousand ringgit.


(3) In determining whether a conviction under section 42, 43, 44 or 45A is a second or subsequent conviction-

(a) where it is a conviction in connection with the driving of a motor vehicle, any previous conviction by virtue of this section shall be disregarded;

(b) where it is a conviction by virtue of this section, any previous conviction in connection with the driving of a motor vehicle shall be disregarded.

55 Duty to stop vehicles on demand   cite [+]

Any person driving a motor vehicle on a road shall stop the motor vehicle on being so required by a police officer in uniform, a traffic warden in uniform or a road transport officer in uniform, and if he fails so to do he shall be guilty of an offence.

Licensing of Drivers and Conductors of Public Service Vehicles, Employees Vehicles and Goods Vehicle

56 Vocational licences   cite [+]

(1) No person shall drive or act as a conductor of a public service vehicle on a road unless he holds a vocational licence granted under this Part for those purposes, and no registered owner of a public service vehicle or other person shall employ or permit any person who is not licensed to drive or act as a conductor of a public service vehicle while it is being used for the carriage of passengers for hire or reward on a road.

(2) The Director shall not issue a vocational licence unless he is satisfied that the applicant for such licence is in the case of a licence to drive, over the age of twenty-one and, in the case of a licence to act as a conductor, over the age of eighteen, and fulfils such other conditions as may be prescribed.

(2A) A vocational licence issued under this Part shall be valid for the period specified in the vocational licence unless it is sooner revoked under subsection (4) or (4A).

(3) A licence to drive a public service vehicle may be limited to such type or types of vehicles as may be specified in the licence.

(4) A vocational licence may, at any time, be suspended or revoked by the Director if-

(a) due to any disease, conduct as may be prescribed or physical disability-

(i) the holder of the vocational licence is incapable of holding; or

(ii) it is not suitable for the holder of the vocational licence to hold,


such licence; or

(b) the holder of the vocational licence has any outstanding matter or case with the Road Transport Department or the police relating to any contravention of this Act.


(4A) Without prejudice to subsection (4), a vocational licence issued under this Part shall-

(a) be suspended if the driving licence issued under section 27 is suspended under section 32, 35 or 36;

(b) be revoked if the driving licence issued under section 27 is revoked under section 35.


(5) If the Director suspends or revokes the vocational licence under paragraph (4)(a), the holder of the vocational licence may appeal to the Director General and based on the appeal, the Director General may, after investigation, if any, make any order as he deems fair and any such order shall bind the Director and appellant.

(6) If any person acts in contravention of subsection (1), he 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.

(7) A vocational licence granted under any law repealed by this Act and in force on the appointed day shall be deemed to be granted under this Act.

(8) Any reference in this Part to a licence granted under this Part shall not be deemed to include a reference to a vocational licence issued under this section.

(9) Notwithstanding anything to the contrary in this section, a Director may limit the validity period of a vocational licence to a period not exceeding three months if he is satisfied that the holder of the vocational licence has any outstanding matter or case regarding any scheduled offence or any other contravention of this Act.

57 Vocational licence of goods vehicles and employees vehicles   cite [+]

Section 56 shall apply to such goods vehicles or employees vehicles as the Minister may prescribe, as they apply to public service vehicles; and for that purpose references in that section to "public service vehicle" shall be construed as references to the said goods vehicles or employees vehicles and there shall also be disregarded the words "for the carriage of passengers for hire or reward" appearing in subsection (1) of that section.

Miscellaneous

58 Duty to produce driving licence and certificate of insurance   cite [+]

(1) Any person in charge of a motor vehicle on a road shall, on being so required by any police officer, any traffic warden or any road transport officer, produce the certificate of insurance issued in respect of the vehicle under section 90:

Provided that no person shall be convicted of an offence against this section by reason only of his failure to produce the certificate of insurance if, within five days after being so required, he produces it at such police station as may be specified by him at the time of such requirement.

(2) Any person in charge of a motor vehicle on a road shall, on being so required by any police officer, any traffic warden or any road transport officer, produce his driving licence for inspection by such officer:

Provided that no person shall be convicted of an offence against this section by reason of his failure to produce his driving licence which is incorporated in a multipurpose electronic card or device due to its retention by any person authorized to retain it under any written law.

(3) If any person fails to comply with this section, he shall be guilty of an offence.

58A Change of address   cite [+]

(1) Every registered owner of a motor vehicle or holder of a driving licence who changes his address in Malaysia shall, within two months of such change, serve on the Director a written notice of the change of address.

(2) If the registered owner of a motor vehicle or holder of a driving licence fails to serve the notice of a change of address within the period as required under subsection (1), he shall be deemed to have not informed the Director of the said change of address.

(3) A notice of the change of address under subsection (1) shall be deemed to have been served and received by the Director if-

(a) served personally, by an acknowledgement of receipt of the notice;

(b) sent through prepaid registered post, by a written acknowledgement of receipt given under the Post Office Rules 1947 [MUGN 8436/1947]; and

(c) sent by facsimile, by an acknowledgement of receipt stating that the notice has been sent entirely to the receiver's facsimile number.


