Section 81
Power to seize relevant vehicle to stop continuance of offences, etc.
of Land Public Transport Act 2010
When any person is found or is reasonably believed to be using a relevant vehicle in contravention of this Act or any order, prohibition or restriction made thereunder, or in contravention of the terms of the licence or operator’s licence for such relevant vehicle, any
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police officer, any road transport officer authorized in writing in that behalf by the *Director General or any land public transport officer authorized in writing in that behalf by the Director General of Land
Public Transport may, whenever it appears that such relevant vehicle or its driver cannot be sufficiently identified or that such action is necessary to cause a discontinuance of the offence, take or cause to be taken or require the person in charge of the relevant vehicle to take such relevant vehicle to a place of safety, there to be kept until released by order of a Magistrate, Chief Police Officer, Director for Road
Transport or Director General of Land Public Transport, provided and subject to subsection (3), such relevant vehicle shall not be detained longer than is necessary to ascertain the identity of the driver or to secure the discontinuance of the offence, and if any person refuses or neglects to comply with any such requirement, commits an offence and shall be liable in the case of a first conviction, to a fine not exceeding two thousand ringgit or to imprisonment for a term not exceeding six months and, in the case of a second or subsequent conviction, to a fine not exceeding four thousand ringgit or to imprisonment for a term not exceeding twelve months or to both.
(2)
An unauthorized person removing or causing to be removed such relevant vehicle from the place of safety commits an offence and shall be liable in the case of a first conviction, to a fine not exceeding two thousand ringgit or to imprisonment for a term not exceeding six months and, in the case of a second or subsequent conviction, to a fine not exceeding four thousand ringgit or to imprisonment for a term not exceeding twelve months or to both.
(3)
Any relevant vehicle which has been removed in accordance with subsection (1), may be detained in some suitable place and there to remain at the risk of the owner until any fees as may be prescribed for such removal and detention are paid.
*NOTE—The interpretation of “Director General” was substituted with the interpretation of
“Director General of Land Public Transport” by way of amendment under section 3 of the Land
Public Transport (Amendment) Act 2018 [Act A1574]. However, Act A1574 did not provide the drafting instruction to insert the words “of Land Public Transport” after the words “Director
General” in subsection 81(1) of this Act, as provided by the drafting instruction which amended sections 23, 42, 58 and 73 of this Act.
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(4)
When any relevant vehicle is detained under this section, the officer detaining the same shall with all reasonable despatch, give notice in writing of such detention to the owner of the relevant vehicle if the name and address of such owner is known to him, and if such relevant vehicle is not claimed by its owner within three months from the date of its detention, that officer may, after giving one month’s notice in the Gazette of his intention so to do, sell by public auction or otherwise dispose of such relevant vehicle and its load (if any), provided that no such notice need be given in the case of any load of a perishable nature.
(5)
The proceeds, if any, from the sale or disposal of the relevant vehicle and its load under subsection (4) shall be applied in payment of any fees which may be due in respect of the licence or operator’s licence for such relevant vehicle and of any charges incurred in carrying out this section, and the surplus, if any, shall be paid to the owner of the relevant vehicle or if not claimed by such person within twelve months after the date of such sale or disposal, shall be forfeited to the Federal Government.