Malaysia legislation
Section 117
Section 117
Provisions as to evidence
(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,
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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
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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.
(6A)
Notwithstanding subsection (6), paragraphs (6)(d) and (6)(e)
shall not apply in respect of a certificate for the purpose of a computerized or electronic weigh in-motion system installed on any road.
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(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
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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.
Evidence and records of previous conviction