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Road Transport Act 1987 · Updated to 15 Oct 2023 · Part II · Classification, Registration and Licensing of Motor Vehicles and Drivers

Section 64

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(1)

When any person is found or is reasonably believed to be using a motor vehicle in contravention of this Act or any order or prohibition made, or in contravention of the terms of the licence for such motor vehicle, any police officer, any road transport officer

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authorized in writing in that behalf by the Director General, or the

Dato Bandar may, whenever it appears that such motor 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 a motor vehicle to take such motor vehicle to a place of safety, thereto be kept until released by order of a Magistrate, Chief Police Officer, a Director, a Deputy

Director authorized in writing in that behalf by the Director General, or the Dato Bandar, provided and subject to subsection (3), such motor 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, he shall be guilty of an offence.

(2)

Any unauthorized person removing or causing to be removed such motor vehicle from the place of safety shall be guilty of an offence.

(3)

Any 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 under this Act for such removal and detention are paid.

(4)

When any motor vehicle is detained under this section, the police officer or road transport officer detaining the same shall as soon as reasonably practicable, give notice in writing of such detention to the owner of the motor vehicle if the name and address of such owner is known to him and if within three months from the date of its detention the motor vehicle is not claimed by its owner, that officer shall refer the matter to a Magistrate, who shall make such order as he thinks fit in respect of the forfeiture or disposal of the motor vehicle and its load (if any).

(5)

If a motor vehicle detained has perishable loads and the storage of such loads pending final forfeiture or disposal order under subsection (4) involves unreasonable expense and inconvenience, the

Director may direct that such loads be sold or disposed of at any time and the proceeds of sale held to abide by the result of any prosecution or claim under this section.

98 Laws of Malaysia ACT 333

Terms defined in this Act

charge
Defined · s 88A
“charge” means the motor vehicle road charge. Application
Open s 88A
Chief Police Officer
Defined · s 2
“Chief Police Officer” means any police officer vested by the Inspector General of Police with the control of the Royal Malaysia Police in respect of any area or state under section 6 of the Police Act 1967 and designated as such by the Inspector General of Police; Road Transport 13
Open s 2
Dato Bandar
Defined · s 2
“Dato Bandar” means the Dato Bandar Kuala Lumpur appointed under section 3 of the Federal Capital Act 1960 read with section 4 of the City of Kuala Lumpur Act 1971 and includes any officer in the service of the City of Kuala Lumpur authorized in writing by the Dato Bandar to exercise powers conferred or to perform duties imposed by this Act on the Dato Bandar;
Open s 2
Deputy Director
Defined · s 2
“Deputy Director” means a Deputy Director for Road Transport appointed under section 3;
Open s 2
Director
Defined · s 2
“Director” means a Director for Road Transport appointed under section 3;
Open s 2
Director General
Defined · s 2
“Director General” means the Director General for Road Transport appointed under section 3; *NOTE—The Companies Act 1965 has since been repealed by the Companies Act 2016 which comes into operation on 31 January 2017—see subsection 620(1)…
Open s 2
driver
Defined · s 2
“driver” means the person for the time being driving a motor vehicle and, in the case of a stationary motor vehicle, includes the person for the time being responsible for the driving of the motor vehicle;
Open s 2
motor vehicle
Defined · s 2
“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;
Open s 2
police officer
Defined · s 2
“police officer” includes an extra police officer, a volunteer reserve police officer or an auxiliary police officer appointed under the Police Act 1967;
Open s 2
road
Defined · s 2
“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;
Open s 2
road transport officer
Defined · s 2
“road transport officer” means any person appointed to be a road transport officer under section 3;
Open s 2
this Act
Defined · s 2
“this Act” includes any subsidiary legislation made under this Act;
Open s 2
vehicle
Defined · s 2
“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;
Open s 2

Report

Read on from s 65

Part III

Roads

Read on from Part III

Part IV

Provisions Against Third Party Risks Arising Out of the Use of Motor Vehicles

Read on from Part IV

Part V

Offences and Miscellaneous Provisions

Read on from Part V