Malaysia legislation
Section 29
Section 29
Tests of competence to drive
(a)
held a probationary driving licence for a period of two years and makes the application within one year after the expiry of that period;
(b)
within three years before the date on which he makes the application held a licence issued by a competent authority in Malaysia or the Republic of Singapore authorizing him to drive motor vehicles of the class or description which he would be authorized, by the driving licence for which he is applying, to drive; or
(c)
within three years before the date on which he makes the application held a licence issued by a competent authority in any other country authorizing him to drive motor vehicles of the class or description which he would be authorized, by the driving licence for which he is applying, to drive, and that tests of competence to drive comparable with the tests as prescribed under this Act are in force in that country:
Provided that paragraph (a), (b) or (c) shall not apply to any
Malaysian member of the Forces, who is in possession of a valid driving licence duly issued by or on behalf of the proper authority authorizing him in the course of his duties to drive motor vehicles of the class or description which he would be authorized to drive; and such person shall be entitled to a driving licence for that class or description of vehicle on application and upon payment of the prescribed fee.
(1A)
Notwithstanding the provision of this section, no driving licence shall be granted to any applicant unless he satisfies the
Director that on the date on which he makes the application he has no outstanding matter or case with the Road Transport Department or the Police relating to any contravention of or offence against this Act or the Commercial Vehicle Licensing Board Act 1987.
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(2)
For the purpose of enabling a person to learn to drive a motor vehicle with a view to passing a test under this section, the Director may, subject to section 27, grant him a learner’s driving licence.
(3)
A learner’s driving licence shall be in the prescribed form, shall be granted subject to the prescribed conditions and shall be valid for such period as may be prescribed.
(4)
If any person to whom a learner’s driving licence is granted fails to comply with any of the conditions subject to which it is granted, he shall be guilty of an offence.
(4A)
Where the person who is holding a learner’s driving licence passes the prescribed tests of competence, the Director shall grant him a probationary driving licence and such licence shall be in the prescribed form and subject to the prescribed conditions and shall be valid for two years.
(4B)
Subsection (4A) shall not apply to a person who is a holder of a driving licence, other than a learner’s driving licence, of another class or description.
(4C)
If any person to whom a probationary driving licence is granted fails to comply with any of the conditions subject to which it is granted, he shall be guilty of an offence.
(5)
The court before which a person is convicted of any offence under section 42 or 43 may, whether he has previously passed the prescribed test of competence or not, and whether or not the court makes an order disqualifying him from holding or obtaining a licence to drive a motor vehicle, order him to be disqualified from holding or obtaining a driving licence, other than a learner’s driving licence, until he has, since the date of the order, passed a test of competence to drive.
(6)
The provisions of this Act which have effect where an order disqualifying a person from holding or obtaining a driving licence is made shall have effect in relation to a disqualification by virtue of an order under this section subject to the following modifications:
50 Laws of Malaysia ACT 333
(a)
notwithstanding subsection 27(6) or subsection 32(3), the person disqualified shall (unless he is disqualified from holding or obtaining a driving licence otherwise than by virtue of an order under this section) be entitled to obtain and to hold a learner’s driving licence to be granted
(where the person disqualified is the holder of a driving licence, by the Director by whom that driving licence was granted) under subsection (2), and to drive a motor vehicle in accordance with the conditions subject to which the learner’s driving licence is granted;
(b)
the disqualification shall be deemed to have expired on the Director being satisfied that the person has, since the order was made, passed the prescribed test;
(c)
on return to the person disqualified of any driving licence held by him, or on the grant to him of such a licence, there shall be added to the endorsed particulars a statement that the person disqualified has, since the order was made, passed the prescribed test.
Provisions as to physical fitness of applicants for and holders of driving licence