(1) If any person-

(a) for the purpose of obtaining, under the provisions of any Part, the grant of any type or description of licence to himself or to any other person, or the variation of any such licence, or for the purpose of preventing the grant of or variation of any such licence, or of procuring the imposition of any conditions or limitation in relation to any such licence, makes any statement or declaration which to his knowledge is false or incorrect, either in whole or in part, or in any material respect misleading;

(b) for the purpose of obtaining the issue of a certificate of insurance or certificate of security under Part IV, makes any statement which is false or misleading, or withholds any material information, unless he establishes, to the satisfaction of the court, that he acted without any intent to deceive;

(c) furnishes any particulars or documents in connection with the registration or licensing of a motor vehicle or of a change in possession thereof, or in relation to a motor trade licence, which to his knowledge are false or in any material respect misleading;

(d) in the course of giving evidence at any enquiry held under this Act, makes any statement which is false and which he either knows or believes to be false, or does not believe to be true;

(e) makes any false entry in any book or record or makes any document containing a false statement, intending that such entry, or document or statement may appear or be given in evidence at an enquiry held under this Act; or

(f) makes any entry in a record, register, certificate, or other document required to be issued, kept, maintained or furnished under this Act which is false or in any material respect misleading,

he shall be guilty of an offence and shall on conviction be liable to a fine not exceeding five thousand ringgit or to imprisonment for a term not exceeding one year or to both.

(2) In any prosecution under this section, when it has been proved that any application, particulars, returns, account, document or written statement is false or incorrect in whole or in part or misleading in any material particular, it shall be presumed, until the contrary is proved, that such application, particulars, returns, account, document or written statement was false or incorrect or misleading in a material particular, as the case may require, to the knowledge of the person signing, delivering or supplying the same.

(3) If any person-

(a) forges, alters, tampers with, defaces, mutilates, uses or lends to or allows to be used by any other person any mark, plate or document which is required by this Act to be carried or exhibited on a motor vehicle, or any registration certificate, licence, certificate of insurance or certificate of security under Part IV;

(b) makes or has in his possession any mark, plate or document so closely resembling any such mark, plate or document as aforesaid as to be calculated to deceive;

(c) alters any entry made in a certificate of insurance, certificate of security, registration certificate, register, licence or other document issued or kept under this Act;

(d) issues a certificate of insurance or certificate of security which is false or incorrect, either in whole or in part, or in any material respect misleading;

(e) exhibits on any motor vehicle any licence or identification mark, plate or document which has been altered, tampered with, defaced, mutilated or added to, or any imitation of a licence, mark, plate or document which is required under this Act to be carried or exhibited on a motor vehicle;

(f) exhibits on any motor vehicle any licence or identification mark, plate or document which does not belong to such vehicle;

(g) uses any forged, altered, defaced or mutilated driving licence, or licence to act as a driver or conductor of a public service vehicle, or any badge prescribed to be carried by such persons, or any licence to which an addition not authorized by this Act has been made;

(h) alters, defaces, conceals or obliterates any endorsement on a driving licence or a licence to act as a driver or conductor of a public service vehicle;

(i) prepares or maintains or authorizes the preparation or maintenance of false records that are required to be maintained under this Act; or

(j) falsifies or authorizes the falsification of records that are required to be furnished under this Act,

he shall be guilty of an offence and shall on conviction be liable to a fine of not less than five thousand ringgit and not more than twenty thousand ringgit or to imprisonment for a term of not less than one year and not exceeding five years or to both.

(4) Subsection (3) shall, with all necessary modifications, apply in relation to a document evidencing the appointment of a road transport officer as they apply in relation to a licence.

(5)

(a) If any police officer or road transport officer has reasonable cause to believe that a document carried on a motor vehicle, or any licence or certificate of insurance or certificate of security or registration certificate or record or other document produced to him in pursuance of the provisions of this Act by the driver of person in charge of a motor vehicle, is a document in relation to which an offence under this section has been committed, he may seize the document.

(b) For the purposes of this subsection, the expression "document" shall include a plate or badge, and the expression "seize" shall include power to detach from the motor vehicle.

(6) In this section, the expressions "certificate of insurance" and "certificate of security" include any document issued under rules made by the Minister in pursuance of his power under Part IV to prescribe evidence which may be produced in lieu of a certificate of insurance or a certificate of security and the expression "mark" includes the engine or chassis number of a motor vehicle.

