Road Transport Act 1987 [Act 333]

61 Power to order production of motor vehicle and licence   cite [+]

(1) A Chief Police Officer or a road transport officer authorized in that behalf by the Director General, may by notice in writing, require the registered owner of a motor vehicle to produce for inspection, at the expense of the registered owner, at such convenient time and place as may be specified in such notice, such motor vehicle and the licence and registration certificate relating thereto, and such registered owner shall produce such vehicle, licence and registration certificate in accordance with the terms of such notice.

(2) Such notice may be served upon the registered owner or to his servant or agent or may be sent by registered post to the address contained in the register of motor vehicles kept under this Part.

(3) If any registered owner who is required under this section to produce any motor vehicle or licence or registration certificate fails so to do, he shall be guilty of an offence, unless he proves that, owing to a mechanical breakdown of such vehicle or other sufficient reason, the motor vehicle or licence or registration certificate could not be produced.

62 Power to enter and search premises   cite [+]

(1) Any police officer not below the rank of sergeant or any officer in charge of a police station or any road transport officer authorized in writing by the Director General may, for the purpose of examining such motor vehicle, at any time enter any place in which he suspects that a motor vehicle is kept in respect of which he has reason to believe that an offence against this Act has been committed.

(2) Any police officer not below the rank of sergeant or any officer in charge of a police station may, in conducting an investigation into any accident or occurrence whereby death or grievous hurt is caused to any person, in connection with which a motor vehicle is suspected to be concerned, enter any place to search for and examine such motor vehicle.

(3) In this section, "grievous hurt" shall have the same meaning as assigned to it in section 320 of the Penal Code.

63 Weighing of vehicles   cite [+]

(1) It shall be lawful for any police officer authorized in writing in that behalf by a Chief Police Officer or a Commissioner of Police, any traffic warden authorized in writing in that behalf by the Dato Bandar or the Perbadanan Putrajaya, any road transport officer authorized in writing in that behalf by the Director General, any officer of the Public Works Department authorized in writing in that behalf by the Director General of Public Works or the State Director of Public Works, or any officer of the Highway Authority Malaysia authorized in writing in that behalf by the Director General of Highway Authority Malaysia, to require the person in charge of any motor vehicle to allow the motor vehicle to be weighed by such officer or any other person authorized to conduct weighing, either laden or unladen, and the weight transmitted to the road by any part of the motor vehicle in contact with the road to be tested and, for that purpose, to proceed to a weighing machine, and if any person in charge of any motor vehicle refuses or neglects to comply with any such requirement, or removes its load or any part thereof before such motor vehicle is duly weighed, he shall be guilty of an offence and shall on conviction be liable to a fine of not less than two thousand ringgit and not more than ten thousand ringgit or to imprisonment for a term not exceeding one year or to both.

(2) If so required by the person in charge of the motor vehicle, the authorized officer or person shall, upon the completion of the weighing of such vehicle, issue to that person a duplicate or copy of the weight certificate in respect of such weighing:

Provided that it shall not be lawful for any such officer or person to require the person in charge of the motor vehicle to unload the motor vehicle for the purpose of being weighed unladen.

64 Power to seize motor vehicle   cite [+]

(1) When any person is found or is reasonably believed to be using a motor vehicle in contravention of this Act or any order or prohibition made, or in contravention of the terms of the licence for such motor vehicle, any police officer, any road transport officer authorized in writing in that behalf by the Director General, or the Dato Bandar may, whenever it appears that such motor vehicle or its driver cannot be sufficiently identified or that such action is necessary to cause a discontinuance of the offence, take or cause to be taken or require the person in charge of a motor vehicle to take such motor vehicle to a place of safety, thereto be kept until released by order of a Magistrate, Chief Police Officer, a Director or the Dato Bandar, provided and subject to subsection (3), such motor vehicle shall not be detained longer than is necessary to ascertain the identity of the driver or to secure the discontinuance of the offence, and if any person refuses or neglects to comply with any such requirement, he shall be guilty of an offence.

(2) Any unauthorized person removing or causing to be removed such motor vehicle from the place of safety shall be guilty of an offence.

(3) Any vehicle which has been removed in accordance with subsection (1), may be detained in some suitable place and there to remain at the risk of the owner until any fees as may be prescribed under this Act for such removal and detention are paid.

(4) When any motor vehicle is detained under this section, the police officer or road transport officer detaining the same shall as soon as reasonably practicable, give notice in writing of such detention to the owner of the motor vehicle if the name and address of such owner is known to him and if within three months from the date of its detention the motor vehicle is not claimed by its owner, that officer shall refer the matter to a Magistrate, who shall make such order as he thinks fit in respect of the forfeiture or disposal of the motor vehicle and its load (if any).

