Notwithstanding anything contained in any written law to the contrary, a court of a First Class Magistrate shall have the jurisdiction to try any offence under this Act and to award the full punishment for any such offence.

(1) A registration certificate shall be prima facie
evidence of the registration of the motor vehicle referred to therein, and of the particulars appearing in the register relating to such motor vehicle and the registered owner thereof.

(2) A copy of any entry in any register required to be kept under this Act, purporting to be signed by or on behalf of the person who, under this Act, is required to keep such register, and certified by or on behalf of such person to be a true copy thereof, shall be evidence of the matters stated in that entry without proof of the signature or authority of the person signing the said entry or the said certificate.

(3) When in any proceedings for an offence against this Act it is necessary to prove-

(a) that a motor vehicle was, or was not, registered in the name of any person;

(b) that any person was, or was not, the registered owner of a motor vehicle; or

(c) that any person was, or was not, the holder of a licence granted under Part II,

a certificate purporting to be signed by a Director or a Deputy Director and certifying the matters aforesaid shall be admissible as evidence, and shall constitute prima facie proof of the facts certified in such certificate, without proof of the signature of the Director or Deputy Director to such certificate.

(4) When in any proceedings for an offence against this Act it is necessary to prove-

(a) that a motor vehicle was, or was not, an authorized vehicle; or

(b) that any person is a road transport officer,

a certificate purporting to be signed by the Director General, and certifying as to the matters aforesaid, shall be admissible as evidence, and shall constitute prima facie proof of the facts certified in such certificate, without proof of the signature of the Director General to such certificate.

(5) When in any proceedings for an offence against this Act, any question arises as to the damage or extent of damage caused to a motor vehicle as a result of an accident or whether a motor vehicle does, or does not, comply with any provision of this Act relating to the construction, equipment or conditions of use of such motor vehicle, the certificate of a road transport officer or any person licensed under this Act that he has examined the motor vehicle and the result of such examination shall be admissible in evidence, and shall be sufficient prima facie evidence of any fact or opinion stated therein relating to the construction, equipment or conditions of use of such motor vehicle, and the officer or the person licensed under this Act may not be called for cross-examination on the certificate unless contrary evidence is given which appears to the court to be credible, or unless for any reason the court considers cross examination to be necessary or desirable in the interest of justice:

Provided that in any case in which the prosecution intends to give in evidence of any such certificate there shall be delivered to the defendant a copy thereof not less than ten clear days before the commencement of the trial.

(6) When in any proceedings it is necessary to prove the weight unladen or laden of any vehicle, or the weight of any load carried on any vehicle, or the weight carried on any axle of the vehicle, a certificate purporting to be signed by-

(a) any police officer authorized in writing in that behalf by a Chief Police Officer or Commissioner of Police;

(b) any road transport officer authorized in writing in that behalf by the Director General;

(c) 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;

(d) any traffic warden authorized in writing in that behalf by the Dato Bandar or the Perbadanan Putrajaya;

(e) any officer of a port authority authorized in writing in that behalf by the General Manager of the port authority;

(f) any person licensed under this Act,

to operate the weighbridge or weighing machine on which the said vehicle or load was weighed, and certifying-

(aa) that such weighbridge or weighing machine had been examined within the previous six months and found to be accurate by the Inspector of Weights and Measures; and

(bb) the weight of such vehicle or load, shall be accepted by any court as prima facie proof of the facts certified in such certificate.

(7) When in any proceedings before any court it is necessary to prove that any police officer, the Director General, any Director, any road transport officer, any public servant, any person licensed under this Act or any traffic warden has sent or served, or has received or has not received, any badge, document, licence, notice, plate or other thing, a certificate purporting to be signed by or on behalf of such police officer, Director General, Director, road transport officer, public servant, any person licensed under this Act or traffic warden and certifying the sending, service, reception or non-reception of such badge, document, licence, notice, plate or thing, shall be admissible as evidence, and shall constitute prima facie proof of the facts certified in such certificate, without proof of the signature to such certificate.

(8) In any proceedings in any court, particulars of a conviction endorsed on a driving licence granted under Part II may be produced as prima facie evidence of the conviction.

(9) Where in any proceedings for an offence against this Act it is necessary to prove that a helmet is or is not a protective helmet, or a seat-belt is or is not a safety seat belt, prescribed under the rules made under this Act, a certificate purporting to be signed by the Director or any officer of the Standards and Industrial Research Institute of Malaysia shall be admissible as evidence, and shall constitute prima facie proof of any fact or opinion stated therein, without proof of the signature of the said Director or officer to such certificate, and neither the Director nor any officer of the Standards and Industrial Research Institute of Malaysia shall be called for cross-examination on the certificate unless for any reason the court considers the cross-examination to be necessary or desirable in the interest of justice.

(10) When in any proceedings it is necessary to prove the speed of any vehicle, a certificate purporting to be signed by any public servant who is an electrical engineer or a mechanical engineer and certifying that any equipment used for determining the speed of vehicles had been examined within the previous eight months and found to be accurate shall be accepted by any court as prima facie proof of the facts certified in such certificate and such public servant shall not be called for cross-examination on the certificate unless for any reason the court considers the cross-examination to be necessary or desirable in the interest of justice.

(11) In any proceedings in any court, any recorded image tendered by the prosecution for any offence under this Act shall be admissible as evidence, and shall constitute prima facie proof of any fact stated therein.

