Malaysia legislation
Section 66
Section 66
(a)
to regulate the width, height, wheel base, length, overhang and axle weight of motor vehicles and the load carried; the diameter of wheels and their width; the nature and conditions of tyres; and to prohibit the use of any wheels, tracks or tyres likely to cause damage to roads;
(b)
to control, in connection with the use of motor vehicles, the emission of smoke, oily substance, ashes, water, steam, visible vapour, noxious fumes, sparks, cinders, gas or grit;
(c)
to prohibit excessive noise due to the design or condition of motor vehicles, or to the use or loading thereof;
(d)
to regulate the maximum unladen weight of tractors heavy and motor cars heavy, and the maximum laden weight of motor vehicles and the maximum weight to be transmitted to the road or any specified road or any specified area of a road by a motor vehicle of any class or description, or by any part of such a vehicle in contact with the road, and the conditions under which the weights may be required to be tested;
(e)
to prescribe the particulars to be marked on motor vehicles;
(f)
(Deleted by Act A1391);
(g)
to specify the number and nature of springs and brakes with which motor vehicles shall be equipped, and to ensure that springs, brakes, silencers and steering gear shall be efficient and kept in proper working order;
(h)
to regulate the appliances to be fitted for signalling the approach of motor vehicles or enabling the drivers of vehicles to become aware of the approach of other vehicles from the rear, or for intimating any intended change of speed or direction of motor vehicle, to regulate or to prohibit the use of any such appliances and to secure that they shall be efficient and kept in proper working order;
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(i)
to prohibit, in connection with the use of motor vehicles, the use of any appliances, accessories or machines, or the commission of any acts, which are likely to cause annoyance or danger;
(j)
to regulate the lights to be carried by motor vehicle whether in respect of the nature of such lights, the positions in which they shall be fixed, and the periods during which they shall be lighted, or otherwise;
(k)
to regulate the number of trailers which may be attached in train to any motor vehicle, the manner of attachment, the manner in which the same shall be kept under control and the maximum weight thereof;
(l)
to prescribe the number of persons to be employed in driving or attending motor vehicles, and to regulate the duties and conduct of such persons;
(m)
(Deleted by Act A1391);
(n)
to prescribe a maximum speed for motor vehicles of any class or description and to provide for exemptions in special cases;
(o)
to regulate the registration and licensing of motor vehicles, to prescribe registration areas and to assign identification marks to each such area, to prescribe the forms of application and declaration for, and the contents of, motor vehicles and motor trade licences, to prescribe the fees to be charged thereof and the manner of payment thereof, and to provide special facilities for the licensing of motor vehicles brought into Malaysia;
(p)
to provide for the supply of registration particulars and the fees to be paid for such particulars;
(q)
to provide for the surrender of licences that become void otherwise than by the effluxion of time;
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(r)
to provide for the issue of a registration certificate in respect of the registration of any motor vehicle and for the surrender, transfer, production and inspection by the prescribed persons of any registration certificate so issued, and for the issue of new registration certificates and new motor vehicle licences in the place of any such registration certificates or licences which may be lost, defaced or destroyed, and for the fee to be paid on the issue thereof;
(s)
to prescribe the size, shape and character of the registration number and signs to be displayed on any motor vehicle and the manner in which those registration numbers or signs are to be fixed, displayed, illuminated and rendered easily distinguishable, whether by night or day, and to provide for a distinctive registration number or other sign to be carried by public service vehicles or goods vehicles, or by public service vehicles or goods vehicles licensed for a particular purpose;
(t)
to require any person to whom any motor vehicle is sold or disposed of to furnish the prescribed particulars in the prescribed manner;
(u)
to prescribe the form of, and the particulars to be included in, an application for a motor trade licence and the identification marks to be carried by any motor vehicle used under such licence and to define the purposes for which the holder of a motor trade licence may use a motor vehicle under such licence;
(v)
to extend any provisions as to registration, and provisions incidental to any such provisions, to any motor vehicles in respect of which fees under this Act are not payable
(including motor vehicles belonging to the Government), and to provide for the identification of any such motor vehicles;
(w)
to require Directors to make the prescribed returns with respect to motor vehicles registered with them, and to
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make any particulars contained in the register available for use by the prescribed persons;
(x)
to exempt with or without conditions any person or class of persons or any motor vehicle or type of motor vehicle from the operation of all or any of the provisions of this
Part or from the fees payable thereunder, or to reduce such fees;
(y)
to regulate the grant of driving licences, to prescribe the form of application for, and the form and contents of, such licences, to prescribe the conditions to be attached thereto, to prescribe the fees to be charged therefor and the manner of payment thereof;
(z)
with respect to—
(i)
the nature of tests of competence to drive;
(ii)
the evidence of the results of such tests;
(iii)
the diseases and disabilities in the case of which an applicant for a driving licence shall not be entitled to claim to be subjected to a test as to his fitness and ability to drive;
(iv)
the fee to be charged for such tests and the manner of payment thereof;
(aa) to require a person submitting himself for a test of competence to drive to provide a motor vehicle for the purposes thereof;
(bb) to ensure that the person submitting himself for a test of competence to drive and failing to pass that test shall not be eligible to submit himself for another test before the expiration of such period as may be prescribed, except under an order made by the court by virtue of the powers conferred by subsection 29(5);
