Section 108 — ROAD TRANSPORT ACT 1987

(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

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(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;

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(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

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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.

Liability of registered owner and others