Road Transport Act 1987 – Act 133

 

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p. 1

road transport 1 laws of malaysia reprint act 333 road transport act 1987 incorporating all amendments up to 1 july 2006 published by the commissioner of law revision malaysia under the authority of the revision of laws act 1968 in collaboration with percetakan nasional malaysia bhd 2006

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2 road transport act 1987 date of royal assent 30 august 1987 24 september 2987 date of publication in the gazette previous reprints first reprint second reprint 1999 2001

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3 laws of malaysia act 333 road transport act 1987 arrangement of sections part i preliminary section 1 2 3 4 short title application and commencement interpretation appointment powers of dato bandar and traffic wardens part ii classification registration and licensing of motor vehicles and drivers classification of motor vehicles 3a authorization to mayor and officers of city council 5 6 classification of motor vehicles prohibition of motor vehicles not complying with rules registration of motor vehicles 7 8 9 10 11 12 registration of motor vehicles and owners keeping of register keeping of accounts by licensed registrar applications for registration registration numbers inspection of motor vehicles and information to director general

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4 section laws of malaysia act 333 13 14 procedure on change of possession of motor vehicles display of registration number licensing of motor vehicles 15 16 17 18 19 20 21 22 23 motor vehicle licences requirements for application director may refuse to issue motor vehicle licences in certain cases effect on licence of altering vehicle surrender of motor vehicle licence display of motor vehicle licence visitors licence motor vehicle trade licences other offences in connection with registration and licensing of motor vehicles miscellaneous 24 25 recovery of fees international certificates licensing of motor drivers 26 27 28 29 30 31 32 33 34 driving licences application for driving licence recognition of driving licences of other countries tests of competence to drive provisions as to physical fitness of applicants for and holders of driving licence disqualification for offences suspension of driving licence upon disqualification application to remove disqualification endorsements on driving licence 34a endorsement where driving licence is incorporated in a multipurpose electronic card or device 35 power of director general to suspend or revoke a driving licence 35a power of director general to revoke a probationary driving licence

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road transport section 5 36 37 38 power to suspend driving licence of drug dependant licensee may show cause why driving licence should not be suspended or revoked surrender and return of driving licence driving and offences in connection therewith 39 40 41 42 43 44 45 restriction on driving by young persons exceeding speed limit causing death by reckless or dangerous driving reckless and dangerous driving careless and inconsiderate driving driving while under the influence of intoxicating liquor or drugs being in charge of motor vehicles when under the influence of intoxicating liquor or drugs 45a driving or being in charge of a motor vehicle with alcohol concentration above prescribed limit 45b breath test 45c provision of specimen for analysis 45d protection of hospital patient 45e detention 45f evidence in proceedings for an offence under sections 44 and 45 involving intoxicating liquor and section 45a 45g interpretation of sections 44 and 45b to 45f 46 47 48 49 50 51 52 53 54 55 driving when suffering from disease or disability riding on running boards and obstruction of driver obstruction by vehicle on road pillion riding unlawful interference and importuning taking motor vehicle without consent of registered owner duty to stop in case of accidents power to order appearance in court application to pedal cyclists of provisions relating to certain driving offences duty to stop vehicles on demand

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6 laws of malaysia licensing of drivers and conductors of public service vehicles employees vehicles and goods vehicles act 333 section 56 57 vocational licences vocational licence of goods vehicles and employees vehicles miscellaneous 58 59 60 61 62 63 64 65 66 duty to produce driving licence and certificate of insurance power to test and prohibit use of vehicles power to detain vehicles for inspection power to order production of motor vehicle and licence power to enter and search premises weighing of vehicles power to seize motor vehicles removal of broken down and abandoned vehicles rules part iia periodic inspection of motor vehicles 66a 66b 66c 66d inspection certificates required for certain motor vehicles vehicles required to undergo periodic inspection issuance and refusal of inspection certificate display of inspection certificate 66da recognition of inspection certificates of other countries 66e only person licensed may inspect 66f employment of examiners 66g rules part iii roads 67 68 69 70 interpretation highway code speed limits power to restrict use of vehicles on specified roads