(1) For the purposes of sentencing under this Act, when it is necessary to prove in any court that the offence for which a person is being convicted is a second or subsequent offence, a certificate purporting to be a record of his previous conviction, signed by-

(a) any road transport officer authorized in writing in that behalf by the Director General; or

(b) any police officer authorized in writing in that behalf by the Chief Police Officer or Commissioner of Police, having custody of the records in which such conviction is kept, shall be admissible as evidence and shall constitute a prima facie proof of any fact stated therein.

(2) The certificate under subsection (1) shall only be admissible if it is a record in respect of the same offence and the conviction is obtained within five years from the date of the present conviction.

(1) Any notice required to be given or served under this Act, may, unless some other form of service is prescribed, be served on the person affected thereby as follows:

(a) by giving the original copy of the notice personally to such person;

(b) by affixing a copy of the notice on any conspicuous part of the house or any other place such person usually resides;

(c) by affixing a copy of the notice on any conspicuous part of such person's motor vehicle; or

(d) by sending the notice through registered post.

(2) Where a notice is served by registered post, it shall be deemed to have been served on the day succeeding the day on which the notice would have been received, in the ordinary course of post, if the notice is addressed-

(a) in the case of a company incorporated in Malaysia, to the registered office of the company;

(b) in the case of a company incorporated outside Malaysia, either to the individual authorized to accept service of process under the Companies Act 1965, at the address filed with the Registrar of Companies or to the registered office of the company, wherever it may be situated;

(c) in the case of an individual or a body of persons, to the personal address kept in the Director's register under sections 8 and 27A.

(3) Where the person to whom there has been addressed a registered letter containing any notice which may be given under this Act is informed of the fact that there is a registered letter awaiting him at a post office, and such person refuses or neglects to take delivery of such registered letter, such notice shall be deemed to have been served upon him on the date on which he was so informed.

(4) (Deleted by Act A1391).

(1) Any person who-

(a) without lawful excuse, proof of which shall lie on him, refuses or neglects to do anything he is by this Act required to do;

(b) without lawful excuse, proof of which shall lie on him, fails to comply with the requirements of any notice served on him under this Act; or

(c) without lawful excuse, proof of which shall lie on him, contravenes or fails to comply with any provisions of this Act,

shall be guilty of an offence.

(2) Any person who is guilty of an offence under this Act shall, where no special penalty is provided, be liable in the case of a first conviction, to a fine not exceeding *two thousand ringgit or to imprisonment for a term not exceeding six months and, in the case of a second or subsequent conviction, to a fine not exceeding four thousand ringgit or to imprisonment for a term not exceeding twelve months or to both.

(3) Any person summoned to answer a charge in respect of any offence which under the next following section might be compounded, may appear in answer to such charge either personally or by advocate and solicitor, and may in any such case, by letter sent to the court by registered post, plead guilty to the charge and submit to the order of the court provided that the provision of this subsection shall not apply to any person who has been served with a notice under section 53.

(4) Any summons issued in respect of a charge included in subsection (3) shall contain a notice informing the person charged of his rights under that subsection and the amount of the fine to be imposed on him which sum shall accompany the letter pleading guilty to the offence.

(5) If any person having appeared by an advocate and solicitor, or having pleaded guilty by letter as provided in subsection (3) is sentenced to imprisonment, the court shall issue a warrant for his apprehension, and the sentence of imprisonment imposed shall commence to run only after the apprehension of such person under the warrant.

(6) The Minister may make rules for the purpose of prescribing the form of any summons or warrant to be issued in pursuance of this section, and generally to enable the provisions of this section to be carried into effect.

Where an offence under this Act is committed by a body corporate (whether or not the body corporate has been prosecuted), every director, secretary or manager of the body corporate 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 had exercised all due 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 of the case.

(1) Notwithstanding paragraph 17(1)(d) and subsection 29(1A), the Director may refuse or suspend any dealing or transaction or part of it under this Act where there is any outstanding matter or case relating to any contravention of this Act or any contravention of the written law prescribed in the Third Schedule:
Provided that-

(a) in the case of a motor vehicle licence, such outstanding matter or case in relation to a particular motor vehicle of a person shall not affect any other motor vehicle registered under his name; and

(b) in the case of a driving licence, such outstanding matter or case in relation to a particular class of driving licence of a person shall not affect his other class of driving licence.

(1) Any of the following officers, that is to say-

(a) a Chief Police Officer, a Commissioner of Police or any police officer not below the rank of Inspector specially authorized in writing by name or by office in that behalf by the Minister charged with the responsibility for the police;

(b) the Director General or Director or any road transport officer specially authorized in writing by name or by office in that behalf by the Director General;

(c) the Dato Bandar;

(cc) the President or any officer of the Perbadanan Putrajaya specially authorized in writing by name or by office in that behalf by the President;

(d) the Director General of Highway Authority Malaysia or any officer specially authorized in writing by name or office in that behalf by the Director General of Highway Authority Malaysia;

(e) an officer of the appropriate authority specially authorized in writing by name or by office in that behalf by the Minister charged with the responsibility for local government,

may in his discretion compound any such offence against this Act as may be prescribed as an offence which may be compounded by such officer or in the case of an officer mentioned in paragraph (d) or (e) any offence against any order or rules made by the appropriate authority under Part III, by collecting from the person reasonably suspected of having committed the same a sum of money not exceeding three hundred ringgit.

(2) The Minister may make rules to prescribe the offences which may be compounded and the method and procedure therefor.

(3) In this section, "appropriate authority" has the same meaning as in section 67.

Where any person has compounded an offence or pleaded guilty by letter to an offence under this Act, no evidence of any such act shall be admissible in any civil proceedings arising out of the same transaction as the said offence and he shall be deemed not to have committed, by reason only of so doing, a breach of any condition of any policy of insurance relating to admission of liability without the consent of the insurers.