Malaysia legislation
Section 41
Section 41
Road Transport 63
(2)
The court shall order particulars of any conviction under this section to be endorsed on any driving licence held by the person convicted.
(3)
A person convicted under this section shall be disqualified from holding or obtaining a driving license for a period of not less than
**five years from the date of the conviction and, in the case of a
*NOTE―Previously “for a term of not less than two years and not more than ten years and to a fine not less than five thousand ringgit and not more than twenty thousand ringgit”–see subsection 3(a) of Road
Transport (Amendment) Act 2020 [Act A1618].
**NOTE―Previously “three years”–see subsection 3(b) of Road Transport (Amendment) Act 2020
64 Laws of Malaysia ACT 333
second or subsequent conviction, be disqualified for a period of ten years from the date of conviction.
(3A)
Notwithstanding subsection (1), where a person who is a holder of a probationary driving licence is convicted under this section, the court shall revoke his driving licence.
(4)
The court may upon the trial of a person for an offence under this section convict such person of an offence under section 42 or 43.
(5)
Notwithstanding anything in any written law for the time being in force, the court before which a person is charged with an offence under this section shall order the immediate confiscation of the driving licence of that person and shall order the suspension of the license commencing from the date the charge is first read to that person and such suspension shall have effect—
(a)
until the court makes a final decision on the charge; and
(b)
as if the suspension is the suspension referred to in section 32.
(5A)
If the driving licence of the person referred to in subsection (5) is incorporated in a multipurpose electronic card or device, the order of the court under that subsection shall be deemed to have been complied with if the particulars of the order are included in the database maintained by or on behalf of the Director General of driving licences granted under this Act and holders of such driving licences.
(5B)
Notwithstanding subsection (5A), the Director may direct the person referred to in subsection (5) to surrender, within such period as the Director may specify, the multipurpose electronic card or device in which the driving licence is incorporated to him, or to a road transport officer authorized in writing in that behalf by the
Director General, for the inclusion in the data stored in the card or device the particulars of the order of the court made under subsection (5)
and the Director or such authorized officer shall, after such inclusion, immediately return the card or device to the person.
Road Transport 65
Reckless and dangerous driving