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road transport section 7 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 power to restrict vehicles provision of parking places and stands reservation of parking place for diplomatic missions parking place for disabled persons pedestrian crossings duty of pedestrians to comply with traffic directions erection of traffic signs power to set up roadblocks penalties for neglect of traffic directions and signs ropes etc across road restriction on competitions and speed trials forfeiture of vehicles used in competitions and speed trials power to erect refuges subways and footbridges power to remove structures from roads construction of access and drains and laying of public utility installations to existing roads restriction of vehicles on bridges provisions as to extraordinary traffic rules part iv provisions against third party risks arising out of the use of motor vehicles 85a construction of structures for advertisement etc 86 87 88 89 90 91 92 93 94 95 96 97 interpretation motor vehicle users to be insured against third party risks requirements in respect of policies furnishing of returns and information by insurers requirements in respect of securities certain conditions in policies or securities to be of no effect avoidance of restrictions on scope of third party risks policies duty of insurers to satisfy judgements against persons insured in respect of third party risks rights of third parties against insurers

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8 section laws of malaysia 98 99 duty to give necessary information to third parties settlement between insurers and insured persons bankruptcy etc not to affect third party claims further rights of third parties against insurer surrender of certificate on cancellation of policy production of certificates insurer to be notified of any occurrence deposits application of this part to securities rules part v offences and miscellaneous provisions act 333 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 false statement liability of registered owner and others penalty for obstruction and interference abetment of offences powers of arrest stopping and detention powers of the police in investigation powers of road transport officers in investigation duty to give information and use of statements as evidence deleted provisions as to evidence service and signature of notices general offences and penalties powers to compound plea of guilty by letter and compounding shall not affect provision of policy of insurance director general to be informed of convictions and compounds officers not in uniform to produce identification cards 110a soliciting or touting 116a jurisdiction of court of first class magistrate 117a evidence and records of previous conviction 119a offence committed by body corporate

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road transport section 9 124 125 126 127 128 129 payment of licence fees minister may authorize any person to carry out functions of director power of the minister to authorize or grant licence rules repeal transitional and saving power of minister to make additional transitional provisions etc 124a declaration of public body 126a revocation

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10 laws of malaysia act 333

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road transport laws of malaysia act 333 road transport act 1987 11 an act to make provision for the regulation of motor vehicles and of traffic on roads and other matters with respect to roads and vehicles thereon to make provision for the protection of third parties against risks arising out of the use of motor vehicles to make provision for the co-ordination and control of means of and facilities for transport to make provision for the co-ordination and control of means of and facilities for construction and adaptation of motor vehicles and to make provision for connected purposes [1 january 1988 p.u b 694/1987 be it enacted by the seri paduka baginda yang di-pertuan agong with the advice and consent of the dewan negara and dewan rakyat in parliament assembled and by the authority of the same as follows part i preliminary short title application and commencement 1 1 this act may be cited as the road transport act 1987 and shall come into force on such date as the minister may by notification in the gazette appoint 2 the minister may appoint different dates for the coming into force of different parts and provisions of this act 3 this act shall apply throughout malaysia interpretation 2 in this act unless the context otherwise requires accident means an accident or occurrence whereby damage or injury is caused to any person property vehicle structure or animal airport has the same meaning assigned to it by the civil aviation act 1969 [act 3

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12 laws of malaysia act 333 animal means any horse pony mule ass buffalo cattle sheep pig goat or dog appointed day means the day appointed by the minister under section 1 for the coming into force of any part or provision of this act bankruptcy includes insolvency as a result of which a wage earner s administration order has been made under the laws relating to bankruptcy carriage of goods includes the haulage of goods certificate of insurance includes a cover note chief police officer means any police officer vested by the inspector general of police with the control of the royal malaysia police in respect of any area or state under section 6 of the police act 1967 [act 344 and designated as such by the inspector general of police commercial vehicle shall have the same meaning as assigned to that expression in the commercial vehicles licensing board act 1987 [act 334 commissioner of police means a commissioner appointed under section 5 of the police act 1967 [act 344 company includes any company as defined in the companies act 1965 [act 125 any company formed under any law any corporation incorporated by law and any firm or partnership conductor means a person licensed under section 56 to act as a conductor of a public service vehicle dato bandar means the dato bandar kuala lumpur appointed under section 3 of the federal capital act 1960 [act 190 read with section 4 of the city of kuala lumpur act 1971 [act 59 and includes any officer in the service of the city of kuala lumpur authorized in writing by the dato bandar to exercise powers conferred or to perform duties imposed by this act on the dato bandar deputy director means a deputy director for road transport appointed under section 3;

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road transport 13 deputy director general means the deputy director general for road transport appointed under section 3 director means a director for road transport appointed under section 3 director general means the director general for road transport appointed under section 3 driver means the person for the time being driving a motor vehicle and in the case of a stationary motor vehicle includes the person for the time being responsible for the driving of the motor vehicle driving licence means a licence to drive a motor vehicle granted or deemed to be granted under part ii and includes a learner s driving licence and a probationary driving licence granted under section 29 goods means anything including livestock carried on or in a motor vehicle for the purposes of any trade or business but does not include a equipment ordinarily used with the vehicle b articles of merchandise carried by a person on or in the vehicle solely for the purpose of exhibition as samples c articles carried by a person on or in the vehicle for use in the exercise of his trade business or profession and not for sale goods vehicle shall have the same meaning as is assigned to that expression in the commercial vehicles licensing board act 1987 government means the federal government or any state government highway authority means the body corporate established under section 3 of the highway authority malaysia incorporation act 1980 [act 231 kawasan perbadanan putrajaya means the area as described in section 10 of the perbadanan putrajaya act 1995 [act 536

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14 laws of malaysia act 333 land implement means any implement or machinery used with a land tractor in connection with the purposes for which a land tractor may be used under this act land tractor means a motor tractor designed and used primarily for work on the land in connection with agriculture planting or forestry land levelling draining dredging or similar operations which is driven on a road only when proceeding to and from the site of such work and when so driven hauls nothing other than land implements learner s driving licence means a driving licence which is granted to any person to learn theoretical and practical driving and thereafter to be tested on the prescribed tests of competence maximum permissible laden weight means such weight as the director general shall specify as a laden weight which is suitable for a specific vehicle using a road member of the forces means a a member of the armed forces b a police officer c a member of a visiting force within the meaning of any law for the time being in force regulating visiting forces lawfully present in malaysia minister means the minister charged with responsibility for transport motor vehicle means a vehicle of any description propelled by means of mechanism contained within itself and constructed or adapted so as to be capable of being used on roads and includes a trailer owner a in relation to a motor vehicle registered or deemed to be registered under this act means the registered owner of such vehicle and b in relation to any other motor vehicle means the person in possession of or using or having the use of the motor vehicle parking means the bringing of a motor vehicle to a stationary position and causing it to wait for any purpose other than that of immediately taking up or setting down persons goods or luggage;

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road transport 15 parking place means a place set apart as a place at which motor vehicles or any specified class or description of motor vehicles may be parked passenger a in relation to a person carried on a public service vehicle does not include the driver or conductor or any ticket inspector on the vehicle in pursuance of his duties b in relation to persons carried on a goods vehicle does not include the driver or any attendant required by law to be carried on such vehicle and c in relation to a private car does not include the driver perbadanan putrajaya means the perbadanan putrajaya established under section 3 of the perbadanan putrajaya act 1995 police officer includes an extra police officer a volunteer reserve police officer or an auxiliary police officer appointed under the police act 1967 probationary driving licence means a licence for a probationary period of two years which is granted to any person who has passed the prescribed tests of competence public body means a body declared by the minister to be a public body public service vehicle shall have the same meaning as assigned to that expression in the commercial vehicles licensing board act 1987 registered owner means the person registered as the owner of a motor vehicle under paragraph 111 b registered medical practitioner means a medical practitioner registered under the medical act 1971 [act 50 registration certificate includes registration book road means a any public road and any other road to which the public has access and includes bridges tunnels lay-bys ferry

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