Malaysia legislation

Section 34

of *ROAD TRANSPORT ACT 1987

Section 34

(2)

Where a court orders the particulars of any conviction or of any disqualification to which the convicted person has become subject to be endorsed—

(a)

in the case of the convicted person being at the particular time the holder of a driving licence, the endorsement shall be deemed to have been made if the particulars required to be endorsed in the driving licence have been entered into the database maintained by or on behalf of

Road Transport 55

the Director General of the driving licences granted under this Act and holders of such driving licences; and

(b)

in the case of the convicted person not being then the holder of a driving licence, the Director General shall endorse the disqualification to obtain a driving licence under section 38.

(3)

(Deleted by Act A1391).

(4)

(Deleted by Act A1391).

(5)

Where an order has been made in respect of any person under this Part requiring the endorsement of any driving licence held by him, such person shall be entitled, either on applying for the grant of a driving licence under this Part or, subject to the payment of the prescribed fee, on application at any time, to have issued to him a new driving licence free from endorsements—

(a)

if he has, during a continuous period of three years or upwards since the order was made, had no such further order made against him, or no such order other than an order made more than one year before the date of his application and by reason only of a conviction for the offence of driving a motor vehicle at a speed exceeding a speed limit; or

(b)

where the order was made by reason only of such conviction as aforesaid and, immediately before the order was made he was the holder of, or was entitled to have issued to him, a driving licence free from any endorsements except of particulars in relation to such a conviction as aforesaid, and if he has, during a continuous period of one year or upwards since the order was made, had no order requiring endorsement made against him:

Provided that in reckoning the said continuous periods of three years and one year, respectively, any period during which the

56 Laws of Malaysia ACT 333

applicant was by virtue of the order disqualified from holding or obtaining a licence shall be excluded.

(6)

(Deleted by Act A1391).

(7)

(Deleted by Act A1391).

(8)

Where on an appeal against any such order the appeal is allowed or where any such conviction is quashed, the court by which the appeal is allowed or the conviction is quashed shall send notice to the Director who granted the licence, and the Director or other officer of the court shall, as may be necessary, cancel or amend any endorsement on the driving licence concerned.

Endorsement where driving licence is incorporated in a multipurpose electronic card or device

Section 34 — ROAD TRANSPORT ACT 1987 | mylaw.my