(4) The Director shall, upon receipt of a notice under subsection (1), update the register of motor vehicles under section 8 and the register of driving licence holders under section 27A.

(5) Any person who contravenes subsection (1) or provides an incomplete or inaccurate address shall be guilty of an offence.

59 Power to test and prohibit use of vehicles   cite [+]

(1) Any road transport officer, authorized by the Director General in writing in that behalf, may enter and inspect any motor vehicle in use and for that purpose may require any motor vehicle to be stopped, and may detain any motor vehicle during such time as is required for the inspection, and may require the driver of such motor vehicle to drive it to another place for the purpose of such inspection and may carry out or cause to be carried out, at the expense of the owner, all such tests and examinations as he considers desirable or necessary to ensure that the requirements as to construction, equipment and use prescribed by this Act have been complied with in respect of the motor vehicle:

Provided that no motor vehicle shall be detained under this section for a period exceeding forty-eight hours or such longer period as the Director General may by writing authorize in any particular case.

(2) If, on such inspection, it appears to such road transport officer that, by reason of any defects, being defects which are prescribed by rules as serious defects, such motor vehicle is or is likely to become unfit for use, or its use is or is likely to become dangerous unless the defects are remedied, he may prohibit the use of such motor vehicle:

Provided that where in the opinion of such road transport officer the defects are such as can be remedied within any period not exceeding ten days and are not defects which involve immediate risk to persons using the motor vehicle or to persons using a road, the prohibition shall not operate before the expiration of that period.

(3) Where, under subsection (2), such road transport officer prohibits the use of a motor vehicle as aforesaid, he shall give written notice of such prohibition to the registered owner of the motor vehicle, to the person in charge and to the Director of the registration area in which the motor vehicle is registered.

(4) In the case of a prohibition on the grounds of such defects as are specified in the proviso to subsection (2), the notice given under subsection (3) shall specify the period within which the defects can in the opinion of such officer be remedied.

(5) A prohibition order made under subsection (2) which has become effective may be removed by any road transport officer authorized by the Director General in writing in that behalf if he is satisfied that the motor vehicle is fit for use and for this purpose he may require an inspection to be carried out.

(6) Where an officer withdraws or removes a prohibition he shall give notice of that withdrawal or removal to the registered owner of the motor vehicle and to the Director of the registration area in which the motor vehicle is registered.

(7) Where a prohibition order made under subsection (2) has become effective, any such officer making such order may cause to be detached and removed from the motor vehicle to which the prohibition order relates the registration number plates and any other identifying plate or any licence issued under this Act, and retain the same. On the withdrawal or removal of the prohibition such number plates and licence shall be returned to the holder of the licence or to the person in charge of the vehicle.

(8) Any person aggrieved by the refusal of any road transport officer to withdraw or remove a prohibition order made under subsection (2), may appeal to the Director General, who shall consider such appeal and, if so required, hear the appellant in relation thereto, or, at the discretion of the Director General, any other person, authorized by the appellant to represent him. The Director General may make such order on such appeal as he thinks fit.

(9) If any person contravenes or fails to comply with subsection (1), or uses or permits to be used a motor vehicle at any time, whilst a prohibition order under subsection (2) is in force in relation to such motor vehicle, he shall be guilty of an offence and shall on conviction be liable to a fine not exceeding of not less than three hundred ringgit and not more than two thousand ringgit or to imprisonment for a term not exceeding six months or to both and, on a second or subsequent conviction, to a fine not exceeding five thousand ringgit or to imprisonment for a term not exceeding one year or to both.

60 Power to detain vehicles for inspection   cite [+]

(1) If any police officer in uniform has reason to believe that the provisions as to construction, equipment and use prescribed by this Act have not been complied with in respect of any motor vehicle, he may require such vehicle to be stopped and may require the driver of such vehicle to drive it to some other place, and the vehicle may, if necessary, be detained by any police officer not below the rank of sergeant or any police officer in charge of a police station for the purpose of inspection by a police officer or a road transport officer or a person licensed to carry out inspection under this Act for the purpose of ensuring that such provisions have been complied with:

Provided that no motor vehicle shall be detained under this section for a period exceeding five working days.

(2) If, on such inspection, it appears to a road transport officer that, by reason of any defects, being defects which are prescribed by rules as serious defects, such motor vehicle is or is likely to become unfit for use, or its use is or is likely to become dangerous unless the defects are remedied, he may prohibit the use of such motor vehicle:

Provided that where in the opinion of such road transport officer the defects are such as can be remedied within any period not exceeding ten days and are not defects which involve immediate risk to persons using the motor vehicle or to persons using a road, the prohibition shall not operate before the expiration of that period.

(3) Subsections 59(3) to (9) shall apply to this section in the case where a prohibition order has been issued under subsection (2).


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.

SEARCH LEGISLATION
Title:


Number: