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Section 115A

Duty to give information and power to order appearance in court

of Road Transport Act 1987

ActIn forceProvision 155 of 176
Section 115A
(1)

Notwithstanding section 115, if an owner of a motor vehicle is alleged to have committed or is suspected of committing an offence in relation to the driving of a motor vehicle, a police officer, a traffic warden or a road transport officer may, in lieu of applying to the court for a summons, as soon as reasonably practicable serve upon that owner a notice in the prescribed form to his last-known address ordering him to give such information as to the identity and address of the person who was driving the said motor vehicle at or about the time of the alleged offence, and as to the licence held by that person.

(2)

If an owner of a motor vehicle who is served with a notice as provided under subsection (1) fails to comply with the notice within fourteen days on which the information was required from, he shall be deemed to be the driver of the motor vehicle at or around the time the offence was committed and shall appear before the nearest court of a Magistrate having jurisdiction to try the offence, at a time and date to be stated in such notice.

(3)

Notwithstanding anything contained in any written law, any information given under this section by any person who is later charged with any offence in connection with the driving of a motor vehicle may be used as evidence at the hearing of the charge.

172 Laws of Malaysia ACT 333