Section 109 — ROAD TRANSPORT ACT 1987

(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.

166 Laws of Malaysia ACT 333

(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—

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(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.

Penalty for obstruction and interference