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(cc)
to provide special facilities for granting driving licences to persons who are not permanently resident in Malaysia or in the Republic of Singapore and to dispense in the case of any such persons with the requirements of section 29;
(dd)
to provide for the communication by Directors to one another, and to Directors or persons exercising similar functions in the Republic of Singapore of particulars of driving licences; to provide that at any time particulars in respect of any persons who are disqualified from holding or obtaining licences or whose licences are suspended or endorsed are available for use by the police, to prevent a person holding more than one driving licence, to facilitate the identification of holders of driving licences, to provide for the grant of a new licence in place of a licence lost or defaced and to provide for payment of such fees as may be prescribed and generally in connection with driving licences;
(ee) to provide for the control of schools or establishments for the instruction of drivers of motor vehicles;
(ff) to require safety seatbelts to be fitted to such class or description of motor vehicles as may be specified, to prescribe the minimum standards of quality of material and construction with respect to road safety seatbelts and the position in which such safety seatbelts shall be fixed, to require the use of such safety seatbelts and to prohibit the sale or supply of such safety seatbelts;
(gg) without prejudice to this Act, to introduce a system whereby any specified offences under this Act, committed
(including offences which are compounded) by any person holding any class of driving licence be recorded by endorsement in his driving licence or otherwise and to provide for the suspension of such person from driving any or all classes of motor vehicle thereof for any period;
(hh) to impose charges for the removal of a motor vehicle from any road and for the detention of such motor vehicles;
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(ii)
to prescribe the number of persons to be carried on any motor vehicle (other than commercial vehicles);
(jj) to prescribe the procedures relating to tender of registration numbers;
(kk) to regulate the use of any type of fuel used for the purpose of propelling motor vehicles;
(ll)
to prescribe the procedures relating to the weighing of motor vehicles and the type of weighing machines to be used after consultation with the Chief Inspector of
Weights and Measures;
(mm)
to prescribe the procedures relating to the use and testing of breathanalyser and the procedures relating to the blood and urine tests of drivers of motor vehicles and the types of breathanalyser to be used;
(nn) to regulate the deregistration of motor;
(oo) to regulate the alterations and modifications of registered motor vehicles;
(pp) to prescribe the type approval of any new model of motor vehicle that is introduced and to regulate the quality of manufacturing or assembling of motor vehicles and the recall mechanism and to provide for the fees to be charged relating to it;
(qq) to regulate the exercise of any functions of the Director by any person authorized to do so under this Act;
(rr) to provide for the use of wheel clamps or other equipment in respect of certain parking offences, the types of wheel clamps or other equipment to be used, the manner of use thereof and the fees to be charged in respect of the detention of a motor vehicle pursuant to the use of wheel clamps;
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(ss) to prescribe any substance as a drug within the meaning and for the purposes of this Act; and
(tt) to regulate the use of any glass or other transparent material fitted to a motor vehicle and to provide for the fees to be charged relating to it.
(2)
The Minister in prescribing the fees to be charged for the licensing of motor vehicles under paragraph (1)(o) may prescribe—
(i)
different rates of fees for different classes of vehicles;
(ii)
that the payment of the aforesaid fees in respect of motor vehicles other than stage buses, express buses and charter buses may be related to the engine capacity of such vehicles; and
(iii)
that the payment of the aforesaid fees in respect of stage buses, express buses and charter buses may be related firstly to the engine capacity of such buses and secondly to the seating capacity of such buses or the gross collection of receipts during a prescribed period in connection with fares charged on passengers of such buses.
(b)
The fees prescribed under subparagraph (a)(iii) of this subsection which are related to gross collection of receipts shall be due and payable within a period to be prescribed and shall for the purposes of paragraph 17(1)(c) not to be treated as prescribed fee.
(3)
For the purpose of ascertaining the fees payable in accordance with subparagraph (2)(a)(iii), which are related to gross collection of receipts, the Director may accept the records of the holder of a licence that are required to be maintained and furnished under the Commercial Vehicles Licensing Board Act 1987 as sufficient proof of the matters contained therein and the fees payable may be assessed by the Director accordingly.
(b)
If it is subsequently found that the records hereinbefore referred to in paragraph (a) of this subsection contain any incorrect
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information in relation to any matter affecting the whole or any part of the fees payable by the holder of a licence in accordance with subparagraph (2)(a)(iii), it shall be lawful for the Director where the whole or any part of such fees has been underpaid to require that such holder shall pay the deficiency without prejudice to any other remedy for the recovery of the fees payable.
(c)
It shall be lawful for the Director if it is proved to his satisfaction that any fee payable in accordance with subparagraph (2)(a)(iii) has been overpaid, to refund the fees so overpaid:
Provided that no such refund shall be allowed unless a claim in respect thereof is made within two years after such payments are made.
(d)
Without prejudice to any other remedy, any fee payable in accordance with subparagraph (2)(a)(iii) may be recovered by the
Minister as a debt due to the Federal Government.
PART IIA
PERIODIC INSPECTION OF MOTOR VEHICLES
Inspection certificates required for certain motor vehicles