(1) For the purpose of any prosecution or proceedings under this Act, the registered owner of a motor vehicle shall be deemed to be the owner of that motor vehicle.

(2) Except where otherwise required by this Act, any act or omission by whoever was the driver of a motor vehicle at the material time, shall for the purpose of any prosecution or proceedings under this Act, be deemed to be the act or omission of the registered owner unless he satisfies the court that he took all reasonable steps and precautions to prevent such act or omission:

Provided that this subsection shall not apply to an act or omission of a person in driving a motor vehicle in contravention of sections 41 to 49.

(3) In the event of any act or omission by whoever was the driver of a motor vehicle at the material time, which would have been an offence against this Act if committed by the registered owner, such driver shall also be guilty of that offence.

(3A) Where a licence holder is the registered owner of a motor vehicle used by any employee in the commission of an offence under section 41, 42, 43, 44, 45, or 45A and three or more offences under those sections or any combination of those sections have been committed within a period of three years in the course of such employment by the same employee, whether involving the same motor vehicle or otherwise, the licence holder shall be guilty of an offence and shall, on conviction, be liable to a fine of not less than fifty thousand ringgit and not more than one hundred and fifty thousand ringgit.

(3B) Where a second or subsequent offence under subsection (3A) is committed within three years of a conviction under subsection (3A), the licence holder shall be liable to a fine of not less than one hundred thousand ringgit and not more than five hundred thousand ringgit.

(4) Where the registered owner is a body corporate, any person who at the time of the commission of such offence was a director, general manager, manager, secretary or other similar officer of the body corporate, or who was purporting to act in any such capacity, shall be deemed to be guilty of the offence unless he proves that the offence was committed without his consent or connivance, and that he exercised such diligence to prevent the commission of the offence as he ought to have exercised having regard to the nature of his functions in that capacity and to all the circumstances.

(5) For the purposes of this section, "licence holder" means-

(a) in respect of Peninsular Malaysia-

(i) a person licensed as an operator of a public service vehicle service;

(ii) a person issued with a tourism vehicles licence; or

(iii) a person licensed as an operator of a goods vehicles service,

under the Land Public Transport Act 2010; and

(b) in respect of Sabah and Sarawak-

(i) a person issued with a public service vehicle licence for stage buses, charter buses, express buses, mini buses, employees' buses, feeder buses or school buses; or

(ii) a person issued with a goods vehicle licence for carrier's licence 'A' or carrier's licence 'B',

under the Commercial Vehicles Licensing Board Act 1987.

Any person who without lawful authority, by the placing of any vehicle, material or matter of any description on or near a road or by interfering with any drainage constructed alongside any road, obstructs or endangers traffic on the road shall be guilty of an offence and shall on conviction be liable to a fine not exceeding one thousand ringgit.

(1) Whoever abets the commission of an offence against this Act shall be punishable with the punishment provided for the offence.

(2) Where a person is convicted of abetting the commission of an offence under subsection (1) (being an offence on conviction of which a driving licence granted under Part II might be suspended or endorsed or the defendant be disqualified from holding or obtaining such a licence) and it is proved that he was present in the motor vehicle at the time of the commission of the offence, the offence of which he is convicted shall, for the purposes of that Part relating to endorsements and suspension of licences and disqualifications from holding or obtaining licences, be deemed to be an offence in connection with the driving of a motor vehicle.

(1) A police officer, road transport officer or traffic warden may arrest without a warrant-

(a) any person who has committed or is suspected of having committed an offence against section 41, 42, 44, 45, 45A or 50;

(b) any person, not being the driver of a motor vehicle, who within his view commits an offence against this Act other than an offence against any of the sections mentioned in paragraph (a):

Provided that such person shall not be arrested if he satisfies such officer as to his name and residence in Malaysia, and that he does not intend to abscond;

(c) any person in charge of or driving a motor vehicle who has committed or is suspected of having committed an offence against this Act other than an offence against any of the sections mentioned in paragraph (a):

Provided that such person shall not be arrested if-

(i) on the demand of such officer he produces his driving licence so as to enable the officer to ascertain the name and address of the holder of the licence, the date of issue and the authority by which it was issued; or

(ii) not being the driver of a motor vehicle used for the carriage of passengers for hire or reward or for the carriage of goods, he gives the officer his name and a place of residence within Malaysia,

unless such officer has reason to suspect that the name or address so ascertained or given is false.

