Section 59

If, on such inspection, it appears to such road transport officer that, by reason of any defects, being defects which are prescribed by rules as serious defects, such motor vehicle is or is likely to become unfit for use, or its use is or is likely to become dangerous unless the defects are remedied, he may prohibit the use of such motor vehicle:

Provided that where in the opinion of such road transport officer the defects are such as can be remedied within any period not exceeding ten days and are not defects which involve immediate risk to persons using the motor vehicle or to persons using a road, the prohibition shall not operate before the expiration of that period.

Where, under subsection (2), such road transport officer prohibits the use of a motor vehicle as aforesaid, he shall give written notice of such prohibition to the registered owner of the motor vehicle, to the person in charge and to the Director of the registration area in which the motor vehicle is registered.

In the case of a prohibition on the grounds of such defects as are specified in the proviso to subsection (2), the notice given under subsection (3) shall specify the period within which the defects can in the opinion of such officer be remedied.

A prohibition order made under subsection (2) which has become effective may be removed by any road transport officer authorized by the Director General in writing in that behalf if he is satisfied that the motor vehicle is fit for use and for this purpose he may require an inspection to be carried out.

Road Transport 93

Where an officer withdraws or removes a prohibition he shall give notice of that withdrawal or removal to the registered owner of the motor vehicle and to the Director of the registration area in which the motor vehicle is registered.

Where a prohibition order made under subsection (2) has become effective, any such officer making such order may cause to be detached and removed from the motor vehicle to which the prohibition order relates the registration number plates and any other identifying plate or any licence issued under this Act, and retain the same. On the withdrawal or removal of the prohibition such number plates and licence shall be returned to the holder of the licence or to the person in charge of the vehicle.

Any person aggrieved by the refusal of any road transport officer to withdraw or remove a prohibition order made under subsection (2), may appeal to the Director General, who shall consider such appeal and, if so required, hear the appellant in relation thereto, or, at the discretion of the Director General, any other person, authorized by the appellant to represent him. The Director General may make such order on such appeal as he thinks fit.

If any person contravenes or fails to comply with subsection (1), or uses or permits to be used a motor vehicle at any time, whilst a prohibition order under subsection (2) is in force in relation to such motor vehicle, he shall be guilty of an offence and shall on conviction be liable to a fine of not less than three hundred ringgit and not more than two thousand ringgit or to imprisonment for a term not exceeding six months or to both and, on a second or subsequent conviction, to a fine not exceeding five thousand ringgit or to imprisonment for a term not exceeding one year or to both.

Power to detain vehicles for inspection