Section 17

the registration certificate relating to the motor vehicle specified in such application is produced and the particulars contained in such application are identical with the corresponding particulars contained in such registration certificate;

the identifying particulars of the motor vehicle, including the engine and chassis number, remain clear, distinct and untampered and are identical with the corresponding particulars contained in such registration certificate;

(ba) in the case of an application through electronic means, the relevant details in the registration certificate of the motor vehicle are duly submitted online;

(bb) in relation to a class or category of motor vehicles required to undergo periodic inspection under Part IIA, the inspection certificate issued under section 66C is produced;

the prescribed fee has been paid; and

he is satisfied that the applicant has no outstanding matter or case with the Road Transport Department or the Police relating to any contravention of or offence against this Act or the Commercial Vehicles Licensing Board Act 1987:

Provided that paragraph (b) shall not apply to any electric motor vehicle which has no engine number.

(Deleted by Act A891).

(Deleted by Act A891).

38 Laws of Malaysia ACT 333

A Director may refuse to grant a motor vehicle licence or a motor trade licence or may cancel or suspend for a period not exceeding six months a motor vehicle licence or a motor trade licence already granted if, after giving the owner an opportunity of making any representation he may wish to make, such Director has reason to believe that the motor vehicle referred to in such licence or in respect of which the application is made has been or is intended to be used for an unlawful purpose or in an unlawful manner, and on so doing shall endorse the registration certificate of such motor vehicle accordingly.

For the purposes of subsection (2), the use of any motor vehicle resulting in the breach of any of the conditions attached to such licence under the Commercial Vehicles Licensing Board Act 1987, the Land Public Transport Act 2010 or of any of the statutory conditions specified therein shall be deemed to be a use of such vehicle in an unlawful manner.

Except where the period of suspension of such licence does not exceed one month, any person being the holder of a motor vehicle licence or a motor vehicle trade licence, who is aggrieved by the suspension of such licence by the Director under subsection (2) may, within fourteen days of the suspension by the Director, appeal to the

Director General and on such appeal the Director General, after such inquiry, if any, as he considers fit, may make such order as he considers just, and any order so made shall be binding on the Director and on the appellant.

Where the Director has refused to grant a licence or has cancelled a licence under subsection (2), he forthwith shall notify the

Director General of such refusal or cancellation and state his grounds therefor; and the Director General shall, within fourteen days of the date of such cancellation or refusal, inform the registered owner of the motor vehicle that he confirms or revokes, as the case may be, such cancellation or refusal.

Any person, being an applicant for or holder of a motor vehicle licence, who is aggrieved by the decision of the Director General to refuse to grant or to cancel such licence may, within twenty-one days of the date of confirmation by the Director General under subsection (5), appeal to the Minister, and on such appeal the Minister after such

Road Transport 39

inquiry, if any, as he thinks necessary may make such order as he considers fit, and any order so made shall be binding on the Director

General and on the appellant.

Subsection (6) shall not apply to any person who acquires a motor vehicle after the registration certificate of such vehicle has been endorsed in accordance with subsection (2).

Where a licence in respect of any motor vehicle has been refused or cancelled under subsection (2), the Director may refuse to grant a further licence in respect of such vehicle for any period not exceeding six months from the date of such cancellation, and subsections (5) and (6) shall not apply in the case of such refusal.

Effect on licence of altering vehicle