(2) A police officer, road transport officer or traffic warden may require any person who appears to him to be or to have been a passenger in the motor vehicle in relation to which such officer is exercising any of the powers conferred on him by this section to give him his name and address; and if such person refuses to give such name and address he may (subject to subsection 123(2)) be arrested by such officer without a warrant in order that his name and address may be ascertained.

(3) A police officer, road transport officer or traffic warden may detain any bicycle, electric bicycle or tricycle in respect of which an offence has been committed within his view.

(1) Every police officer making an investigation under this Act may exercise any or all of the special powers in relation to police investigation in seizable cases conferred on such police officer by Chapter XIII of the Criminal Procedure Code [Act 593], and sections 112 to 114 of that Code shall apply to statements made by persons examined in the course of such investigation.

(2) Where any offence against this is committed or suspected to have been committed within the Federal Territory of Kuala Lumpur or the Federal Territory of Putrajaya, a traffic warden shall have power to require, whether orally or in writing, any person to supply him any information and any person who fails to supply such information or supplies any information which he has reason to believe to be false shall be guilty of an offence.

(1) Every road transport officer making an investigation under this Act shall have the power to require information, whether orally or in writing, from any person supposed to be acquainted with the facts and circumstances of the case under investigation.

(2) Whoever, on being required by a road transport officer to give information under this section, refuses to comply with such request by the officer or furnishes as true, information which he knows or has reason to believe to be false, shall be guilty of an offence and shall on conviction be liable to a fine not exceeding five thousand ringgit or to imprisonment for a term not exceeding one year or to both.

(3) When any such information is proved to be untrue or incorrect in whole or in part, it shall be no defence to allege that such information or any part thereof was misinterpreted, or furnished inadvertently or without criminal or fraudulent intent.

(1) Where the driver of a motor vehicle is alleged or is suspected to be guilty of an offence in connection with the driving of the motor vehicle-

(a) the owner of the motor vehicle shall give such information as he may be required by a police officer, traffic warden or road transport officer to give as to the identity and address of the person who was driving the said motor vehicle at or about the time of the alleged offence, and as to the licence or licences held by that person, and if he fails so to do within seven days of the date on which the information was required from him, he shall be guilty of an offence unless he proves, to the satisfaction of the court, that he did not know and could not with reasonable diligence have ascertained the information required; and

(b) any other person who was or should have been in charge of the motor vehicle shall, if so required as aforesaid, give any information which it is in his power to give, and which may lead to the identification of the driver, and if, within seven days of the date on which the information was required from him, he fails so to do, he shall be guilty of an offence.

(2) Notwithstanding anything contained in any written law, any information given under this section by any person charged with any offence in connection with the driving of a motor vehicle may be used as evidence at the hearing of the charge.

(3) Notwithstanding anything contained in any written law, any statement made by any person to any police officer that a particular motor vehicle was being driven by or belonged to that person or that it belonged to a partnership in which such person also stated that he was a partner or to a corporation of which such person stated that he was a director, officer or employee on a particular occasion shall be admissible in evidence for the purpose of determining by whom the vehicle was being driven or to whom it belonged.

(1) Notwithstanding section 115, if an owner of a motor vehicle is alleged to have committed or is suspected of committing an offence in relation to the driving of a motor vehicle, a police officer, a traffic warden or a road transport officer may, in lieu of applying to the court for a summons, as soon as reasonably practicable serve upon that owner a notice in the prescribed form to his last-known address ordering him to give such information as to the identity and address of the person who was driving the said motor vehicle at or about the time of the alleged offence, and as to the licence held by that person.

(2) If an owner of a motor vehicle who is served with a notice as provided under subsection (1) fails to comply with the notice within fourteen days on which the information was required from, he shall be deemed to be the driver of the motor vehicle at or around the time the offence was committed and shall 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.

(3) Notwithstanding anything contained in any written law, any information given under this section by any person who is later charged with any offence in connection with the driving of a motor vehicle may be used as evidence at the hearing of the charge.