Road Transport Act 1987 · Updated to 15 Oct 2023 · Part II · Classification, Registration and Licensing of Motor Vehicles and Drivers
Section 45
Feedback & supportAny person who when in charge of a motor vehicle which is on a road or other public place, but not driving the vehicle, is unfit to drive in that he is under the influence of intoxicating liquor or of a drug to such an extent as to be incapable of having proper control of a motor vehicle, shall be guilty of an offence and *shall on conviction be punished with a fine of not less than one thousand ringgit and not more than five thousand ringgit, and shall also be liable to imprisonment for a term not exceeding two years and, in the case of a second or subsequent conviction, with a fine of not less than five thousand ringgit and not more than ten thousand ringgit and shall also be liable to imprisonment for a term not exceeding five years:
Provided that a person shall be deemed for the purpose of this section not to have been in charge of a motor vehicle if he proves—
motor vehicle
“motor vehicle” means a vehicle of any description, propelled by means of mechanism contained within itself and constructed or adapted so as to be capable of being used on roads, and includes a trailer;
that at the material time the circumstances were such that there was no likelihood of his driving the vehicle so long as he remained so unfit to drive; and
vehicle
“vehicle” means a structure capable of moving or being moved or used for the conveyance of any person or thing and which maintains contact with the ground when in motion;
that between his becoming so unfit to drive and the material time he had not driven the vehicle on a road or other public place.
road
“road” means— (a) any public road and any other road to which the public has access and includes bridges, tunnels, lay-bys, ferry facilities, interchanges, roundabouts, traffic islands, road dividers, all traffic lanes, acceleration lanes, deceleration lanes, side-tables, median strips, overpasses, underpasses, approaches, entrance and exit ramps, toll plazas, service areas, and other structures and fixtures to fully effect its use; (b) for the purposes of sections 70 and 85, also includes a road under construction; and (c) for the purpose of sections 41, 42, 43, 44, 45 and 45A, also includes a parking place;
A person convicted under this section shall be disqualified from holding or obtaining a driving licence for a period of not less than two years from the date of the conviction and, in the case of a second or subsequent conviction, be disqualified for a period of not less than five years from the date of the conviction.
driving licence
“driving licence” means a licence to drive a motor vehicle granted or deemed to be granted under Part II and includes a learner’s driving licence and a probationary driving licence granted under section 29;
Where a person convicted of an offence under this section has been previously convicted of an offence under section 44, he shall be
*NOTE―Previously “shall on conviction be punished with a fine not exceeding one thousand ringgit and shall also be liable to imprisonment for a term not exceeding three months and, in the case of a second or subsequent conviction, a fine of not less than two thousand ringgit and not more than six thousand ringgit and shall also be liable to imprisonment for a term not exceeding twelve months”
see subsection 7(a) of Road Transport (Amendment) Act 2020 [Act A1618].
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treated for the purpose of this section as having been previously convicted under this section.
Notwithstanding subsection (1), where a person who is a holder of a probationary driving licence is convicted under this section, the court shall thereupon revoke his driving licence.
probationary driving licence
“probationary driving licence” means a licence for a probationary period of two years which is granted to any person who has passed the prescribed tests of competence;
Driving or being in charge of a motor vehicle with alcohol concentration above prescribed limit