(5) If a motor vehicle detained has perishable loads and the storage of such loads pending final forfeiture or disposal order under subsection (4) involves unreasonable expense and inconvenience, the Director may direct that such loads be sold or disposed of at any time and the proceeds of sale held to abide by the result of any prosecution or claim under this section.

65 Removal of broken down and abandoned vehicles   cite [+]

(1) A police officer, a road transport officer, the Dato Bandar, the Perbadanan Putrajaya or the Director General of Highway Authority Malaysia or the concession company duly authorized in writing by the Director General of Highway Authority Malaysia may require the owner, driver or other person in control or in charge of any motor vehicle which has, as a result of an accident or any other cause, broken down or has been permitted to remain at rest on a road in such position or in such condition as is likely to cause obstruction, danger or inconvenience to other persons using the road, to move or cause to be moved such motor vehicle from such road to any other road or any such position or place as may be specified.

(2) Any person who fails to comply when required to move such motor vehicle under this section shall be guilty of an offence.

(3) Where any vehicle which has, as a result of an accident or any other cause, broken down or has been permitted to remain at rest on a road in such position or in such condition as is likely to cause obstruction, danger or inconvenience to other persons using the road, a police officer, a road transport officer, the Dato Bandar, the Perbadanan Putrajaya or the Director General of Highway Authority Malaysia or the concession company duly authorized in writing by the Director General of Highway Authority Malaysia may cause the said motor vehicle to be removed to some suitable place and thereto remain at the risk of the owner, and may detain the same until any fees as may be prescribed under this Act for such removal and detention are paid.

(4) The fees under subsection (3) shall be paid to-

(a) the Chief Police Officer, if the motor vehicle was caused to be removed by a police officer;

(aa) a road transport officer, if the motor vehicle was caused to be removed by a road transport officer;

(b) the Dato Bandar, if the motor vehicle was caused to be removed by a traffic warden or any officer in the service of the City of Kuala Lumpur authorized in writing by the Dato Bandar;

(c) the Perbadanan Putrajaya if the motor vehicle was caused to be removed by a traffic warden or any officer in the service of the Perbadanan Putrajaya;

(d) the Director General of Highway Authority Malaysia, if the motor vehicle was caused to be removed by an officer of the Highway Authority Malaysia authorized in writing by the Director General of Highway Authority Malaysia; or

(e) the concession company, if the motor vehicle was caused to be removed by an officer of the concession company authorized in writing by the Director General of Highway Authority Malaysia.


(5) A police officer, a road transport officer, the Dato Bandar, the Director General of Highway Authority Malaysia, the Perbadanan Putrajaya 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 its removal or while it is being detained, unless such damage was caused negligently or wilfully.

(6) When any motor vehicle is detained under this section, the officer detaining the same shall with all reasonable despatch give notice in writing of such detention to the owner of the motor vehicle if the name and address of such owner is known to him, and if such motor vehicle is not claimed by its owner within three months of the date of its detention, that officer may, after giving one month's notice in the Gazette of his intention so to do, sell by public auction or otherwise dispose of such motor vehicle and its load (if any); provided that no such notice need be given in the case of any load of a perishable nature. The proceeds, if any, from such sale or disposal shall be applied in payment of any fees imposed under this Act and the surplus, if any, shall be paid to the owner of the motor vehicle or if not claimed by such person within twelve months after the date of such sale or disposal, shall be forfeited to the Federal Government, the Dato Bandar or the Perbadanan Putrajaya, or the Director General of Highway Authority Malaysia, as the case may be.

(7) Without prejudice to the powers of the Minister under paragraph 66(1)(f), the Dato Bandar or the Perbadanan Putrajaya, or the Director General of Highway Authority Malaysia may, after consultation with the Minister, by rules impose fees for the removal of any vehicle from any road within the Federal Territory of Kuala Lumpur or the Federal Territory of Putrajaya, and the detention thereof in pursuance of this section.

(8) For the purposes of this section, "concession company" means any company that is authorized to demand, collect and retain tolls under an order made under section 2 of the Federal Roads (Private Management) Act 1984 [Act 306].

66 Rules   cite [+]

(1) The Minister may make rules for any purpose for which rules may be made under this Part and for prescribing anything which may be prescribed under this Part and generally as to the construction, maintenance, use, age and equipment of motor vehicles and the conditions under which they may be used, and otherwise for the purpose of carrying this Part into effect and in particular, but without prejudice to the generality of the foregoing provisions, may make rules-

(a) to regulate the width, height, wheel base, length, overhang and axle weight of motor vehicles and the load carried; the diameter of wheels and their width; the nature and conditions of tyres; and to prohibit the use of any wheels, tracks or tyres likely to cause damage to roads;

(b) to control, in connection with the use of motor vehicles, the emission of smoke, oily substance, ashes, water, steam, visible vapour, noxious fumes, sparks, cinders, gas or grit;

(c) to prohibit excessive noise due to the design or condition of motor vehicles, or to the use or loading thereof;

(d) to regulate the maximum unladen weight of tractors heavy and motor cars heavy, and the maximum laden weight of motor vehicles and the maximum weight to be transmitted to the road or any specified road or any specified area of a road by a motor vehicle of any class or description, or by any part of such a vehicle in contact with the road, and the conditions under which the weights may be required to be tested;

(e) to prescribe the particulars to be marked on motor vehicles;

(f) (Deleted by Act A1391);

(g) to specify the number and nature of springs and brakes with which motor vehicles shall be equipped, and to ensure that springs, brakes, silencers and steering gear shall be efficient and kept in proper working order;

(h) to regulate the appliances to be fitted for signalling the approach of motor vehicles or enabling the drivers of vehicles to become aware of the approach of other vehicles from the rear, or for intimating any intended change of speed or direction of motor vehicle, to regulate or to prohibit the use of any such appliances and to secure that they shall be efficient and kept in proper working order;

(i) to prohibit, in connection with the use of motor vehicles, the use of any appliances, accessories or machines, or the commission of any acts, which are likely to cause annoyance or danger;

(j) to regulate the lights to be carried by motor vehicle whether in respect of the nature of such lights, the positions in which they shall be fixed, and the periods during which they shall be lighted, or otherwise;

(k) to regulate the number of trailers which may be attached in train to any motor vehicle, the manner of attachment, the manner in which the same shall be kept under control and the maximum weight thereof;

(l) to prescribe the number of persons to be employed in driving or attending motor vehicles, and to regulate the duties and conduct of such persons;

(m) (Deleted by Act A1391);

(n) to prescribe a maximum speed for motor vehicles of any class or description and to provide for exemptions in special cases;

(o) to regulate the registration and licensing of motor vehicles, to prescribe registration areas and to assign identification marks to each such area, to prescribe the forms of application and declaration for, and the contents of, motor vehicles and motor trade licences, to prescribe the fees to be charged thereof and the manner of payment thereof, and to provide special facilities for the licensing of motor vehicles brought into Malaysia;

(p) to provide for the supply of registration particulars and the fees to be paid for such particulars;

(q) to provide for the surrender of licences that become void otherwise than by the effluxion of time;

(r) to provide for the issue of a registration certificate in respect of the registration of any motor vehicle and for the surrender, transfer, production and inspection by the prescribed persons of any registration certificate so issued, and for the issue of new registration certificates and new motor vehicle licences in the place of any such registration certificates or licences which may be lost, defaced or destroyed, and for the fee to be paid on the issue thereof;

(s) to prescribe the size, shape and character of the registration number and signs to be displayed on any motor vehicle and the manner in which those registration numbers or signs are to be fixed, displayed, illuminated and rendered easily distinguishable, whether by night or day, and to provide for a distinctive registration number or other sign to be carried by public service vehicles or goods vehicles, or by public service vehicles or goods vehicles licensed for a particular purpose;

(t) to require any person to whom any motor vehicle is sold or disposed of to furnish the prescribed particulars in the prescribed manner;

(u) to prescribe the form of, and the particulars to be included in, an application for a motor trade licence and the identification marks to be carried by any motor vehicle used under such licence and to define the purposes for which the holder of a motor trade licence may use a motor vehicle under such licence;

(v) to extend any provisions as to registration, and provisions incidental to any such provisions, to any motor vehicles in respect of which fees under this Act are not payable (including motor vehicles belonging to the Government), and to provide for the identification of any such motor vehicles;

(w) to require Directors to make the prescribed returns with respect to motor vehicles registered with them, and to make any particulars contained in the register available for use by the prescribed persons;

(x) to exempt with or without conditions any person or class of persons or any motor vehicle or type of motor vehicle from the operation of all or any of the provisions of this Part or from the fees payable thereunder, or to reduce such fees;

(y) to regulate the grant of driving licences, to prescribe the form of application for, and the form and contents of, such licences, to prescribe the conditions to be attached thereto, to prescribe the fees to be charged therefor and the manner of payment thereof;

(z) with respect to-

(i) the nature of tests of competence to drive;

(ii) the evidence of the results of such tests;

(iii) the diseases and disabilities in the case of which an applicant for a driving licence shall not be entitled to claim to be subjected to a test as to his fitness and ability to drive;

(iv) the fee to be charged for such tests and the manner of payment thereof;

(aa) to require a person submitting himself for a test of competence to drive to provide a motor vehicle for the purposes thereof;

(bb) to ensure that the person submitting himself for a test of competence to drive and failing to pass that test shall not be eligible to submit himself for another test before the expiration of such period as may be prescribed, except under an order made by the court by virtue of the powers conferred by subsection 29(5);

(cc) to provide special facilities for granting driving licences to persons who are not permanently resident in Malaysia or in the Republic of Singapore and to dispense in the case of any such persons with the requirements of section 29;

(dd) to provide for the communication by Directors to one another, and to Directors or persons exercising similar functions in the Republic of Singapore of particulars of driving licences; to provide that at any time particulars in respect of any persons who are disqualified from holding or obtaining licences or whose licences are suspended or endorsed are available for use by the police, to prevent a person holding more than one driving licence, to facilitate the identification of holders of driving licences, to provide for the grant of a new licence in place of a licence lost or defaced and to provide for payment of such fees as may be prescribed and generally in connection with driving licences;

(ee) to provide for the control of schools or establishments for the instruction of drivers of motor vehicles;

(ff) to require safety seatbelts to be fitted to such class or description of motor vehicles as may be specified, to prescribe the minimum standards of quality of material and construction with respect to road safety seatbelts and the position in which such safety seatbelts shall be fixed, to require the use of such safety seatbelts and to prohibit the sale or supply of such safety seatbelts;

(gg) without prejudice to this Act, to introduce a system whereby any specified offences under this Act, committed (including offences which are compounded) by any person holding any class of driving licence be recorded by endorsement in his driving licence or otherwise and to provide for the suspension of such person from driving any or all classes of motor vehicle thereof for any period;

(hh) to impose charges for the removal of a motor vehicle from any road and for the detention of such motor vehicles;

(ii) to prescribe the number of persons to be carried on any motor vehicle (other than commercial vehicles);

(jj) to prescribe the procedures relating to tender of registration numbers;

(kk) to regulate the use of any type of fuel used for the purpose of propelling motor vehicles;

(ll) to prescribe the procedures relating to the weighing of motor vehicles and the type of weighing machines to be used after consultation with the Chief Inspector of Weights and Measures;

(mm) to prescribe the procedures relating to the use and testing of breath analyzers and the procedures relating to the blood and urine tests of drivers of motor vehicles and the types of breath analyzers to be used;

(nn) to regulate the deregistration of motor vehicles that are not worthy of repair due to serious accidents, old age or other causes or where the chassis number thereof has been tampered with;

(oo) to regulate the alterations and modifications of registered motor vehicles;

(pp) to prescribe the type approval of any new model of motor vehicle that is introduced and to regulate the quality of manufacturing or assembling of motor vehicles and the recall mechanism;

(qq) to regulate the exercise of any functions of the Director by any person authorized to do so under this Act;

(rr) to provide for the use of wheel clamps or other equipment in respect of certain parking offences, the types of wheel clamps or other equipment to be used, the manner of use thereof and the fees to be charged in respect of the detention of a motor vehicle pursuant to the use of wheel clamps;

(ss) to prescribe any substance as a drug within the meaning and for the purposes of this Act.


(2)

(a) The Minister in prescribing the fees to be charged for the licensing of motor vehicles under paragraph (1)(o) may prescribe-

(i) different rates of fees for different classes of vehicles;

(ii) that the payment of the aforesaid fees in respect of motor vehicles other than stage buses, express buses and charter buses may be related to the engine capacity of such vehicles; and

(iii) that the payment of the aforesaid fees in respect of stage buses, express buses and charter buses may be related firstly to the engine capacity of such buses and secondly to the seating capacity of such buses or the gross collection of receipts during a prescribed period in connection with fares charged on passengers of such buses.

(b) The fees prescribed under subparagraph (a)(iii) of this subsection which are related to gross collection of receipts shall be due and payable within a period to be prescribed and shall for the purposes of paragraph 17(1)(c) not to be treated as prescribed fee.


(3)

(a) For the purpose of ascertaining the fees payable in accordance with subparagraph (2)(a)(iii), which are related to gross collection of receipts, the Director may accept the records of the holder of a licence that are required to be maintained and furnished under the Commercial Vehicles Licensing Board Act 1987 as sufficient proof of the matters contained therein and the fees payable may be assessed by the Director accordingly.

(b) If it is subsequently found that the records hereinbefore referred to in paragraph (a) of this subsection contain any incorrect information in relation to any matter affecting the whole or any part of the fees payable by the holder of a licence in accordance with subparagraph (2)(a)(iii), it shall be lawful for the Director where the whole or any part of such fees has been underpaid to require that such holder shall pay the deficiency without prejudice to any other remedy for the recovery of the fees payable.

(c) It shall be lawful for the Director if it is proved to his satisfaction that any fee payable in accordance with subparagraph (2)(a)(iii) has been overpaid, to refund the fees so overpaid:

Provided that no such refund shall be allowed unless a claim in respect thereof is made within two years after such payments are made.

(d) Without prejudice to any other remedy, any fee payable in accordance with subparagraph (2)(a)(iii) may be recovered by the Minister as a debt due to the Federal Government.



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.

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